Reacting to a recent State Appellate Court ruling that rejected local residency restrictions for sexual offenders in two municipalities, Senator Christopher J. Connors, Assemblyman Brian E. Rumpf and Assemblyman Daniel M. Van Pelt are calling for their legislation to be heard in establishing a uniform, statewide law that would restrict convicted sexual offenders from residing within 500 feet of a school, child daycare center or playground.
The 9th District Delegation wrote letters to the Chairmen of the Law and Public Safety Committees of each respective House, requesting that their legislation (S-77/A-285) be posted for consideration at the next scheduled hearings of those Committees.
“While we are extremely disappointed in the court’s decision, we anticipated such a ruling for years, which is why we have been working hard toward establishing a consistent, statewide law that would stand up to constitutional challenges,” said Senator Connors. “Essentially, the Court ruled that local ordinances are preempted by State law, which means it is left to the Legislature to act and remedy the situation. Without question, we believe prohibiting sexual offenders from residing near areas frequented by children would be consistent with the spirit and original intent of Megan’s Law.”
In addition, the Connors-Rumpf-Van Pelt child protection initiative would require local governing bodies to be notified when a sexual offender moves into the municipality. The concept of the 9th District Lawmaker’s bill was developed in concert with former Beachwood Mayor Hal Morris, in response to a local incident several years back.
“In the absence of a statewide law, all local ordinances face the prospect of being invalidated, or at the very least, challenged on constitutional grounds,” said Assemblyman Rumpf. “These towns stand to be stripped of an added layer of protection against sexual predators, which is sure to create a great deal of anxiety among local residents and could potentially result in costly litigation. While there have been several key enhancements of Megan’s Law over the past several years, including using global satellite technology to monitor sex offenders, the Legislature has failed to take any definitive action on residency restrictions. Adding to the more than 20 states already with existing laws, in 2008 alone, three states enacted residency restrictions to safeguard children from sexual predators while New Jersey continues to remain dormant on the overall issue.”
Assemblyman Van Pelt went on to say, “The shockwave from this Court ruling should serve as the catalyst for prompt state action. Now that we know where the Courts stand on local ordinances, the State is in a much more informed position to approach the establishment of a statewide residency restriction law and address any complication that would open it up to constitutional challenge. Therefore, it becomes imperative that allowing pedophile-free zones under Megan’s Law become a top priority of the legislative agenda.”
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