Bill > A3502

Introduced Session

This bill establishes a rebuttable presumption of pretrial detention for the crimes of car theft, carjacking, and burglary. The bill provides that if, upon motion by the prosecutor, the court finds probable cause a defendant committed: (1) theft of a motor vehicle or burglary in furtherance of car theft and the defendant has a prior conviction within the preceding 12 months or prior pending charges for any of those crimes; or (2) carjacking, there would be a rebuttable presumption that the person be detained pending trial. Under current law, the rebuttable presumption applies when the court finds probable cause that the defendant committed murder or any crime for which the defendant would be subject to an ordinary or extended term of life imprisonment. The bill would expand the rebuttable presumption of pretrial detention to car theft, carjackings, and burglary. Finally, the bill requires, after the one-year expiration of the bill, that the Administrative Office of the Courts (AOC) report to the Legislature and the Governor on the number of individuals detained under the presumption of pretrial detention after an individual commits the crime of car theft, carjacking, or burglary, the rehabilitation of offenders, and other related objectives of pretrial detention.

AI Summary

Committee Categories

Michele Matsikoudis (R)*,  Shanique Speight (D)*, 

Introduced, Referred to Assembly Judiciary Committee (on 02/05/2024)

Official Document