Bill > A1577

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. 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. A crime of the third degree is 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.

AI Summary

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Vicky Flynn (R)*, 

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

Official Document