Bill Text: NJ S454 | 2014-2015 | Regular Session | Amended

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Bill Title: Increases mandatory minimum term of imprisonment for certain repeat sex offenders.

Spectrum: Slight Partisan Bill (Democrat 2-1)

Status: (Introduced - Dead) 2015-10-19 - Referred to Senate Budget and Appropriations Committee [S454 Detail]

Download: New_Jersey-2014-S454-Amended.html

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[First Reprint]

SENATE, No. 454

STATE OF NEW JERSEY

216th LEGISLATURE

PRE-FILED FOR INTRODUCTION IN THE 2014 SESSION

 

 

Sponsored by:

Senator  FRED H. MADDEN, JR.

District 4 (Camden and Gloucester)

Senator  JEFF VAN DREW

District 1 (Atlantic, Cape May and Cumberland)

 

 

 

 

SYNOPSIS

     Increases mandatory minimum term of imprisonment for certain repeat sex offenders.

 

CURRENT VERSION OF TEXT

     As reported by the Senate Law and Public Safety Committee on October 19, 2015, with amendments.

 

An Act concerning criminal sentencing and amending N.J.S.2C:14-6.

 

     Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

      1.  N.J.S.2C:14-6 is amended to read as follows:

      ¹a.¹  If a person is convicted of a second or subsequent offense under sections ¹[2C:14-2 , 2C:14-3] N.J.S.2C:14-2, N.J.S.2C:14-3¹, or [2C:14-3a.] subsection b. of ¹[2C:14-4] N.J.S.2C:14-4¹, the sentence imposed under those sections for the second or subsequent offense shall, unless the person is sentenced pursuant to the provisions of ¹[2C:43-7] N.J.S.2C:43-7¹ , include a fixed minimum sentence of not less than [5 years] ¹85 percent of¹ the maximum term of imprisonment applicable to the degree of the offense pursuant to subsection a. of N.J.S.2C:43-6 during which the defendant shall not be eligible for parole. ¹[The] Except as otherwise provided in subsection b. of this section, the¹ court may not suspend or make any other non-custodial disposition of any person sentenced as a second or subsequent offender pursuant to this section. For the  purpose of this section an offense is considered a second or subsequent offense, if the actor has at any time been convicted under sections ¹[2C:14-2 , 2C:14-3] N.J.S.2C:14-2, N.J.S.2C:14-3¹, or [2C:14-3a.] subsection b. of ¹[2C:14-4] N.J.S.2C:14-4¹ or under any similar statute of the United States, this ¹[state] State¹, or any other state for an offense that is substantially equivalent to sections ¹[2C:14-2, 2C:14-3] N.J.S.2C:14-2, N.J.S.2C:14-3¹, or [2C:14-3a.] subsection b. of ¹[2C:14-4] N.J.S.2C:14-4¹.  In the event of a conflict between this section and any other mandatory minimum sentencing provision, the greater mandatory minimum term of imprisonment shall apply.

      ¹b.  (1)  The court may reduce the term of imprisonment required by subsection a. of this section if the defendant pleads guilty to a negotiated agreement that the court finds is in the best interest of the victim, in which event the court shall not impose a lesser term than the term expressly provided for under the terms of the agreement. Absent an agreement, the court may impose a term less than the maximum term of imprisonment upon a finding that imposition of the maximum term would be a serious injustice that overrides the need to deter the defendant and others from that conduct, provided if the court makes that finding, the court shall impose the greatest term of imprisonment that does not constitute a serious injustice. The court shall state with specificity its reasons for imposing a term less than the maximum term of imprisonment.

      (2)  If, in the absence of a negotiated agreement, the court imposes a term less than the maximum term of imprisonment, the sentence shall not become final for 10 days in order to permit the appeal of that sentence by the prosecution.

      c.  The Attorney General shall develop guidelines to ensure that the prosecution and plea negotiation of second or subsequent sex offenses subject to sentencing under this section are conducted in a uniform manner throughout the State.¹

(cf: N.J.S.2C:14-6)

 

     2.  This act shall take effect immediately.