Bill > A3916

Introduced Session

This bill establishes a rebuttable presumption that a person charged with theft of a motor vehicle is subject to pretrial detention if, during the course of the theft, the person engaged in conduct that caused death or serious bodily injury to another person or engaged in conduct which created a substantial risk of death or serious bodily injury to another person. 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. Additionally under current law, 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. The bill provides that if, upon motion by the prosecutor, the court finds probable cause a defendant committed theft of a motor vehicle, and during the course of the theft engaged in conduct that caused death or serious bodily injury to another person or engaged in conduct which created a substantial risk of death or serious bodily injury to another person, there would be a rebuttable presumption that the person 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. Under current law, this 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.

AI Summary

Committee Categories

Al Barlas (R)*,  Chris DePhillips (R)*,  Paul Kanitra (R), 

Introduced, Referred to Assembly Judiciary Committee (on 02/27/2024)

Official Document