Bill > ACR162

This Concurrent Resolution proposes a constitutional amendment to allow for the death penalty in New Jersey under specific circumstances, aiming to restore capital punishment after its elimination in 2007. The amendment would require the Legislature to enact a new law permitting the death penalty for certain murder convictions, with a stricter standard for sentencing: a jury or judge must find, without any doubt, that the aggravating factors of a case outweigh the mitigating factors, and no juror or the court can have any residual doubt about the defendant's guilt or the appropriateness of the death sentence. It also specifies that the death penalty can be imposed on individuals who purposely or knowingly caused death or serious bodily injury resulting in death, either through their own actions or by procuring the offense through payment. Furthermore, the amendment introduces strict time limits for death penalty appeals, requiring the New Jersey Supreme Court to issue an opinion within 150 days of the record's certification and limiting post-conviction relief applications to one year after the U.S. Supreme Court's final action, with an exception for claims of innocence. This proposed amendment would apply to crimes committed after its approval and subsequent enactment by the Legislature.