Allegro, Marianne T.

English

Seton Hall University Libraries

LEGISLATIVE SUMMARIESthe human body. A detailed, but not exhaustive, list explains what typesof objects constitute these materials and equipment. Additionally, the Actstates several factors that the trier of fact may consider, in addition to or aspart of the proof, in determining whether or not an object is drugparaphernalia.In an effort to curb the introduction of controlled dangerous sub-stances into the human body, the Act mandates a penalty for the use andpossession, distribution, or advertisement to promote the sale of drugparaphernalia. Any person who uses, or possesses with the intent to use,any object classified as drug paraphernalia is guilty of a disorderly personsoffense. Any person who distributes, dispenses, or possesses with theintent to distribute or dispense drug paraphernalia so that another personmay introduce controlled dangerous substances into the human bodycommits a crime of the fourth degree. However, any person eighteen yearsof age or older who delivers drug paraphernalia to someone who is bothunder eighteen years of age and at least three years his junior commits acrime of the third degree.The Act also restricts the sale or distribution of a hypodermic syringeor needle without a prescription. It is unlawful for any person to haveunder his control, without a valid prescription from a duly licensed indi-vidual, a hypodermic syringe, needle or any other instrument used tointroduce controlled dangerous substances into the human body. The lawrequires that any person who legitimately fills a prescription for a hypoder-mic syringe or needle for use with controlled dangerous substances mustkeep the transaction on record for a period of two years. This record mustbe available for inspection upon request by an authorized public officer oragent. The prescription will become invalid if not filled within six monthsof its original issuance. Any person who violates this section is guilty of adisorderly persons offense.Any drug paraphernalia which is seized in accordance with this Actshall be subject to forfeiture provisions in the New Jersey Code of Crimi-nal Justice.-Mary A. SmithINVESTIGATION OF ARSON-RELEASE OF INFORMATION ON FIRELOSSES BY INSURERS TO AUTHORIZED STATE AGENCIES -N.J. STAT. ANN. §§ 17:36-14 to -21 (West Supp. 1981)N.J. STAT. ANN. §§ 17:36-14 to -21 enables the State to gatherinformation pertaining to property losses by fire and suspected arson. It1982]SETON HALL LEGISLA TIVE JOURNALmandates that an insurer who has reason to believe that an insured's fireclaim arises from circumstances which were not accidental report the fire tothe local county prosecutor, who will then give the information to theagency responsible for investigating the fire. An authorized agency caninitiate this exchange of information by a request in writing to the insurer.The insurer is then required to disclose the requested information and tocooperate with the agency. The agency may then release this informationto any other authorized agency to the extent that it is relevant to thelatter's investigation of property loss by fire. The information obtainedpursuant to this Act may otherwise be disclosed only for use in a civil orcriminal proceeding as ordered by a court.In the event of a civil action, an insurer who furnishes an authorizedagency with information is entitled, as a matter of right, to request thatthe agency release other relevant information to it if such information isnot privileged by law. If the insurance company is named as a party to thelitigation, personnel of any authorized agency may be required to testify.This Act changes existing law by providing that an insurer will nolonger incur risk or civil liability for divulging required information aslong as actual malice is not found on the part of the insurer. A failure todisclose information as required or a failure to hold information in confi-dence will result in a penalty of not more than $250. The proceedings maybe brought by an authorized agency which has not received information orhas not been notified regarding a fire loss, or by an-insurer or person whohas been injured by failure to keep the information confidential, or by theState. A reasonable and good faith effort to comply with the provisions ofthis Act is a defense to an alleged violation.-Marianne T. AllegroDOMESTIC RELATIONS-SpousAL ASSAULT-N.J. STAT. ANN. §§2C:12-4 to -9 (West Supp. 1981)The Legislature has recognized spousal assault as a significant socialissue and has enacted N.J. STAT. ANN. §§ 2C:12-4 to -9. This Actprovides an emergency procedure whereby an individual accusing his orher spouse of an assault and battery can seek immediate relief in themunicipal court. When such a complaint is brought before a municipalcourt judge, testimony will be taken concerning the allegations made bythe complaining spouse. If it appears that there is probable cause to[Vol. 5:209

Investigation of Arson - Release of Information on Fire Losses by Insurers to Authorized State Agencies - N.J. Stat. Ann. §§ 17:36-14 to -21 (West Supp. 1981)

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Investigation of Arson - Release of Information on Fire Losses by Insurers to Authorized State Agencies - N.J. Stat. Ann. §§ 17:36-14 to -21 (West Supp. 1981)

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