Bill > S3001

Introduced Session

This bill requires Pretrial Services to recommend pretrial detention when a defendant has been charged with Graves Act offenses pertaining to firearms and offenses involving untraceable or undetectable firearms, also known as "ghost guns." Under P.L.2014, c.31 (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. Pretrial detention determinations are based on a risk assessment conducted by the Pretrial Services Program, which assesses each eligible defendant detained on a complaint-warrant and makes recommendations to the court as to an appropriate pretrial release decision. Under current law, Pretrial Services is required to recommend no release when a defendant has been charged with certain Graves Act offenses involving the use or possession of a firearm. 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 firearms. The no release recommendation made by Pretrial Services serves as prima facie evidence to overcome the presumption of release if the court finds probable cause that the eligible defendant is charged with certain firearm crimes for which a mandatory term of imprisonment is imposed under the Graves Act. However, some Graves Act offenses involving firearm possession are excluded under current law from this mandatory recommendation. This bill requires Pretrial Services to make a recommendation of no release for all Graves Act offenses. The additional offenses would include: · possession of any destructive device or defaced firearm; · possession of a firearm with an unlawful purpose; · possession of a firearm that is transferred among, between, or within an association of two or more people, known as a "community gun"; · possession of a firearm while committing certain offenses involving a controlled dangerous substance or a crime of bias intimidation; or · unlawful possession of handguns, rifles, or shotguns. In addition, the bill requires Pretrial Services to make a recommendation of no release for firearm offenses involving untraceable or undetectable firearms, also known as "ghost guns." These offenses would include: · purchasing firearm parts to manufacture a firearm without a serial number; · manufacturing a firearm with a three-dimensional printer; · manufacturing a covert or undetectable firearm; or· transporting a manufactured firearm without a serial number.

AI Summary

Committee Categories

Shirley Turner (D)*, 

Introduced in the Senate, Referred to Senate Law and Public Safety Committee (on 09/22/2022)

Official Document