Bill Text: NJ A452 | 2014-2015 | Regular Session | Introduced
Bill Title: Restricts bail options for second and subsequent offenses occurring while released.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Introduced - Dead) 2014-01-16 - Introduced, Referred to Assembly Judiciary Committee [A452 Detail]
Download: New_Jersey-2014-A452-Introduced.html
STATE OF NEW JERSEY
216th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2014 SESSION
Sponsored by:
Assemblyman JERRY GREEN
District 22 (Middlesex, Somerset and Union)
Co-Sponsored by:
Assemblymen Greenwald, Conaway and Wisniewski
SYNOPSIS
Restricts bail options for second and subsequent offenses occurring while released.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel
An Act concerning bail requirements in certain instances and supplementing chapter 162 of Title 2A of the New Jersey Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. Except as provided in section 1 of P.L.1994, c.144 (C.2A:162-12) if, while released pending the disposition of any prior offense, a defendant is charged with a second offense involving a petty disorderly persons offense, a disorderly persons offense, a crime of the fourth degree or a crime of the third degree, there shall be a presumption in favor of the court imposing a 50% cash option for posting bail; and
b. Except as provided in section 1 of P.L.1994, c.144 (C.2A:162-12) if, while released pending the disposition of any prior offense, a defendant is charged with a third or subsequent offense involving a petty disorderly persons offense, a disorderly persons offense, a crime of the fourth degree or a crime of the third degree, there shall be a presumption in favor of the court imposing the 100% cash option for posting bail.
2. This act shall take effect immediately.
STATEMENT
The New Jersey Court Rules contain provisions for the posting of bail in criminal matters. A number of options are available including the posting of full cash, a surety bond or a bail bond. Rule 3:26 also provides that a bail requirement may be satisfied by the deposit of cash in the amount of ten percent of the amount of bail fixed.
N.J.S.A.2A:162-12 imposes restrictions on the ten percent option in cases involving serious offenses. Under this section, persons charged with crimes of the first or second degree cannot use the 10% cash option as a method of posting bail. This bill would create a presumption in favor of the court designating the posting of cash bail when a defendant is charged for a second or subsequent time with other offenses involving a petty disorderly persons offense, a disorderly persons offense, a crime of the fourth degree or a crime of the third degree. Under this bill, the graduated amounts are as follows: 50% cash option for a second offense; and 100% cash option for a third or subsequent offense.
