Bill > S1432

Introduced Session

This bill establishes a rebuttable presumption that a person charged with possession of a firearm during the commission of a crime or as a person prohibited from owning or possessing a firearm in violation of section 6 of P.L.1979, c.179 (C.2C:39-7) is to be detained prior to trial. 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 defendants who are found to be a flight risk, a danger to another or the community, or likely to obstruct further criminal proceedings. Under section 6 of P.L.1979, c.179 (C.2C:39-7), persons convicted of certain serious crimes are prohibited from owning or possessing a firearm. A violation of this statute constitutes a crime of the second degree, which is punishable by a term of imprisonment of five to 10 years, a fine of up to $150,000, or both. Under this bill, if a court finds probable cause that a defendant possessed a firearm during the commission of a crime or was a person prohibited from owning or possessing a firearm there would be a rebuttable presumption that the person is to be detained pending trial because no amount of monetary bail, non-monetary conditions of release, or combination thereof would reasonably assure the safety of any other person or the community. This presumption may be rebutted by the defendant upon a showing of a preponderance of the evidence in support of the defendant. This rebuttable presumption applies under current law when a prosecutor makes a motion for the pretrial detention of a defendant charged with murder or any crime for which the defendant would be subject to an ordinary or extended term of life imprisonment.

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Brian Stack (D)*,  Shirley Turner (D)*, 

Introduced in the Senate, Referred to Senate Judiciary Committee (on 02/10/2022)

Official Document