Bill > A5837

Introduced Session

This bill eliminates the presumption of pretrial release for certain defendants who are charged with the crime of home invasion or burglary. Specifically, the presumption of pretrial release would not apply to a defendant who was previously convicted, on one or more prior and separate occasions, of home invasion or burglary of a residence. Under P.L.2014, c.31, also known as the Criminal Justice Reform Law, criminal courts are authorized to order: the pretrial release of a defendant pending further proceedings; or the order 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. Currently, the Criminal Justice Reform Law establishes a presumption for some form of pretrial release, except with respect to an eligible defendant charged with: murder; a crime for which the eligible defendant would be subject to an ordinary or extended term of life imprisonment; the theft of or unlawful taking of a motor vehicle; receiving stolen property where the property involved is a motor vehicle; or a crime under any statute of the United States, this State, or any other state that is substantially equivalent. Under the bill, the presumption of pretrial release also would not apply to an eligible defendant charged with home invasion or burglary of a residence if the defendant was previously convicted of these crimes on one or more prior and separate occasions.

AI Summary

Committee Categories

Al Barlas (R)*,  Michele Matsikoudis (R)*,  Nancy Muñoz (R)*,  Dawn Fantasia (R), 

Introduced, Referred to Assembly Judiciary Committee (on 06/16/2025)

Official Document