Bill > A1260

Introduced Session

P.L.2007, c.204, enacted on December 17, 2007, repealed the death penalty in this State and replaced it with life without parole. This bill would restore the death penalty for persons convicted of certain murders. Under the bill, a person who committed the homicidal act by his own conduct, or, as an accomplice procured the commission of the offense by payment or promise of payment of anything of pecuniary value, could be sentenced to death if: (1) the victim was a law enforcement officer or correction officer and was murdered while performing his official duties or was murdered because of his status as a law enforcement officer or correction officer; (2) the victim was less than 18 years old; or (3) the murder occurred during the commission of the crime of terrorism. Under the bill, as under prior law, a defendant found guilty of capital murder could be sentenced to death only after a second proceeding concerning sentencing. During the sentencing proceeding, the jury or the court would weigh the aggravating factors of the case against the mitigating factors in order to determine whether the defendant would receive a sentence of death. The aggravating factors would consist of the following: (a) The defendant has been convicted, at any time, of another murder; (b) In the commission of the murder, the defendant purposely or knowingly created a grave risk of death to another person in addition to the victim; (c) The murder was outrageously or wantonly vile, horrible or inhuman in that it involved torture, depravity of mind, or an aggravated assault to the victim; (d) The defendant committed the murder as consideration for the receipt, or in expectation of the receipt of anything of pecuniary value; (e) The defendant procured the commission of the murder by payment or promise of payment of anything of pecuniary value; (f) The murder was committed for the purpose of escaping detection, apprehension, trial, punishment or confinement for another offense committed by the defendant or another; (g) The murder was committed while the defendant was engaged in the commission of, or an attempt to commit, or flight after committing or attempting to commit murder, robbery, sexual assault, arson, burglary, kidnapping, carjacking or the crime of contempt in violation of the N.J.S.A.2C:29-9 b. (concerning domestic violence); (h) The defendant murdered a public servant while the victim was engaged in the performance of his official duties, or because of the victim's status as a public servant; (i) The defendant: (i) as a leader of a narcotics trafficking network and in furtherance of a conspiracy committed, commanded or by threat or promise solicited the commission of the murder or (ii) committed the murder at the direction of a leader of a narcotics trafficking network in furtherance of a conspiracy; (j) The homicidal act that the defendant committed or procured was in violation of paragraph (1) of subsection a. of N.J.S.2C:17-2 (causing widespread injury or damage); (k) The victim was less than 14 years old; or (l) The murder was committed during the commission of, or an attempt to commit, or flight after committing or attempting to commit, terrorism. As under prior law, the mitigating factors would consist of the following: (a) The defendant was under the influence of extreme mental or emotional disturbance insufficient to constitute a defense to prosecution; (b) The victim solicited, participated in or consented to the conduct which resulted in his death; (c) The age of the defendant at the time of the murder; (d) The defendant's capacity to appreciate the wrongfulness of his conduct or to conform his conduct to the requirements of the law was significantly impaired as the result of mental disease or defect or intoxication, but not to a degree sufficient to constitute a defense to prosecution; (e) The defendant was under unusual and substantial duress insufficient to constitute a defense to prosecution; (f) The defendant has no significant history of prior criminal activity; (g) The defendant rendered substantial assistance to the State in the prosecution of another person for the crime of murder; or (h) Any other factor which is relevant to the defendant's character or record or to the circumstances of the offense.

AI Summary

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Alex Sauickie (R)*, 

Introduced, Referred to Assembly Judiciary Committee (on 01/09/2024)

Official Document