Bill Text: NJ A807 | 2010-2011 | Regular Session | Introduced
Bill Title: Includes death by auto or vessel and certain assaults to crimes with bail restrictions; adds non-United States citizenship status to conditions warranting presumption favoring posting full cash bail.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2010-01-12 - Introduced, Referred to Assembly Judiciary Committee [A807 Detail]
Download: New_Jersey-2010-A807-Introduced.html
STATE OF NEW JERSEY
214th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2010 SESSION
Sponsored by:
Assemblyman NELSON T. ALBANO
District 1 (Cape May, Atlantic and Cumberland)
SYNOPSIS
Includes death by auto or vessel and certain assaults to crimes with bail restrictions; adds non-United States citizenship status to conditions warranting presumption favoring posting full cash bail.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel
An Act concerning crimes with bail restrictions and amending P.L.1994, c.144.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 1 of P.L.1994, c.144 (C.2A:162-12) is amended to read as follows:
1. a. As used in this section:
"Crime with bail restrictions" means a crime of the first or second degree charged under any of the following sections:
(1) Murder 2C:11-3.
(2) Manslaughter 2C:11-4.
(3) Kidnaping 2C:13-1.
(4) Sexual Assault 2C:14-2.
(5) Robbery 2C:15-1.
(6) Carjacking P.L.1993,c.221,s.1 (C.2C:15-2).
(7) Arson and Related Offenses 2C:17-1.
(8) Causing or Risking Widespread Injury or Damage 2C:17-2.
(9) Burglary 2C:18-2.
(10) Theft by Extortion 2C:20-5.
(11) Endangering the Welfare of Children 2C:24-4.
(12) Resisting Arrest; Eluding Officer 2C:29-2.
(13) Escape 2C:29-5.
(14) Corrupting or Influencing a Jury 2C:29-8.
(15) Possession of Weapons for Unlawful Purposes 2C:39-4.
(16) Weapons Training for Illegal Activities P.L.1983,c.229,s.1 (C.2C:39-14).
(17) Assault 2C:12-1.
(18) Death by Auto or Vessel 2C:11-5.
"Crime with bail restrictions" also includes any first or second degree drug-related crimes under chapter 35 of Title 2C of the New Jersey Statutes, [and] any first or second degree racketeering crimes under chapter 41 of Title 2C of the New Jersey Statutes and any third degree assault by auto or vessel crime under subsection c. of N.J.S. 2C:12-1.
b. Subject to the provisions of subsection c. of this section, a person charged with a crime with bail restrictions 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 with an unencumbered equity equal to the amount of bail undertaken plus $20,000.
c. There shall be a presumption in favor of the court designating the posting of full United States currency cash bail to the exclusion of other forms of bail when a defendant is charged with an offense as set forth in subsection a. of this section and:
(1) has two other indictable cases pending at the time of the arrest; or
(2) has two prior convictions for a first or second degree crime or for a violation of section 1 of P.L.1987, c.101 (C.2C:35-7) or any combination thereof; or
(3) has one prior conviction for murder, aggravated manslaughter, aggravated sexual assault, kidnapping or bail jumping; or
(4) was on parole at the time of the arrest; or
(5) was not a United States citizen at the time of the commission of the offense,
unless the court finds on the record that another form of bail authorized in subsection b. of this section will ensure the defendant's presence in court when required.
d. When bail is posted in the form of a bail bond secured by real property, the owner of the real property, whether the person is admitted to bail or a surety, shall also file an affidavit containing:
(1) A legal description of the real property;
(2) A description of each encumbrance on the real property;
(3) The market value of the unencumbered equity owned by the affiant as determined in a full appraisal conducted by an appraiser licensed by the State of New Jersey; and
(4) A statement that the affiant is the sole owner of the unencumbered equity.
e. Nothing herein is intended to preclude a court from releasing a person on the person's own recognizance when the court determines that such person is deserving.
(cf: P.L. 2003, c.177)
2. This act shall take effect immediately.
STATEMENT
This bill adds first and second degree death by auto or vessel offenses under N.J.S.A.2C:11-5, any second degree assault offenses under N.J.SA.2C:12-1, and any third degree assault by auto or vessel offense under subsection c. of N.J.S.A.2C:12-1, to the provisions of N.J.S.A.2A:162-12, the crimes with bail restrictions statute for which bail must be posted in full cash or certain surety bonds or bail bonds.
In addition, the bill further amends N.J.S.A.2A:162-12 to add an additional circumstance which, if present, warrants the application of a presumption in favor of the court designating the posting of full cash bail to the exclusion of other forms of bail. Under the bill, if the defendant was not a United States citizen at the time of the commission of the offense, that condition, in conjunction with being charged with a crime with bail restrictions, would warrant the application of the presumption.
