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Bill > S3963
NJ S3963
NJ S3963Establishes separate criminal offense for threats against certain persons involved in criminal proceedings; requires pretrial detention.
summary
Introduced
12/16/2024
12/16/2024
In Committee
12/16/2024
12/16/2024
Crossed Over
Passed
Dead
01/12/2026
01/12/2026
Introduced Session
2024-2025 Regular Session
Bill Summary
This bill establishes an offense for threats made towards certain persons involved in criminal proceedings, bars plea bargaining concerning the offense, provides that the offense shall be subject to a presumption of pretrial detention, and requires a prosecutor to seek the detention of a defendant pending trial who is charged with the newly created offense or any other offense that is subject to a presumption of pretrial detention under existing law. This bill provides that threatening a prosecutor, law enforcement officer, judge, juror, witness in a criminal proceeding, or family member of any of these persons constitutes a crime of the second degree. A crime of the second degree is ordinarily punishable by a term of imprisonment of five to 10 years, a fine of up to $150,000, or both. Further, a prosecutor cannot decline to charge a defendant with the newly created offense if all elements of the offense may be reasonably asserted by the prosecutor. Moreover, a prosecutor may not offer a negotiated plea agreement to any defendant charged with the offense. An offender who is charged with the offense established by the bill is subject to a presumption of pretrial detention, for which the prosecutor is required to make an application. The prosecutor is additionally required to make an application for the pretrial detention of a defendant charged with murder or any crime in which the defendant would be required to serve an ordinary or extended term of life imprisonment. Finally, the bill specifies that the Office of Victim-Witness Advocacy in the Division of Criminal Justice and each county prosecutor's office coordinate with law enforcement in the municipality where the victim of a threat resides to provide law enforcement protection to the victim until the conclusion of the prosecution of the case.
AI Summary
This bill establishes a new criminal offense for threats made against certain persons involved in criminal proceedings, specifically prosecutors, law enforcement officers, judges, jurors, witnesses, and their family members. The bill requires that when such a threat is made with the purpose of causing imminent fear of death or physical harm, it becomes a second-degree crime. Prosecutors are mandated to charge this offense if all elements can be reasonably proven and are prohibited from offering plea bargains for such charges. The bill also requires prosecutors to seek pretrial detention for defendants charged with this new offense, creating a presumption that the defendant should be held in jail before trial. Additionally, the legislation requires the Office of Victim-Witness Advocacy and county prosecutors to coordinate with local law enforcement to provide protection for victims of such threats until the case concludes. The penalties for this second-degree crime can include five to ten years imprisonment, a fine up to $150,000, or both. The bill defines "family member" broadly to include spouses, parents, children, and other relatives living with the threatened person, and it aims to provide stronger legal protections for individuals involved in the criminal justice system who may be targeted with threats.
Committee Categories
Justice
Sponsors (1)
Last Action
Introduced in the Senate, Referred to Senate Judiciary Committee (on 12/16/2024)
Official Document
bill text
bill summary
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bill summary
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bill summary
| Document Type | Source Location |
|---|---|
| State Bill Page | https://www.njleg.state.nj.us/bill-search/2024/S3963 |
| BillText | https://pub.njleg.gov/Bills/2024/S4000/3963_I1.HTM |
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