Bill > S1696

Introduced Session

This bill creates a first degree crime in certain situations related to motor vehicle theft or carjacking. The bill also establishes a presumption that a person who commits this first degree crime is to be detained prior to trial. This bill makes it a first degree crime for an individual to commit theft of a motor vehicle or carjacking and commit subsequent crimes or offenses interdependent of or closely related to the theft or carjacking as part of a sequence of events that took place within a short period of time. A first degree crime is punishable by a term of 10 to 20 years' imprisonment, a $200,000 fine, or both. 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 theft or carjacking of a motor vehicle, and during the course of the theft or carjacking commited subsequent crimes or offenses interdependent of or closely related to the theft or carjacking in a short period of time, there would be a rebuttable presumption that the person be detained pending trial. 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 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.

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Declan O'Scanlon (R)*, 

Introduced in the Senate, Referred to Senate Judiciary Committee (on 01/09/2024)

Official Document