Bill > A3097

Introduced Session

This bill establishes a presumption of pretrial detention for a person who commits reckless vehicular homicide or strict liability vehicular homicide. A person is guilty of strict liability vehicular homicide, a crime of the third degree, if the person commits vehicular homicide by driving while intoxicated. A person commits second degree reckless vehicular homicide if the person was operating an auto recklessly while under the influence in violation of N.J.S.A.39:4-50. Reckless vehicular homicide is a first degree crime if the defendant was operating the auto in violation of N.J.S.A.39:4-50 while on school property, within 1,000 feet of school property, or driving through a school crossing under certain circumstances. Under current law, there is a rebuttable presumption that a defendant who is charged with murder or a crime that subjects the defendant to an ordinary or extended term of life imprisonment is to be detained pending trial. The rebuttable presumption applies when a prosecutor makes a motion for pretrial detention, and may be rebutted upon a showing of proof, by a preponderance of the evidence, in favor of the defendant. This bill provides that the rebuttable presumption of pretrial detention also applies to defendants charged with reckless vehicular homicide and strict liability vehicular homicide as established pursuant to N.J.S.A.2C:11-5 and N.J.S.A.2C:11-5.3. A defendant charged pursuant to N.J.S.A.2C:11-5 or N.J.S.A.2C:11-5.3 would be subject to forfeiture of the auto or vessel which was used in the commission of the offense, unless the defendant establishes at a hearing, which may occur at the time of sentencing, by a preponderance of the evidence that such forfeiture would constitute a serious hardship to the family of the defendant that outweighs the need to deter such conduct by the defendant and others. Finally, the bill also permits a court, if deciding against the pretrial detention of a defendant for a violation of the reckless driving or strict liability vehicular homicide provisions, to order the suspension or revocation of the defendant's license.

AI Summary

Committee Categories

Don Guardian (R)*,  William Sampson (D)*,  Julio Marenco (D),  Michele Matsikoudis (R),  Barbara McCann Stamato (D),  Erik Peterson (R),  Gabriel Rodriguez (D),  Claire Swift (R), 

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

Official Document