Bill Text: NJ A494 | 2010-2011 | Regular Session | Introduced
Bill Title: Increases penalty for certain type of manslaughter.
Spectrum: Partisan Bill (Republican 3-0)
Status: (Introduced - Dead) 2010-01-12 - Introduced, Referred to Assembly Judiciary Committee [A494 Detail]
Download: New_Jersey-2010-A494-Introduced.html
STATE OF NEW JERSEY
214th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2010 SESSION
Sponsored by:
Assemblyman VINCENT J. POLISTINA
District 2 (Atlantic)
Assemblyman JOHN F. AMODEO
District 2 (Atlantic)
Co-Sponsored by:
Assemblyman Rible
SYNOPSIS
Increases penalty for certain type of manslaughter.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel
An Act concerning manslaughter and amending N.J.S.2C:11-4.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. N.J.S.2C:11-4 is amended to read as follows:
2C:11-4. Manslaughter. a. Criminal homicide constitutes aggravated manslaughter when:
(1) The actor recklessly causes death under circumstances manifesting extreme indifference to human life; or
(2) The actor causes the death of another person while fleeing or attempting to elude a law enforcement officer in violation of subsection b. of N.J.S.2C:29-2. Notwithstanding the provision of any other law to the contrary, the actor shall be strictly liable for a violation of this paragraph upon proof of a violation of subsection b. of N.J.S.2C:29-2 which resulted in the death of another person. As used in this paragraph, "actor" shall not include a passenger in a motor vehicle.
b. Criminal homicide constitutes manslaughter when:
(1) It is committed recklessly; or
(2) A homicide which would otherwise be murder under section 2C:11-3 is committed in the heat of passion resulting from a reasonable provocation.
c. Aggravated manslaughter under paragraph (1) of subsection a. of this section 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. Aggravated manslaughter under paragraph (2) of subsection a. of this section and manslaughter under paragraph (2) of subsection b. of this section are [is a crime] crimes of the first degree. Manslaughter under paragraph (1) of subsection b. of this section is a crime of the second degree.
(cf: P.L.2001, c.412, s.1)
2. This act shall take effect immediately.
STATEMENT
This bill would upgrade manslaughter under paragraph (2) of subsection b. of N.J.S.2C:11-4 to a crime of the first degree. Manslaughter under paragraph (2) of subsection b. of N.J.S.2C:11-4 is a homicide, which would otherwise be murder under N.J.S.2C:11-3, that is committed in the heat of passion resulting from a reasonable provocation. A crime of the first degree is ordinarily punishable by imprisonment for a term of 10 to 20 years, a fine not to exceed $200,000, or both.
Under current law, manslaughter under paragraph (2) of subsection b. of N.J.S.2C:11-4 is a second degree crime. Crimes of the second degree are ordinarily punishable by imprisonment for five to 10 years, a fine not to exceed $150,000, or both.
