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Bill > S1277


NJ S1277

NJ S1277
Establishes rebuttable presumption that homicide occurred in this State if body of homicide victim was found in this State.


summary

Introduced
01/13/2026
In Committee
01/13/2026
Crossed Over
Passed
Dead

Introduced Session

2026-2027 Regular Session

Bill Summary

This bill establishes a rebuttable presumption that a homicide occurred in this State if the body of the homicide victim is found in this State. Current law provides that if the body of a homicide victim is found in New Jersey, "it may be inferred" that the homicide occurred in New Jersey. Thus, current law sets out a permissive inference in determining which state has jurisdiction to prosecute the homicide. In a criminal case, an "inference" is a deduction or conclusion which may lead the jury to draw from facts that have been established by the evidence. By contrast, a "rebuttable presumption" provides that if a jury finds a basic fact (for example, that a homicide victim's body was found in the State), that finding must give rise to the existence of a presumed fact (i.e., that the homicide occurred in this State), unless the presumption is rebutted with other evidence.

AI Summary

This bill amends existing law to establish a "rebuttable presumption" that a homicide occurred in this State if the body of the victim is found within its borders. Currently, the law allows for an "inference," meaning a jury may choose to conclude that a homicide happened in New Jersey if the body is found there, but it's not a mandatory conclusion. A "rebuttable presumption," however, means that if a jury accepts the basic fact that the body was found in the State, they must then presume the homicide occurred there unless the defense presents evidence to disprove it. This change shifts the legal standard from a permissive inference to a stronger presumption, impacting where a homicide case can be prosecuted.

Committee Categories

Justice

Sponsors (1)

Last Action

Introduced in the Senate, Referred to Senate Judiciary Committee (on 01/13/2026)

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