Bill > S3351

Introduced Session

This bill establishes a rebuttable presumption of pretrial detention of a defendant charged with aggravated assault of a law enforcement officer. Under P.L.2014, c.31, also known as the "Criminal Justice Reform Law" (CJR), courts are authorized to order: the pretrial release of a defendant pending further proceedings, or the pretrial detention of a defendant who is found to be a flight risk, a danger to another or the community, or likely to obstruct further criminal proceedings. For certain crimes, the CJR establishes a rebuttable presumption that a defendant is to be detained pending trial because no amount of monetary bail, non-monetary conditions of release, or combination thereof would reasonably assure the defendant's appearance in court, the safety of any other person or the community, and that the eligible defendant will not obstruct or attempt to obstruct the criminal justice process. This presumption may be rebutted by the defendant upon a showing of a preponderance of the evidence in support of the defendant. Under current law, the rebuttable presumption of pretrial detention applies when a prosecutor files 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. Under the bill, the rebuttable presumption also would apply when a prosecutor files a motion for pretrial detention of a defendant charged aggravated assault of a law enforcement officer.

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Brian Stack (D)*,  Mike Testa (R)*,  Kristin Corrado (R),  Owen Henry (R), 

Introduced in the Senate, Referred to Senate Judiciary Committee (on 06/03/2024)

Official Document