Bill Text: NJ A1491 | 2010-2011 | Regular Session | Introduced
Bill Title: Imposes certain bail restrictions on persons charged with violating domestic violence restraining orders.
Spectrum: Moderate Partisan Bill (Democrat 12-2)
Status: (Passed) 2011-11-07 - Approved P.L.2011, c.138. [A1491 Detail]
Download: New_Jersey-2010-A1491-Introduced.html
STATE OF NEW JERSEY
214th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2010 SESSION
Sponsored by:
Assemblywoman CELESTE M. RILEY
District 3 (Salem, Cumberland and Gloucester)
SYNOPSIS
Imposes certain bail restrictions on persons charged with violating domestic violence restraining orders.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel
An Act concerning bail and domestic violence and supplementing Title 2C of the New Jersey Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. A person charged with a violation of subsection b. of N.J.S.2C:29-9 for contempt of an order entered under the provisions of the "Prevention of Domestic Violence Act of 1991," P.L.1991, c.261 (C.2C:25-17 et al.) or an order entered under the provisions of a substantially similar statute under the laws of another state or the United States may post the required amount of bail only in the form of:
(1) Full cash;
(2) A surety bond executed by a corporation authorized under chapter 31 of Title 17 of the Revised Statutes; or
(3) A bail bond secured by real property situated in this State.
b. The court shall set bail in the following amounts:
(1) When the conduct which constitutes the violation could also constitute a crime, a minimum of $5,000;
(2) When the conduct which constitutes the violation could also constitute a disorderly persons offense, a minimum of $2,500.
2. This act shall take effect immediately.
STATEMENT
This bill imposes certain bail restrictions and increases the minimum amount of bail for persons who are charged with contempt of a domestic violence restraining order.
Currently, it is a crime of the fourth degree for a person to violate a provision in a restraining order when the conduct which constitutes the violation could also constitute a crime or disorderly persons offense (for example, assault or harassment).
Generally, the court may allow defendants to be released on bail after they post 10% of the amount of bail in cash. In the case of violations of domestic violence restraining orders, this sum may be as low as $50. This bill provides that persons charged with violating a restraining order would not be allowed to use this 10% bail option. Instead, these defendants would be required to post bail in the form of full cash, a surety bond, or a bail bond secured by real property located in the State.
The bill provides that if the person is charged with conduct constituting a violation that could constitute a crime, bail would be required to be set at a minimum of $5,000. If the conduct could constitute a disorderly persons offense, bail would be a minimum of $2,500.
