Bill > A2739

Introduced Session

This bill requires that a person convicted of a second or subsequent sex offense be sentenced to an increased mandatory minimum term. The provisions of the bill require that any person who is convicted of any second or subsequent crime of sexual assault, criminal sexual contact, or lewdness involving a minor be sentenced to not less than 85 percent of the maximum ordinary sentence applicable to the degree of the crime without eligibility for parole. The bill permits the court to impose a reduced term of imprisonment of less than 85 percent of the term if the defendant pleads guilty to a negotiated agreement, or plea bargain, that the court finds is in the best interest of the victim, in which case the court may impose a term that is no less than the term set forth in the agreement. In the absence of an agreement, the court may impose a term that is less than the maximum term if the court finds that serious injustice would result which overrides the need to deter the defendant and others, in which case the court is required to impose the greatest term that would not constitute a serious injustice. The court is required to state with specificity its reasons for imposing any term that is less than the maximum term of imprisonment. Under the bill, if the court imposes a sentence that is less than the maximum term of imprisonment, the sentence would not become final for a period of 10 days in order to permit the prosecution to appeal the sentence. The bill further provides that the Attorney General is to develop guidelines to ensure that the prosecution and plea negotiation of second or subsequent sex offenses subject to sentencing under the bill are conducted in a uniform manner throughout the State. Under current law, a person who is convicted of a second or subsequent crime of sexual assault or aggravated criminal sexual contact is subject to a mandatory minimum term of five years. Under the bill, the following mandatory minimum terms of imprisonment would be imposed in second or subsequent convictions of the following crimes: ? 85 percent of 20 years for aggravated sexual assault under subsection a. of N.J.S.2C:14-2 (a crime of the first degree);? 85 percent of 10 years for sexual assault under subsections b. or c. of N.J.S.2C:14-2 (a crime of the second degree); ? 85 percent of five years for aggravated criminal sexual contact under subsection a. of N.J.S.2C:14-3 (a crime of the third degree); ? 85 percent of 18 months for criminal sexual contact under subsection b. of N.J.S.2C:14-3 (a crime of the fourth degree); and ? 85 percent of 18 months for lewdness under subsection b. of N.J.S.2C:14-4 (a crime of the fourth degree). The bill specifies that in the event of a conflict between a provision of the bill and another mandatory minimum sentencing provision, the greater mandatory minimum sentence will be imposed.

Committee Categories

Brian Bergen (R)*, 

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

Official Document