Bill
Bill > S3267
NJ S3267
NJ S3267Establishes rebuttable presumption that person charged with theft of motor vehicle be detained prior to trial under certain circumstances.
summary
Introduced
02/02/2026
02/02/2026
In Committee
02/02/2026
02/02/2026
Crossed Over
Passed
Dead
Introduced Session
2026-2027 Regular Session
Bill Summary
This bill establishes a rebuttable presumption that a person charged with theft of a motor vehicle is subject to pretrial detention if, during the course of the theft, the person engaged in conduct that caused death or serious bodily injury to another person or engaged in conduct which created a substantial risk of death or serious bodily injury to another person. Under current law, a person is guilty of theft of a motor vehicle if the person unlawfully takes, or exercises unlawful control over, another person's motor vehicle with the purpose to deprive that person of the motor vehicle. Theft of a motor vehicle is a crime of the third degree. A crime of the third degree is punishable by up to five years imprisonment, a fine of up to $15,000, or both. Additionally under current law, courts are authorized to order the pretrial release of a defendant pending further proceedings, or order pretrial detention of defendants who are found to be a flight risk, a danger to another or the community, or likely to obstruct further criminal proceedings. The bill provides that if, upon motion by the prosecutor, the court finds probable cause a defendant committed theft of a motor vehicle, and during the course of the theft engaged in conduct that caused death or serious bodily injury to another person or engaged in conduct which created a substantial risk of death or serious bodily injury to another person, there would be a rebuttable presumption that the person 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. The presumption may be rebutted by the defendant upon a showing of a preponderance of the evidence in support of the defendant. Under current law, this rebuttable presumption applies when the court finds probable cause that the defendant committed murder or any crime for which the defendant would be subject to an ordinary or extended term of life imprisonment.
AI Summary
This bill establishes a rebuttable presumption that a person charged with theft of a motor vehicle should be detained before trial if, during the commission of the theft, they caused death or serious bodily injury to another person, or created a substantial risk of such harm. "Serious bodily injury" is defined as bodily injury that creates a substantial risk of death, causes permanent disfigurement, or results in the protracted loss or impairment of a bodily function. Currently, courts can order pretrial detention if a defendant is a flight risk, a danger to others, or likely to obstruct justice, but this bill adds a new category for motor vehicle theft cases involving serious harm or risk of harm. Under this bill, if a prosecutor shows probable cause that the defendant committed theft of a motor vehicle and engaged in such dangerous conduct, there is a presumption that no bail or release conditions can ensure public safety, leading to pretrial detention. The defendant can overcome this presumption by proving by a preponderance of the evidence that release conditions would be sufficient. This presumption is similar to those already in place for charges like murder or crimes carrying a life sentence.
Committee Categories
Justice
Sponsors (1)
Last Action
Introduced in the Senate, Referred to Senate Judiciary Committee (on 02/02/2026)
Official Document
bill text
bill summary
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bill summary
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bill summary
| Document Type | Source Location |
|---|---|
| State Bill Page | https://www.njleg.state.nj.us/bill-search/2026/S3267 |
| BillText | https://pub.njleg.gov/Bills/2026/S3500/3267_I1.HTM |
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