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Bill > A4339


NJ A4339

NJ A4339
Establishes presumption of pretrial detention for persons who commit carjacking, theft of motor vehicle, or burglary.


summary

Introduced
02/19/2026
In Committee
02/19/2026
Crossed Over
Passed
Dead

Introduced Session

2026-2027 Regular Session

Bill Summary

This bill establishes a rebuttable presumption of pretrial detention for the crimes of car theft, carjacking, and burglary. The bill provides that if, upon motion by the prosecutor, the court finds probable cause a defendant committed: (1) theft of a motor vehicle or burglary in furtherance of car theft and the defendant has a prior conviction within the preceding 12 months or prior pending charges for any of those crimes; or (2) carjacking, there would be a rebuttable presumption that the person be detained pending trial. Under current law, the 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. The bill would expand the rebuttable presumption of pretrial detention to car theft, carjackings, and burglary. Finally, the bill requires, after the one-year expiration of the bill, that the Administrative Office of the Courts (AOC) report to the Legislature and the Governor on the number of individuals detained under the presumption of pretrial detention after an individual commits the crime of car theft, carjacking, or burglary, the rehabilitation of offenders, and other related objectives of pretrial detention.

AI Summary

This bill establishes a rebuttable presumption of pretrial detention, meaning a person is presumed to be held in jail before trial unless they can prove otherwise, for individuals accused of carjacking, theft of a motor vehicle, or burglary. Specifically, if a prosecutor shows probable cause that a defendant committed motor vehicle theft or burglary in furtherance of motor vehicle theft and the defendant has a recent prior conviction or pending charges for these offenses, or if the defendant is charged with carjacking, the court would presume they should be detained pending trial. This expands the existing presumption, which currently applies only to murder and life-imprisonment offenses, to include these vehicle-related crimes. The bill also mandates that one year after its enactment, the Administrative Office of the Courts (AOC) must report to the Legislature and the Governor on the number of people detained under this new presumption, as well as on offender rehabilitation and other pretrial detention objectives.

Committee Categories

Justice

Sponsors (1)

Last Action

Introduced, Referred to Assembly Judiciary Committee (on 02/19/2026)

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