Bill > S3469

Introduced Session

This bill revises the State's juvenile justice code by expanding the law governing waiver. The current juvenile waiver law requires the prosecutor to file a motion with the Family Part of the Chancery Division of the Superior Court. If a juvenile is 15 years of age or older and certain conditions are met, the Family Part must waive jurisdiction over the juvenile's case and refer the case to the appropriate adult court and prosecuting authority. Currently, a prosecutor does not have the authority to waive jurisdiction over a case involving a violation of subsection b. of N.J.S.2C:29-2, resisting or eluding arrest while operating a motor vehicle or vessel. Under this bill, a prosecutor would have the authority to motion for a waiver of jurisdiction to include a crime committed under subsection b. of N.J.S.2C:29-2. Once a waiver of jurisdiction is obtained, the case will proceed as if it originated in adult criminal court where the juvenile will be subject to the sentencing provisions available to that court. Under N.J.S.2C:29-2, it is a crime of the third degree to knowingly flee or attempt to elude a police officer or a law enforcement officer while operating a motor vehicle or vessel. A crime of the third degree is punishable by three to five years imprisonment, a fine of up to $15,000, or both. However, there is a presumption that, upon conviction, the juvenile will serve any custodial sentence imposed in a State juvenile facility operated by the Juvenile Justice Commission.

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Declan O'Scanlon (R)*, 

Introduced in the Senate, Referred to Senate Judiciary Committee (on 01/12/2023)

Official Document