Bill > A4885

Introduced Session

This bill increases the penalties and establishes a presumption of pretrial detention for persons who commit carjacking and theft by deception of a motor vehicle under certain circumstances. The bill increases penalties for carjacking by permitting the court to impose a $10,000 fine, in addition to the cost of the motor vehicle upon a defendant found guilty of carjacking provided the vehicle was not recovered and the value of the vehicle and its contents at the time of the crime exceeds $5,000. The bill also increases penalties for an individual who commits theft of a motor vehicle by deception against a minor. If theft by deception of a motor vehicle is committed against a minor, the individual also will be subject to the fine and term of imprisonment established for committing child endangerment. Under current law, 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. The bill provides that if, upon motion by the prosecutor, the court finds probable cause that a defendant committed carjacking or theft of a motor vehicle by deception against a minor, there would be a rebuttable presumption that the person be detained pending trial. This rebuttable presumption applies under current law when the court finds probable cause that the defendant committed murder or any crime for which the defendant would be subject to an ordinary or extended term of life imprisonment.

AI Summary

Committee Categories

Vicky Flynn (R)*,  Gerry Scharfenberger (R)*,  Bob Auth (R), 

Combined with A3666 (ACS) (on 12/05/2022)

Official Document