The measure in the state Legislature that was spurred by an autistic 19-year-old's ocean plunge in Manasquan on a dare last February clears a Senate committee and heads for a full upper-house vote.

NJ State Senator Robert Singer (Townsquare Media)
NJ State Senator Robert Singer (Townsquare Media)
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Shore state Senator Robert Singer (R-30) and Senate President Steve Sweeney (D-3), with strong support by Autism New Jersey, wrote the measure that would enhance protections from victimization for people with development disabilities. The Senate Law and Public Safety Committee approved it unanimously.

The measure, S-2940, clarifies the definition of reckless endangerment and raises the associated penalties, the most stringent applying to cases in which victims suffer cognitive impairments.

Two companions coaxed the teen into jumping into the Atlantic on the promise of $20 and two packs of cigarettes, recorded it on video, and posted it to social media. He is diabetic in addition to his developmental issues, and his insulin device froze as he fell into the risk of hypothermai and possible drowning.

"Today's committee vote is an important step in making sure we as a state send a clear message that bullying or taking advantage of anyone, especially those who are less able to protect themselves, is wrong and won't be tolerated," said Singer in a prepared statement. "These updates to current law will enhance protections for those with developmental disabilities and will make sure anyone callous enough to commit these types of troubling acts is held accountable."

"Enticing those with developmental disabilities into acts that put them in danger and risk their health and safety is reprehensible," said Sweeney. "But it isn't necessarily illegal. That is why we need to upgrade current law to better protect potential victims and to punish perpetrators. We can't prevent all acts of cruelty and ignorance, but this legislation will hold those responsible accountable and help prevent these incidents from happening to others."

Under terms in the measure, "developmental disability" carries the current statutory definition as a severe, chronic disability attributable to a mental or physical impairment that is manifest before age 22, is likely to continue indefinitely, results in the need for continued care, and results in substantial functional limitations at least three areas among self-care, receptive and expressive language, learning, mobility, self-direction and capacity for independent living or economic self-sufficiency.

Recklessly engaging in activity that presents a "substantial risk of bodily injury" to someone with a developmental disability would be a fourth-degree crime, punishable by up to 18 months in prison and fines up to $10,000.

It would rise to a third degree level if it was shown to create a "substantial risk of serious bodily injury," carrying a possible prison term of three to five years and fines up to $15,000.

Instances of "substantial risk of death" would equate to second-degree crimes, with possible five to 10 year prison terms and fines as high as $150,000.

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