New Jersey 2024-2025 Regular Session

New Jersey Senate Bill S2915

Introduced
3/7/24  

Caption

Establishes rebuttable presumption that person charged with theft of motor vehicle be detained prior to trial under certain circumstances.

Impact

The proposed legislation notably alters existing pretrial processes by applying a rebuttable presumption of detention to individuals charged with motor vehicle theft under life-threatening circumstances. Current laws permit the courts to order pretrial releases or detentions on a case-by-case basis, but S2915 streamlines this by creating a firm presumption of detention for certain serious offenses. By doing so, it aims to ensure the safety of the community and assure court appearances, thereby shifting the burden of proof back to the defendant to demonstrate why they should not be detained.

Summary

Senate Bill S2915, introduced in New Jersey, establishes a rebuttable presumption that a person charged with theft of a motor vehicle will be detained prior to trial under specific circumstances. The foundation of the bill is that if a defendant is found to have committed theft of a motor vehicle and during that crime caused serious bodily injury or death to another person, a presumption of pretrial detention arises. This bill amends P.L.2014, c.31 and aims to prevent potential flight risks and threats to community safety by ensuring higher-risk offenders remain in custody until their trial.

Contention

Opposition around S2915 likely stems from concerns over the implications of a rebuttable presumption for a single crime type, potentially leading to inequities in how defendants are treated based on the crime they are charged with. Critics may argue that this could disproportionately affect certain populations and may not account for individual circumstances adequately, leading to unjust outcomes. Moreover, the legal definition of 'serious bodily injury' and the specific conditions under which the presumption applies could also lead to contentious discussions during the legislative process.

Companion Bills

NJ A3916

Same As Establishes rebuttable presumption that person charged with theft of motor vehicle be detained prior to trial under certain circumstances.

NJ A4018

Carry Over Establishes rebuttable presumption that person charged with theft of motor vehicle be detained prior to trial under certain circumstances.

Previously Filed As

NJ A3916

Establishes rebuttable presumption that person charged with theft of motor vehicle be detained prior to trial under certain circumstances.

NJ A4018

Establishes rebuttable presumption that person charged with theft of motor vehicle be detained prior to trial under certain circumstances.

NJ A1577

Establishes rebuttable presumption that person charged with theft of motor vehicle be detained prior to trial.

NJ A5842

Establishes rebuttable presumption that person charged with theft of motor vehicle be detained prior to trial.

NJ A4248

Establishes rebuttable presumption that person charged with motor vehicle theft be detained prior to trial; imposes mandatory sentencing for thefts involving motor vehicle.

NJ S1367

Establishes rebuttable presumption that person charged with motor vehicle theft be detained prior to trial; imposes mandatory sentencing for thefts involving motor vehicle.

NJ S3616

Establishes rebuttable presumption that person charged with motor vehicle theft be detained prior to trial; imposes mandatory sentencing for thefts involving motor vehicle.

NJ A3390

Establishes rebuttable presumption that person charged with motor vehicle theft be detained prior to trial; imposes mandatory sentencing for thefts involving motor vehicle.

NJ A3452

Establishes rebuttable presumption that person charged with certain sex crimes be detained prior to trial.

NJ S1528

Establishes rebuttable presumption that person charged with certain firearm offenses be detained prior to trial.

Similar Bills

NJ A3916

Establishes rebuttable presumption that person charged with theft of motor vehicle be detained prior to trial under certain circumstances.

NJ A4018

Establishes rebuttable presumption that person charged with theft of motor vehicle be detained prior to trial under certain circumstances.

NJ S2530

Establishes rebuttable presumption that person who commits domestic violence by strangling victim be detained prior to trial.

NJ S3347

Extends list of crimes for which rebuttable presumption of pretrial detention applies; requires pretrial detention of defendant who violates conditions of pretrial release.

NJ S3351

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

NJ A3924

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

NJ S3385

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

NJ A3502

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