Bill > S1024

Introduced Session

This bill establishes a rebuttable presumption of pretrial detention and increases penalties for motor vehicle theft offenses; authorizes the issuance of an order of home detention for minors adjudicated delinquent for motor vehicle theft offenses; and makes any crime of theft of a motor vehicle or receiving a stolen motor vehicle a crime of the second degree. In addition, the bill establishes in the Juvenile Justice Commission (JJC) a two-year pilot program titled the "Grants for Underage Auto-Theft Risk Deterrence Pilot Program," (GUARD) and appropriates $7 million to fund the pilot program. Changes to the Criminal Justice Reform Law Under P.L.2014, c.31, also known as the "Criminal Justice Reform Law," (CJR) courts are authorized to order the pretrial release of a defendant pending further proceedings, or order the 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. For certain crimes, the CJR establishes a rebuttable presumption that a defendant is to be detained pending trial because no amount of monetary bail, non-monetary conditions of release, or combination thereof would reasonably assure the safety of any other person or the community. This presumption may be rebutted by the defendant upon a showing of a preponderance of the evidence. This rebuttable presumption applies under current law when a prosecutor files a motion for the pretrial detention of a defendant charged with murder or any crime for which the defendant would be subject to an ordinary or extended term of life imprisonment. Under the bill, the rebuttable presumption also would apply when a prosecutor files a motion for pretrial detention of a defendant charged with theft of a motor vehicle, receiving a stolen motor vehicle, or the unlawful taking of a motor vehicle. Under current law theft of a motor vehicle is a crime of the third degree unless the value of the vehicle is $75,000 or more, or the theft involved more than one motor vehicle, in which case it is a crime of the second degree. The act of receiving a stolen motor vehicle under current law also is a crime of the third degree, unless the value of the vehicle is $75,000 or more. The bill makes any crime of theft of a motor vehicle or receiving a stolen motor vehicle a crime of the second degree. A crime of the third degree is punishable by three to five years imprisonment, a fine of up to $15,000, or both. A crime of the second degree is punishable by five to 10 years imprisonment, a fine of up to $150,000, or both. Additional Penalties for Motor Vehicle Theft Offenses The provisions of the bill also provide that, in addition to any other disposition authorized by law, a person convicted of theft of a motor vehicle, receiving a stolen motor vehicle, or the unlawful taking of a motor vehicle is to be subject to a penalty and may be ordered to a period of license suspension or revocation. For the first offense, the person is subject to a penalty of $500, and the court may suspend, revoke, or postpone the person's driving privileges for a up to one year; for a second offense, the defendant is subject to a penalty of $750, and the court may suspend, revoke, or postpone the person's driving privileges for up to exceed two years; and for a third or subsequent offense, the defendant is subject to a penalty of $1,000, and the court may suspend, revoke, or postpone the person's driving privileges for up to 10 years. The provisions of the bill authorize a court to order the home detention of a minor who is convicted of theft of a motor vehicle, receiving a stolen motor vehicle, or the unlawful taking of a motor vehicle. A minor sentenced to home detention under the bill may leave the residence to: attend in-person court appearances; attend in-person probation appointments; attend in-person attorney appointments after providing proper notice; or for any other reason authorized pursuant to a court order. The bill requires courts to hear the case of a minor within 48 hours of an arrest for theft of a motor vehicle theft, receiving a stolen motor vehicle, or the unlawful taking of a motor vehicle. Grants for Underage Auto-Theft Risk Deterrence Pilot Program (GUARD) This bill establishes in the Juvenile Justice Commission (JJC) a two-year pilot program titled the "Grants for Underage Auto-Theft Risk Deterrence Pilot Program," (GUARD) and appropriates $7 million to fund the pilot program. The purpose of the pilot program is to reduce the incidence of motor vehicle thefts in this State by providing services to juveniles intended to prevent them from engaging or re-engaging with the criminal justice system. Services are to be provided by pilot program service providers awarded grant monies pursuant to the pilot program. The services to be provided by a pilot program service provider under the bill are to include, but not be limited to:· Mental health services; · Substance use disorder treatment and recovery; · Education support; · Employment services; · Housing support; · Financial literacy and debt support services; · Life skills support services; · Social support services; and· Preventative mentoring services. Under the bill, the JJC is responsible for administering the pilot program, and is required to· Set standards and determine eligibility for pilot program grant funding;· Establish criteria and procedures for grant applications and disbursement;· Determine how best to allocate pilot program grant funds;· Set standards and procedures for grant award eligibility, and program operation, supervision, and evaluation;· Award grants;· Collect and provide information about community-based services to be implemented by pilot program service providers; · Establish suggested training standards for pilot program service providers in accordance with the provisions of this section; and· Monitor and evaluate implementation and effectiveness of the provision of services pursuant to the pilot program, particularly with regard to the impact of the program on the reduction of motor vehicle thefts in the State. The provisions of the bill also establish a non-exhaustive list of services that pilot program service providers may provide. The bill establishes within the General Fund a separate, temporary dedicated fund to be known as the "Grants for Underage Auto-Theft Risk Deterrence Pilot Program Fund" to be administered and the monies in the fund distributed by the JJC. From the monies appropriated under the category of juvenile grants-in-aid for the Department of Law and Public Safety in State fiscal year 2024 and State fiscal year 2025, $3,500,000 in each fiscal year is to be credited to the fund for a total of $7,000,000. These monies, and any interest or other income earned are only to be used for purposes associated with the pilot program. The fund is to be used to provide grants to pilot program service providers selected by the JJC through a competitive process established by the commission. Grant monies may only be awarded to a service provider located in a county having a population of not less than 300,000. No more than eight percent of the monies in the fund are to be used by either the JJC pilot program service providers for administrative purposes. The pilot program established under the bill will operate for a period of two years, exclusive of the time required to implement the grant application and award process, and to initiate the pilot program. The JJC is required to submit a report to the Governor and the Legislature at the conclusion of the two-year pilot program. The report is required to contain information on the development and implementation of the pilot program, the effectiveness of the program in reducing the incidence of motor vehicle thefts in the State and preventing juveniles from engaging or re-engaging with the criminal justice system, and the feasibility of expanding the program to other counties in the State. The report is also required to connect juveniles participating in the pilot program to licensed outpatient mental health care facilities and professionals, and services to address physical health, mental health and substance use disorders.

AI Summary

Committee Categories

Jon Bramnick (R)*,  Kristin Corrado (R), 

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

Official Document