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Bill > A3832


NJ A3832

NJ A3832
Establishes new mitigating factor for defendant who is survivor of abuse.


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 new mitigating factor that the court may consider when sentencing certain defendants who are survivors of abuse. The bill incorporates the recommendation in Part B of the New Jersey Criminal Sentencing and Disposition Commission's third report, dated March 2023, to create a new mitigating factor for survivors of abuse. Under current law, N.J.S.2C:44-1 enumerates 14 mitigating factors that a court may consider in determining the appropriate sentence to impose on a criminal defendant. These mitigating factors do not include consideration of whether the defendant suffered from physical, sexual, or psychological abuse. The bill amends the current law to establish an additional mitigating factor that a court may consider in determining the appropriate sentence to impose on a defendant who has been convicted of a crime. Specifically, under the bill, the court may also consider whether the defendant suffered physical, sexual, or emotional abuse and that such abuse was a contributing factor to the defendant's criminal behavior.

AI Summary

This bill establishes a new mitigating factor that judges can consider when sentencing defendants who have been convicted of a crime, specifically allowing them to take into account whether the defendant was a survivor of physical, sexual, or emotional abuse and if that abuse contributed to their criminal behavior. Currently, New Jersey law lists 14 mitigating factors that courts may consider during sentencing, but none specifically address past abuse experienced by the defendant. This change, which aligns with a recommendation from the New Jersey Criminal Sentencing and Disposition Commission, aims to provide a more comprehensive approach to sentencing by acknowledging the potential impact of abuse on an individual's actions.

Committee Categories

Justice

Sponsors (3)

Last Action

Introduced, Referred to Assembly Judiciary Committee (on 01/13/2026)

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