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Bill > A5573


NJ A5573

NJ A5573
Allows juvenile to be tried as adult for committing homicide against law enforcement officer; designated as "Joseph's Law."


summary

Introduced
05/05/2025
In Committee
05/05/2025
Crossed Over
Passed
Dead

Introduced Session

2024-2025 Regular Session

Bill Summary

This bill revises the juvenile waiver law to allow a juvenile to be tried as an adult for committing criminal homicide against a law enforcement officer. Specifically, the bill allows juveniles to be tried as an adult in cases where there is probable cause to believe that the juvenile committed a delinquent act which if committed by an adult would constitute criminal homicide, other than death by auto, and the victim was a law enforcement officer who was killed while performing the officer's official duties or because of the officer's status as a law enforcement officer Under the bill, the court may deny a motion by the prosecutor to waive jurisdiction of a juvenile delinquency case when the court is clearly convinced that seeking the waiver is an abuse of the prosecutor's discretion. The bill requires the Attorney General to develop for dissemination to the county prosecutors guidelines or directives deemed necessary or appropriate to ensure the uniform application of this section throughout the State.

AI Summary

This bill, known as "Joseph's Law," modifies existing juvenile justice procedures to allow juveniles to be tried as adults specifically in cases involving the murder of a law enforcement officer. The bill creates a new provision that mandates waiving juvenile court jurisdiction and transferring the case to adult criminal court when there is probable cause that a juvenile purposely or knowingly killed a law enforcement officer who was either in uniform, exhibiting official authority, or murdered because of their status as a law enforcement officer. Under the new provisions, the court can still deny the waiver if it determines the prosecutor is abusing their discretion in seeking the transfer. The bill requires the Attorney General to develop guidelines to ensure consistent application of this new rule across the state. The legislation expands existing juvenile waiver laws by creating a specific pathway for adult prosecution when the victim is a law enforcement officer, effectively removing some judicial discretion in these specific homicide cases. The bill aims to provide enhanced legal protection for law enforcement by allowing more serious prosecution of juveniles who commit violent crimes against officers, while still maintaining a limited judicial review of the prosecution's decision to seek an adult trial.

Committee Categories

Justice

Sponsors (1)

Last Action

Introduced, Referred to Assembly Judiciary Committee (on 05/05/2025)

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