Bill Text: NJ A4885 | 2022-2023 | Regular Session | Introduced
Bill Title: Increases penalty and establishes presumption of pretrial detention for persons who commit carjacking and theft by deception in certain circumstances.
Spectrum: Partisan Bill (Republican 3-0)
Status: (Introduced - Dead) 2022-12-05 - Combined with A3666 (ACS) [A4885 Detail]
Download: New_Jersey-2022-A4885-Introduced.html
Sponsored by:
Assemblywoman VICTORIA A. FLYNN
District 13 (Monmouth)
Assemblyman GERRY SCHARFENBERGER
District 13 (Monmouth)
Co-Sponsored by:
Assemblyman Auth
SYNOPSIS
Increases penalty and establishes presumption of pretrial detention for persons who commit carjacking and theft by deception in certain circumstances.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning carjackings and theft by deception and amending P.L.1993, c.221, N.J.S.2C:20-4, and P.L.2014, c.31.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 1 of P.L. 1993, c.221 (C.2C:15-2) is amended to read as follows:
1. a. Carjacking defined. A person is guilty of carjacking if in the course of committing an unlawful taking of a motor vehicle, as defined in R.S.39:1-1, or in an attempt to commit an unlawful taking of a motor vehicle he:
(1) inflicts bodily injury or uses force upon an occupant or person in possession or control of a motor vehicle;
(2) threatens an occupant or person in control with, or purposely or knowingly puts an occupant or person in control of the motor vehicle in fear of, immediate bodily injury;
(3) commits or threatens immediately to commit any crime of the first or second degree; or
(4) operates or causes said vehicle to be operated with the person who was in possession or control or was an occupant of the motor vehicle at the time of the taking remaining in the vehicle.
An act shall be deemed to be "in the course of committing an unlawful taking of a motor vehicle" if it occurs during an attempt to commit the unlawful taking of a motor vehicle or during an immediate flight after the attempt or commission.
b. Grading. Carjacking is a crime of the first degree and upon conviction thereof a person may, notwithstanding the provisions of paragraph (1) of subsection a. of N.J.S.2C:43-6, be sentenced to an ordinary term of imprisonment between 10 and 30 years. A person convicted of carjacking shall be sentenced to a term of imprisonment and that term of imprisonment shall include the imposition of a minimum term of at least five years during which the defendant shall be ineligible for parole.
c. Additional penalties. In addition to any term of imprisonment imposed pursuant to subsection b. of this section, and any other disposition authorized by law, the court may impose a fine not to exceed $10,000, plus the value of the motor vehicle and its contents at the time it was stolen if the value exceeds $5,000 and the motor vehicle is not recovered.
(cf: P.L.1993, c.221, s.1)
2. N.J.S.2C:20-4 is amended to read as follows:
2C:20-4 A person is guilty of theft if he purposely obtains property of another by deception. A person deceives if he purposely:
a. Creates or reinforces a false impression, including false impressions as to law, value, intention or other state of mind, and including, but not limited to, a false impression that the person is soliciting or collecting funds for a charitable purpose; but deception as to a person's intention to perform a promise shall not be inferred from the fact alone that he did not subsequently perform the promise;
b. Prevents another from acquiring information which would affect his judgment of a transaction; or
c. Fails to correct a false impression which the deceiver previously created or reinforced, or which the deceiver knows to be influencing another to whom he stands in a fiduciary or confidential relationship.
The term "deceive" does not, however, include falsity as to matters having no pecuniary significance, or puffing or exaggeration by statements unlikely to deceive ordinary persons in the group addressed.
d. In addition to any other disposition authorized by law, if the victim of theft by deception of a motor vehicle is a minor, the person shall be guilty of endangering the welfare of a child pursuant to paragraph a. of N.J.S.2C:24-4.
(cf: P.L.2003, c.43, s.1)
3. Section 5 of P.L.2014, c.31 (C.2A:162-19) is amended to read as follows:
5. a. A prosecutor may file a motion with the court at any time, including any time before or after an eligible defendant's release pursuant to section 3 of P.L.2014, c.31 (C.2A:162-17), seeking the pretrial detention of an eligible defendant for:
(1) any crime of the first or second degree enumerated under subsection d. of section 2 of P.L.1997, c.117 (C.2C:43-7.2);
(2) any crime for which the eligible defendant would be subject to an ordinary or extended term of life imprisonment;
(3) any crime if the eligible defendant has been convicted of two or more offenses under paragraph (1) or (2) of this subsection;
(4) any crime enumerated under paragraph (2) of subsection b. of section 2 of P.L.1994, c.133 (C.2C:7-2) or crime involving human trafficking pursuant to section 1 of P.L.2005, c.77 (C.2C:13-8) or P.L.2013, c.51 (C.52:17B-237 et al.) when the victim is a minor, or the crime of endangering the welfare of a child under N.J.S.2C:24-4;
(5) any crime enumerated under subsection c. of N.J.S.2C:43-6;
(6) any crime or offense involving domestic violence as defined in subsection a. of section 3 of P.L.1991, c.261 (C.2C:25-19); or
(7) any other crime for which the prosecutor believes there is a serious risk that:
(a) the eligible defendant will not appear in court as required;
(b) the eligible defendant will pose a danger to any other person or the community; or
(c) the eligible defendant will obstruct or attempt to obstruct justice, or threaten, injure, or intimidate, or attempt to threaten, injure or intimidate, a prospective witness or juror.
b. When a motion for pretrial detention is filed pursuant to subsection a. of this section, there shall be a rebuttable presumption that the eligible defendant shall be detained pending trial because no amount of monetary bail, non-monetary condition or combination of monetary bail and conditions would reasonably assure the eligible defendant's appearance in court when required, the protection of the safety of any other person or the community, and that the eligible defendant will not obstruct or attempt to obstruct the criminal justice process, if the court finds probable cause that the eligible defendant committed:
(1) [committed] murder pursuant to N.J.S.2C:11-3; [or]
(2) [committed] any crime for which the eligible defendant would be subject to an ordinary or extended term of life imprisonment [.] ;
(3) carjacking in violation of section 1 of P.L. 1993, c.221 (C.2C:15-2); or
(4) theft by deception of a motor vehicle against a minor in violation of subsection d. of N.J.S.2C:20-4.
c. A court shall hold a hearing to determine whether any amount of monetary bail or non-monetary conditions or combination of monetary bail and conditions, including those set forth under subsection b. of section 3 of P.L.2014, c.31 (C.2A:162-17) will reasonably assure the eligible defendant's appearance in court when required, the protection of the safety of any other person or the community, and that the eligible defendant will not obstruct or attempt to obstruct the criminal justice process.
d. (1) Except as otherwise provided in this subsection, the pretrial detention hearing shall be held no later than the eligible defendant's first appearance unless the eligible defendant, or the prosecutor, seeks a continuance. If a prosecutor files a motion for pretrial detention after the eligible defendant's first appearance has taken place or if no first appearance is required, the court shall schedule the pretrial detention hearing to take place within three working days of the date on which the prosecutor's motion was filed, unless the prosecutor or the eligible defendant seeks a continuance. Except for good cause, a continuance on motion of the eligible defendant may not exceed five days, not including any intermediate Saturday, Sunday, or legal holiday. Except for good cause, a continuance on motion of the prosecutor may not exceed three days, not including any intermediate Saturday, Sunday, or legal holiday.
(2) Upon the filing of a motion by the prosecutor seeking the pretrial detention of the eligible defendant and during any continuance that may be granted by the court, the eligible defendant shall be detained in jail, unless the eligible defendant was previously released from custody before trial, in which case the court shall issue a notice to appear to compel the appearance of the eligible defendant at the detention hearing. The court, on motion of the prosecutor or sua sponte, may order that, while in custody, an eligible defendant who appears to be a drug-dependent person receive an assessment to determine whether that eligible defendant is drug-dependent.
e. (1) At the pretrial detention hearing, the eligible defendant has the right to be represented by counsel, and, if financially unable to obtain adequate representation, to have counsel appointed. The eligible defendant shall be afforded an opportunity to testify, to present witnesses, to cross-examine witnesses who appear at the hearing, and to present information by proffer or otherwise. The rules concerning admissibility of evidence in criminal trials shall not apply to the presentation and consideration of information at the hearing.
(2) In pretrial detention proceedings for which there is no indictment, the prosecutor shall establish probable cause that the eligible defendant committed the predicate offense. A presumption of pretrial detention as provided in subsection b. of this section may be rebutted by proof provided by the eligible defendant, the prosecutor, or from other materials submitted to the court. The standard of proof for a rebuttal of the presumption of pretrial detention shall be a preponderance of the evidence. If proof cannot be established to rebut the presumption, the court may order the eligible defendant's pretrial detention. If the presumption is rebutted by sufficient proof, the prosecutor shall have the opportunity to establish that the grounds for pretrial detention exist pursuant to this section.
(3) Except when an eligible defendant has failed to rebut a presumption of pretrial detention pursuant to subsection b. of this section, the court's finding to support an order of pretrial detention pursuant to section 4 of P.L.2014, c.31 (C.2A:162-18) that no amount of monetary bail, non-monetary conditions or combination of monetary bail and conditions will reasonably assure the eligible defendant's appearance in court when required, the protection of the safety of any other person or the community, and that the eligible defendant will not obstruct or attempt to obstruct the criminal justice process shall be supported by clear and convincing evidence.
f. The hearing may be reopened, before or after a determination by the court, at any time before trial, if the court finds that information exists that was not known to the prosecutor or the eligible defendant at the time of the hearing and that has a material bearing on the issue of whether there are conditions of release that will reasonably assure the eligible defendant's appearance in court when required, the protection of the safety of any other person or the community, or that the eligible defendant will not obstruct or attempt to obstruct the criminal justice process.
g. When a motion for pretrial detention is filed pursuant to subsection a. of this section, a pretrial recommendation of no release pursuant to subsection f. of section 6 of P.L.2014, c.31 (C.2A:162-20) may constitute prima facie evidence to overcome the presumption of release as set forth in subsection b. of section 4 of P.L.2014, c.31 (C.2A:162-18), if the court finds probable cause that the eligible defendant committed any crime for which the eligible defendant would be subject to a mandatory term of imprisonment pursuant to subsection c. of N.J.S.2C:43-6 for a crime involving the use or possession of a firearm other than a violation of:
(1) subsection a. or d. of N.J.S.2C:39-3;
(2) paragraph (1) or (2) of subsection a. of N.J.S.2C:39-4;
(3) subsection a. of section 1 of P.L. 1998, c.26 (C.2C:39-4.1); or
(4) paragraph (1) of subsection b. or paragraph (1) or (2) of subsection c. of N.J.S.2C:39-5.
(cf: P.L.2022, c.43, s.1)
4. This act shall take effect immediately.
STATEMENT
This bill increases the penalties and establishes a presumption of pretrial detention for persons who commit carjacking and theft by deception of a motor vehicle under certain circumstances.
The bill increases penalties for carjacking by permitting the court to impose a $10,000 fine, in addition to the cost of the motor vehicle upon a defendant found guilty of carjacking provided the vehicle was not recovered and the value of the vehicle and its contents at the time of the crime exceeds $5,000.
The bill also increases penalties for an individual who commits theft of a motor vehicle by deception against a minor. If theft by deception of a motor vehicle is committed against a minor, the individual also will be subject to the fine and term of imprisonment established for committing child endangerment.
Under current law, courts are authorized to order the pretrial release of a defendant pending further proceedings, or order pretrial detention of defendants who are found to be a flight risk, a danger to another or the community, or likely to obstruct further criminal proceedings.
The bill provides that if, upon motion by the prosecutor, the court finds probable cause that a defendant committed carjacking or theft of a motor vehicle by deception against a minor, there would be a rebuttable presumption that the person be detained pending trial. This rebuttable presumption applies under current law when the court finds probable cause that the defendant committed murder or any crime for which the defendant would be subject to an ordinary or extended term of life imprisonment.
