Bill Text: NJ A1022 | 2010-2011 | Regular Session | Introduced

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Bill Title: Permits evidence of prior convictions or juvenile adjudications in certain criminal cases.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2010-01-12 - Introduced, Referred to Assembly Judiciary Committee [A1022 Detail]

Download: New_Jersey-2010-A1022-Introduced.html

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ASSEMBLY, No. 1022

STATE OF NEW JERSEY

214th LEGISLATURE

 

PRE-FILED FOR INTRODUCTION IN THE 2010 SESSION

 

 

Sponsored by:

Assemblyman  JOSEPH R. MALONE, III

District 30 (Burlington, Mercer, Monmouth and Ocean)

 

 

 

 

SYNOPSIS

     Permits evidence of prior convictions or juvenile adjudications in certain criminal cases.

 

CURRENT VERSION OF TEXT

     Introduced Pending Technical Review by Legislative Counsel

  

An Act concerning the admissibility of certain evidence in criminal proceedings and supplementing Title 2C of the New Jersey Statutes.

 

     Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

     1.    Notwithstanding any provision of law to the contrary, in a criminal prosecution involving any of the following crimes: N.J.S.2C:11-3 (murder); N.J.S.2C:11-4 (manslaughter); paragraphs (1) through (6) of subsection b. of N.J.S.2C:12-1 if the victim suffers bodily injury (aggravated assault); N.J.S.2C:13-1 (kidnapping); N.J.S.2C:14-2 (sexual assault); N.J.S.2C:14-3 (criminal sexual contact); N.J.S.2C:15-1 (robbery); or N.J.S.2C:18-2 (burglary), in which an adult defendant introduces, as part of the defense, unsubstantiated abuse while a child, the prosecution may introduce evidence of prior convictions or juvenile adjudications.

 

     2.    This act shall take effect immediately.

 

 

STATEMENT

 

     This bill provides that when a defendant in a criminal prosecution involving certain serious offenses introduces unsubstantiated abuse while a child, the prosecution may introduce evidence of prior convictions or juvenile adjudications involving the defendant.  It is the sponsor's view that evidence that defendant has a record of offenses should be available as rebuttal to defense evidence introduced to show that the defendants actions resulted from childhood abuse.