Bill
Bill > S1729
summary
Introduced
In Committee
Crossed Over
Passed
Dead
Introduced Session
2010-2011 Regular Session
Bill Summary
This bill would require that the court, in making bail determinations, consider whether the defendant is a member of a gang. Under the bill, if the court finds a reasonable basis to believe that a defendant is a member of a "criminal street gang" or has committed a crime of "gang criminality" then that court would be required to consider that information in determining the appropriate amount and conditions of bail. Under N.J.S.A.2C:6-1, no person charged with a crime of the fourth degree, a disorderly persons offense or a petty disorderly persons offense can be required to deposit bail in an amount exceeding $2,500.00, unless the court finds that the person presents a serious threat to the physical safety of potential evidence or of persons involved in circumstances surrounding the alleged offense or unless the court finds bail of that amount will not reasonably assure the appearance of the defendant as required. Current law does provide for the court to elect, for good cause shown, to impose a higher bail, but requires the court to place on the record its reasons for imposing bail in an amount exceeding $2,500.00. Under this bill these bail limitations would not apply if the court finds a reasonable basis to believe that a defendant is a member of a "criminal street gang" or has committed a crime of "gang criminality."
AI Summary
This bill requires courts to consider a defendant's alleged membership in a "criminal street gang" or commission of a crime of "gang criminality" when setting bail, meaning that if there's a reasonable belief the defendant is involved in gang-related activity, the usual limits on bail amounts for certain offenses, specifically a $2,500 cap for fourth-degree crimes, disorderly persons offenses, or petty disorderly persons offenses, would not apply. This is a change from current law, which generally limits bail for these offenses unless the defendant poses a threat or is unlikely to appear in court, and requires the judge to explain any higher bail amount. The bill defines "criminal street gang" and "gang criminality" by referencing a specific existing law (P.L.2007, c.341).
Committee Categories
Justice
Sponsors (2)
Last Action
Introduced in the Senate, Referred to Senate Judiciary Committee (on 03/11/2010)
bill text
bill summary
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bill summary
| Document Type | Source Location | Created |
|---|---|---|
| Bill | https://www.njleg.state.nj.us/2010/Bills/S2000/1729_I1.HTM | 05/28/2012 |
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