Bill > SCR68

Introduced Session

This constitutional amendment would restore the death penalty, which was abolished in 2007 by the enactment of P.L.2007, c.204. The amendment provides that the Legislature shall by law provide for the imposition of the death penalty on persons convicted of certain murders. The law would heighten the burden of proof as a safeguard against the possibility that an innocent person might receive the death penalty. Under the law, a person would be sentenced to death only if the jury or, if there is no jury, the court, finds with no doubt that all of the aggravating factors of the case outweigh all of the mitigating factors. Aggravating and mitigating factors are relevant circumstances concerning the murder and the defendant's character and history. The law would also provide that if any juror or the court has a residual or lingering doubt the defendant shall not be sentenced to death. Under the prior death penalty statute, a defendant could be sentenced to death upon the lesser finding of "beyond a reasonable doubt." The amendment also establishes deadlines to shorten the time period for death penalty appeals. Under the amendment, in all cases in which a sentence of death is imposed the appeal to the New Jersey Supreme Court and any proportionality review shall be decided and an opinion reaching the merits filed within 150 days of the certification of the entire record by the sentencing court. A proportionality review is a review to determine whether a defendant's death sentence is disproportionate to the sentences of other defendants convicted of factually similar crimes. The amendment also provides that in all cases in which a sentence of death is imposed and the New Jersey Supreme Court affirms the defendant's conviction and sentence, no application for post-conviction relief may be filed in the courts of this State after one year from the date of the denial of certiorari or other final action by the United States Supreme Court in respect of defendant's direct appeal. However, the amendment would not prohibit a defendant from applying for a new trial on the grounds that he is innocent of the crime for which he was convicted. The amendment also includes a provision stating that a failure to comply with the time requirements shall not be grounds for precluding the ultimate imposition of the death penalty. If approved, the amendment would apply only to persons convicted and sentenced for crimes committed on or after noon on the first day of January next following approval of the amendment by the voters. The sponsor is naming the proposed amendment the "Respect for the Majority of New Jersey Voters Amendment" in recognition of the fact that opinion polls at the time of the abolition of the death penalty showed that the majority of New Jersey voters supported the death penalty and opposed its abolition. According to a December 2007 Quinnipiac University poll, 78% of New Jersey voters supported keeping the death penalty for "the most violent cases."

Committee Categories

Parker Space (R)*, 

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

Official Document