Bill > S4290

Introduced Session

This bill establishes a rebuttable presumption that a defendant subject to a mandatory prison term for a firearm-related crime pursuant to the "Graves Act" is to be detained prior to trial. P.L.1981, c.31, also known as the "Graves Act," sets forth mandatory minimum terms of imprisonment for individuals convicted of certain crimes involving the use or possession of a firearm. Under P.L.2014, c.31, also known as the "Criminal Justice Reform Law," criminal courts are authorized to order the pretrial release of a defendant pending further proceedings, or order pretrial detention of a defendant who is found to be a flight risk, a danger to another or the community, or likely to obstruct further criminal proceedings. Currently, there is a rebuttable presumption that a defendant who is charged with murder or a crime that subjects the defendant to an ordinary or extended term of life imprisonment is to be detained pending trial. This rebuttable presumption applies when a prosecutor makes a motion for the pretrial detention, and may be rebutted upon a showing of proof, by a preponderance of the evidence, in favor of the defendant. If the presumption is not rebutted, the court may order pretrial detention of the defendant. If the presumption is rebutted, the prosecutor still has the opportunity to establish grounds for pretrial detention. This bill provides that the rebuttable presumption of pretrial detention also applies to defendants charged with a firearm-related crime under the "Graves Act." Under the "Graves Act," a court is required to sentence a person who unlawfully possesses a firearm or commits certain serious crimes while in possession of a firearm to a mandatory term of incarceration. The mandatory term of incarceration is one-third to one-half of the sentence imposed, or three years, whichever is greater.

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Joe Cryan (D)*, 

Introduced in the Senate, Referred to Senate Law and Public Safety Committee (on 12/20/2021)