Bill > A4920

Introduced Session

This bill requires the public safety assessment (PSA) risk factors to consider certain firearms offenses as violent offenses. Under current law, as part of the Criminal Justice Reform Law, P.L.2014, c.31, a person arrested for a crime must undergo a PSA conducted by the Judiciary's Pretrial Services Program to determine whether the person is eligible for pretrial release. The current PSA instrument was developed by the non-profit Laura and John Arnold Foundation, in cooperation with and approved by the Judiciary. The PSA is based in part on an analysis of the person's criminal history and court appearance history. In keeping with the goals of criminal justice reform and the elimination of cash bail, the PSA is designed to assess the risk of failure to appear in court when required, and the danger to the community while on pretrial release. Greater weight in deciding against pretrial release is assigned to prior convictions for violent crimes. However, according to a September 2024 report by the State Bureau of Investigation (SBI), entitled "Illegal Firearms: Use and Trends in New Jersey," the current PSA instrument is deficient in accurately reflecting the dangerousness of firearms. Notably, the PSA's list of crimes deemed to be violent offenses does not include a number of firearms-related crimes. Under the PSA, an offense is not categorized as violent when the crime involves recklessness or negligence, even when it involves a firearm, unless it is charged at the level of manslaughter or homicide. In addition, under the PSA, an offense involving threats, intimidation, harassment, and similar behavior is not categorized as violent, with the exception of stalking, even when those offenses involve a firearm. Finally, the PSA categorically excludes all municipal ordinance violations from its criminal history calculation, even though dozens of municipalities prohibit the public discharging of a firearm. Under the bill, the PSA would be required to deem the following as a violent offense: any crime, disorderly persons offense, petty disorderly persons offense, or municipal ordinance violation committed or attempted while in possession of an unlawful firearm or unlawfully in possession of a firearm; or committed or attempted through the threatened use of a firearm whether or not in possession of an actual firearm; or committed or attempted where a firearm was discharged; or committed or attempted involving the unlawful manufacture, sale, transfer, transport, possession, or use of a firearm or firearm parts. This bill implements Recommendation 5 from the SBI's September 2024 report.

AI Summary

Committee Categories

Michele Matsikoudis (R)*,  Nancy Muñoz (R)*, 

Introduced, Referred to Assembly Budget Committee (on 10/21/2024)

Official Document