Bill > A2470

Introduced Session

This bill would require that the court, in making bail determinations, consider whether the defendant is a member of a gang. Under the bill, if the court finds a reasonable basis to believe that a defendant is a member of a "criminal street gang" or has committed a crime of "gang criminality" then that court would be required to consider that information in determining the appropriate amount and conditions of bail. Under N.J.S.A.2C:6-1, no person charged with a crime of the fourth degree, a disorderly persons offense or a petty disorderly persons offense can be required to deposit bail in an amount exceeding $2,500.00, unless the court finds that the person presents a serious threat to the physical safety of potential evidence or of persons involved in circumstances surrounding the alleged offense or unless the court finds bail of that amount will not reasonably assure the appearance of the defendant as required. Current law does provide for the court to elect, for good cause shown, to impose a higher bail, but requires the court to place on the record its reasons for imposing bail in an amount exceeding $2,500.00. Under this bill these bail limitations would not apply if the court finds a reasonable basis to believe that a defendant is a member of a "criminal street gang" or has committed a crime of "gang criminality."

AI Summary

Committee Categories

Tony Bucco (R)*,  Ralph Caputo (D)*,  Michael Carroll (R)*, 

Reported out of Assembly Comm. with Amendments, 2nd Reading (on 09/16/2010)