Bill Text: NJ SCR107 | 2012-2013 | Regular Session | Introduced
Bill Title: Proposes constitutional amendment to provide that release on bail may be denied to certain offenders.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2012-06-07 - Concurrent Resolution Placed on [SCR107 Detail]
Download: New_Jersey-2012-SCR107-Introduced.html
Sponsored by:
Senator DONALD NORCROSS
District 5 (Camden and Gloucester)
Senator KEVIN J. O'TOOLE
District 40 (Bergen, Essex, Morris and Passaic)
Senator RICHARD J. CODEY
District 27 (Essex and Morris)
SYNOPSIS
Proposes constitutional amendment to provide that release on bail may be denied to certain offenders.
CURRENT VERSION OF TEXT
As introduced.
A Concurrent Resolution proposing an amendment to Article I, paragraph 11 of the Constitution of the State of New Jersey.
Be It Resolved by the Senate of the State of New Jersey (the General Assembly concurring):
1. The following proposed amendment to the Constitution of the State of New Jersey is agreed to:
PROPOSED AMENDMENT
Amend Article I, paragraph 11 to read as follows:
11. No person shall, after acquittal, be tried for the same offense. All persons shall, before conviction, be bailable by sufficient sureties, except [for capital offenses when the proof is evident or presumption great] that pretrial release may be denied if the court finds that no amount of sureties, non-monetary conditions of pretrial release or combination of sureties and conditions would assure the defendant's appearance as required, or protect the safety of any person or of the community, or would prevent the defendant from obstructing or attempting to obstruct the criminal justice process. It shall be lawful for the Legislature to establish by law procedures, terms and conditions applicable to pretrial release and the denial thereof authorized under this provision.
(cf: Article I, paragraph 11)
2. When this proposed amendment to the Constitution is finally agreed to pursuant to Article IX, paragraph 1 of the Constitution, it shall be submitted to the people at the next general election occurring more than three months after the final agreement and shall be published at least once in at least one newspaper of each county designated by the President of the Senate, the Speaker of the General Assembly and the Secretary of State, not less than three months prior to the general election.
3. This proposed amendment to the Constitution shall be submitted to the people at that election in the following manner and form:
There shall be printed on each official ballot to be used at the general election, the following:
a. In every municipality in which voting machines are not used, a legend which shall immediately precede the question as follows:
If you favor the proposition printed below make a cross (X), plus (+), or check (a) in the square opposite the word "Yes." If you are opposed thereto make a cross (X), plus (+) or check (a) in the square opposite the word "No."
b. In every municipality the following question:
|
|
|
CONSTITUTIONAL AMENDMENT TO ALLOW A COURT TO DETERMINE WHETHER A CRIMINAL DEFENDANT SHOULD BE HELD WITHOUT BAIL PRIOR TO TRIAL
|
|
|
YES |
Do you approve amending the Constitution to allow a court to determine whether a defendant charged with a crime should be held without bail prior to trial? This change allows a court to determine whether a defendant charged with a crime should be held without bail prior to trial. A court would consider whether denying a defendant's release on bail is necessary to protect the community's safety, or the safety of a specific person, or to prevent the defendant from obstructing or attempting to obstruct the criminal justice process. A court would also consider whether denying a defendant's release on bail is necessary to assure that the defendant appears for a trial.
|
|
|
|
INTERPRETIVE STATEMENT
|
|
|
NO
|
Currently, the Constitution makes all persons eligible for bail before conviction except persons charged with capital crimes which are punishable by death. Since New Jersey no longer has a death penalty, all persons are eligible for bail. If approved, this constitutional amendment would allow a court to determine whether a defendant charged with a crime should be held without bail prior to trial. A court would consider whether denying a defendant's release on bail is necessary to protect the community's safety or the safety of a specific person, or to prevent the defendant from obstructing or attempting to obstruct the criminal justice process. A court would also consider whether denying a defendant's release on bail is necessary to assure that the defendant appears for a trial. A "yes" vote would amend the Constitution to allow a court to decide whether a defendant charged with a crime should be held without bail prior to trial. This change would make New Jersey's bail system similar to the Federal government's system of determining bail. A "no" vote would leave the Constitution unchanged. All defendants would still be eligible for bail before conviction. |
|
|
|
|
STATEMENT
This concurrent resolution proposes an amendment to the New Jersey Constitution that would enhance the safety of the public, the integrity of the criminal justice process, and reduce reliance on monetary bail, by modifying the constitutional right to bail. Currently, the Constitution makes all persons eligible for bail before conviction, except certain persons charged with capital crimes which are punishable by death. Since New Jersey no longer has a death penalty, all persons are eligible for bail.
This amendment authorizes courts to deny pretrial release of certain offenders. In order to deny pretrial release, a court would be required to find that no amount of bail, pretrial release conditions, or combination of bail and conditions would assure the defendant's appearance for trial. A court could also deny pretrial release to protect the safety of any person or the community, or to prevent the defendant from obstructing or attempting to obstruct the criminal justice process. The amendment further authorizes the Legislature to enact laws establishing procedures, terms, and conditions applicable to releasing defendants prior to trial and denial of pretrial release.
