Bill Text: NJ A2350 | 2014-2015 | Regular Session | Introduced
Bill Title: Establishes the "Municipal Court Prosecutors' Automated System."
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2014-02-06 - Introduced, Referred to Assembly Judiciary Committee [A2350 Detail]
Download: New_Jersey-2014-A2350-Introduced.html
Sponsored by:
Assemblyman REED GUSCIORA
District 15 (Hunterdon and Mercer)
SYNOPSIS
Establishes the "Municipal Court Prosecutors' Automated System."
CURRENT VERSION OF TEXT
As introduced.
An Act concerning the development of a computer system in the Attorney General's office to assist municipal prosecutors, amending N.J.S.A.22A:3-4 and supplementing chapter 17B of Title 52 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. (New Section) The Attorney General shall develop and maintain a computer system for use by municipal prosecutors to be known as the "Municipal Court Prosecutors' Automated System." The system shall be designed with the goal of assisting municipal prosecutors in their work. In addition to any other features the Attorney General deems appropriate, the system shall:
a. enable municipal prosecutors to view all offenses pending against a particular defendant;
b. issue automatic form subpoenas to produce witnesses for court proceedings, including crime victims, police officers or other such necessary parties;
c. issue automatic form discovery requests;
d. track incoming discovery requests; and
e. connect to police database systems or other State law enforcement databases so that municipal prosecutors may directly obtain such information as a defendant's criminal history record or motor vehicle abstract.
2. (New Section) a. There is hereby established a separate, nonlapsing, revolving, dedicated fund in the General Fund to be known as the "Municipal Court Prosecutors' Automated System Fund."
b. Each fiscal year, the State Treasurer shall credit all revenues derived from the $1 court cost assessment authorized under subsection d. of N.J.S.22A:3-4 to the Municipal Court Prosecutors' Automated System Fund established pursuant to this section.
c. Moneys in the Municipal Court Prosecutors' Automated System Fund, including any interest accruing thereon, shall be used solely for the development, administration and operation of the Municipal Court Prosecutors' Automated System established pursuant to section 1 of P.L. , c. (C. )(pending before the Legislature as this bill).
3. N.J.S.22A:3-4 is amended to read as follows:
22A:3-4. Fees for criminal proceedings. The fees provided in the following schedule, and no other charges whatsoever, shall be allowed for court costs in any proceedings of a criminal nature in the municipal courts but no charge shall be made for the services of any salaried police officer of the State, county or municipal police.
For violations of Title 39 of the Revised Statutes, or of traffic ordinances, at the discretion of the court, up to but not exceeding [$33] $34.
For all other cases, at the discretion of the court, up to but not exceeding [$33] $34.
In municipal court proceedings, the court shall impose court costs within the maximum limits authorized by this section, as follows:
a. For every violation of any statute or ordinance the sum of [$2.00] $2. The court shall not suspend the collection of this [$2.00] $2 court cost assessment. These court cost assessments shall be collected by the municipal court administrator for deposit into the Automated Traffic System Fund, created pursuant to N.J.S.2B:12-30.
b. For each fine, penalty and forfeiture imposed and collected under authority of law for any violation of the provisions of Title 39 of the Revised Statutes or any other motor vehicle or traffic violation in this State the sum of $.50. The court shall not suspend the collection of this $.50 court cost assessment. These court cost assessments shall be collected by the municipal court administrator for deposit into the "Emergency Medical Technician Training Fund" established pursuant to P.L.1992, c.143 (C.26:2K-54 et al.).
c. For every violation of any statute or ordinance the sum of $3 to fund the Statewide modernization of the Automated Traffic System. The court shall not suspend the collection of this $3 court cost assessment. These court cost assessments shall be collected by the municipal court administrator for deposit into the Automated Traffic System Statewide Modernization Fund, established pursuant to section 1 of P.L.2004, c.62 (C.2B:12-30.1).
d. For every violation of any statute or ordinance the sum of $1 to fund the development, administration and operation of the Municipal Court Prosecutors' Automated System established pursuant to section 1 of P.L. , c. (C. )(pending before the Legislature as this bill). These court cost assessments shall be collected by the municipal court administrator for deposit into the Municipal Court Prosecutors' Automated System Fund, established pursuant to section 2 of P.L. , c. (C. )(pending before the Legislature as this bill).
The provisions of this act shall not prohibit the taxing of additional costs when authorized by R.S.39:5-39.
For certificate of judgment......... [$4.00] $4
For certified copy of paper filed with the court as a public record:
First page......... [ $4.00] $4
Each additional page or part thereof......... [$1.00] $1
For copy of paper filed with the court as a public record:
First page......... [ $2.00] $2
Each additional page or part thereof......... [$1.00] $1
In addition to any fine imposed, when a supplemental notice is sent for failure to appear on a return date the cost shall be [$10.00] $10 per notice, unless satisfactory evidence is presented to the court that the notice was not received.
CONSTABLES OR OTHER OFFICERS
From the fees allowed for court costs in the foregoing schedule, the clerk of the court shall pay the following fees to constables or other officers:
Serving warrant or summons, $1.50.
Serving every subpoena, $0.70.
Serving every execution, $1.50.
Advertising property under execution, $0.70.
Sale of property under execution, $1.00.
Serving every commitment, $1.50.
Transport of defendant, actual cost.
Mileage, for every mile of travel in serving any warrant, summons, commitment, subpoena or other process, computed by counting the number of miles in and out, by the most direct route from the place where such process is returnable, exclusive of the first mile, $0.20.
If defendant is found guilty of the charge laid against him, he shall pay the costs herein provided, but if, on appeal, the judgment is reversed, the costs shall be repaid to defendant. If defendant is found not guilty of the charge laid against him, the costs shall be paid by the prosecutor, except when the Chief Administrator of the New Jersey Motor Vehicle Commission, a peace officer, or a police officer shall have been prosecutor.
(cf: P.L.2004, c.62, s.2)
4. This act shall take effect on the first day of the tenth month after enactment.
STATEMENT
This bill would require the Attorney General to establish a computer system, known as the "Municipal Court Prosecutors' Automated System", which would be designed to assist municipal court prosecutors.
In addition to any other features the Attorney General deems appropriate, the system would:
a. enable municipal prosecutors to view all offenses pending against a particular defendant;
b. issue automatic form subpoenas to produce witnesses for court proceedings, including crime victims, police officers or other such necessary parties;
c. issue automatic form discovery requests;
d. track incoming discovery requests; and
e. connect to police database systems or other State law enforcement databases so that municipal prosecutors may directly obtain such information as a defendant's criminal history record or motor vehicle abstract.
The bill would provide for the establishment of a separate, nonlapsing, revolving, dedicated fund to be known as the "Municipal Court Prosecutors' Automated System Fund" which would fund the new computer system. The bill would provide that the State Treasurer would credit all revenues derived from the $1 court cost assessment as set forth in section 3 of the bill. Moneys, including any interest accruing thereon, would be used solely for the development, administration, and operation of the Municipal Court Prosecutors' Automated System.
The bill would amend N.J.S.A. 22A:3-4 to provide for a $1 increase for the following fees, at the discretion of the court: (1) violations under Title 39 of the Revised Statutes, or of traffic ordinances, from $33 to $34; and (2) for all other cases from $33 to $34.
