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Bill > A4740


NJ A4740

NJ A4740
Establishes new mitigating factor for defendant who is survivor of abuse.


summary

Introduced
09/12/2024
In Committee
09/12/2024
Crossed Over
Passed
Dead
01/12/2026

Introduced Session

2024-2025 Regular Session

Bill Summary

This bill establishes a new mitigating factor that the court may consider when sentencing certain defendants who are survivors of abuse. The bill incorporates the recommendation in Part B of the New Jersey Criminal Sentencing and Disposition Commission's third report, dated March 2023, to create a new mitigating factor for survivors of abuse. Under current law, N.J.S.2C:44-1 enumerates 14 mitigating factors that a court may consider in determining the appropriate sentence to impose on a criminal defendant. These mitigating factors do not include consideration of whether the defendant suffered from physical, sexual, or psychological abuse. The bill amends the current law to establish an additional mitigating factor that a court may consider in determining the appropriate sentence to impose on a defendant who has been convicted of a crime. Specifically, under the bill, the court may also consider whether the defendant suffered physical, sexual, or emotional abuse and that such abuse was a contributing factor to the defendant's criminal behavior.

AI Summary

This bill establishes a new mitigating factor that the court may consider when sentencing certain defendants who are survivors of abuse. Specifically, the court may consider whether the defendant suffered physical, sexual, or emotional abuse, and if that abuse was a contributing factor to the defendant's criminal behavior. This amendment to the existing law on sentencing criteria aims to provide additional consideration for defendants who have experienced abuse.

Committee Categories

Justice

Sponsors (5)

Last Action

Introduced, Referred to Assembly Judiciary Committee (on 09/12/2024)

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