Bill

Bill > S918


NJ S918

NJ S918
Establishes rebuttable presumption of pretrial detention of defendant charged with aggravated assault of law enforcement officer.


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 of pretrial detention of a defendant charged with aggravated assault of a law enforcement officer. 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 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 defendant's appearance in court, the safety of any other person or the community, and that the eligible defendant will not obstruct or attempt to obstruct the criminal justice process. This presumption may be rebutted by the defendant upon a showing of a preponderance of the evidence in support of the defendant. Under current law, the rebuttable presumption of pretrial detention applies 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 aggravated assault of a law enforcement officer.

AI Summary

This bill expands the circumstances under which a defendant charged with aggravated assault of a law enforcement officer can be presumed to be detained before trial, a process governed by the Criminal Justice Reform Law (CJR). Under the CJR, courts can order pretrial release or detention based on factors like flight risk or danger to the community, and for certain serious crimes, there's a "rebuttable presumption" of detention, meaning the defendant must prove by a preponderance of the evidence that release conditions would be sufficient. Currently, this presumption applies to charges of murder or crimes carrying a life sentence; this bill adds aggravated assault of a law enforcement officer to that list, meaning prosecutors can seek pretrial detention for such charges, and the defendant will be presumed detained unless they can overcome this presumption.

Committee Categories

Justice

Sponsors (4)

Last Action

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

bill text


bill summary

Loading...

bill summary

Loading...

bill summary

Loading...