Bill > S3616

Introduced Session

This bill establishes a rebuttable presumption that a person charged with theft of a motor vehicle is to be detained prior to trial, and imposes mandatory sentencing for motor vehicle theft under N.J.S.2C:20-2, and unlawful taking of a means of conveyance, or "joyriding," under N.J.S.2C:20-10. Under current law, a person is guilty of theft of a motor vehicle if the person unlawfully takes, or exercises unlawful control over, another person's motor vehicle with the purpose to deprive that person of the motor vehicle. Theft of a motor vehicle is a crime of the third degree ordinarily punishable by up to five years imprisonment, a fine of up to $15,000, or both. 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 this bill, if a court finds probable cause that a defendant was guilty of theft of a motor vehicle, 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. The 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. The bill further imposes mandatory sentencing for motor vehicle theft under N.J.S.2C:20-2, and unlawful taking of a means of conveyance, or "joyriding," under N.J.S.2C:20-10. Under the bill, the term of imprisonment is to include the imposition of a minimum term fixed at, or between, one-third and one-half of the sentence imposed by the court. For a second conviction under either statute, the minimum term is to be fixed at one-half of the sentence imposed by the court, or 30 months for a crime of the third degree, whichever is greater. For a second conviction of a crime of the fourth degree, a minimum term fixed at one half of the sentence imposed by the court or nine months, whichever is greater. For a third or subsequent conviction, the minimum term shall be fixed at five years, for a crime of the third degree, and 18 months for a crime of the fourth degree. Under paragraph (2) of subsection b. of N.J.S.2C:20-2, theft of a motor vehicle is currently graded as a crime of the third degree which is ordinarily punishable by three to five years imprisonment, a fine of up to $10,000 or both. Under N.J.S.2C:20-10 the unlawful taking of a motor vehicle is graded as a crime of the third or the fourth degree depending on the attendant circumstances. Under subsection e. of N.J.S.2C:44-1, theft of a motor vehicle and unlawful taking of a means of conveyance are presently excluded from the presumption of non-imprisonment ordinarily applicable to a crime of the third or fourth degree, meaning there is no presumption either of imprisonment or non-imprisonment. It is the sponsors' view that imposing mandatory sentencing for these crimes is necessary to eliminate the incentive to commit a motor vehicle theft offense with no risk of incarceration.

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Mike Testa (R)*, 

Introduced in the Senate, Referred to Senate Judiciary Committee (on 02/23/2023)

Official Document