Frank Luciano Blog

CRIMINAL LAW IN BERGEN AND PASSAIC COUNTIES: MEGAN'S LAW

Awhile ago, I posted a blog that identified a case decided by the New Jersey Supreme Court that prevented municipalities from implementing residency restrictions on sex offenders. The core of that decision was grounded upon principals of preemption.

Last week, the Assembly Judiciary Committee unanimously approved a bill to effectively overrule the Supreme Court's decision by empowering local authorities to restrict where sex offenders may live in their municipality. The bill will authorize exclusionary zoning around playgrounds, parks, schools and daycare centers. It will not require sex offenders under twenty-one (21) to relocate , however, if an area has been re-zoned. Nor, will the law effectively exclude residency throughout the town.

The legislative action has been hotly disputed by the American Civil Liberties Union and the Public Defender's Office. These objectors have cited recent statistics from Iowa where similar local ordinances have produced a tracking problem for sex offenders because they will not register for fear of being ordered out of an exclusionary zone.

Frank T. Luciano, Esq., is a trial lawyer in Bergen County, Passaic County, Hudson County and Morris County with over thirty years of experience in the defense of criminal prosecutions with special emphasis in drug crimes and drunk driving (DWI/DUI) offenses.

Labels: attorney Criminal Law Criminal Law in Bergen County Criminal Law in Passaic County exclusionary zone Megan's Law new jersey new jersey attorney preemption residency sex offender