Bill Text: NJ A5154 | 2026-2027 | Regular Session | Amended
Bill Title: Requires jury, rather than court, to determine whether certain defendants are persistent offenders.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Introduced) 2026-06-01 - Reported out of Asm. Comm. with Amendments, and Referred to Assembly Appropriations Committee [A5154 Detail]
Download: New_Jersey-2026-A5154-Amended.html
Sponsored by:
Assemblywoman ELLEN J. PARK
District 37 (Bergen)
SYNOPSIS
Requires jury, rather than court, to determine whether certain defendants are persistent offenders.
CURRENT VERSION OF TEXT
As reported by the Assembly Judiciary Committee on June 1, 2026, with amendments.
An Act concerning sentencing of persistent offenders, supplementing Title 2C of the New Jersey Statutes and amending various parts of the statutory law.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. (New section) Extended term for persistent offenders.
a. The court may sentence a person convicted of a crime of the first, second, or third degree to an extended term of imprisonment if the person is a persistent offender.
b. A persistent offender is a person who at the time of the commission of the crime was 21 years of age or over who has been previously convicted on at least two separate occasions of two crimes, committed at different times, when the person was at least 18 years of age, if the latest in time of these crimes or the date of the person's last release from confinement, whichever is later, is within ten years of the date of the crime for which the person is being sentenced.
c. The court shall not impose an extended term of imprisonment pursuant to this section unless the ground therefor has been established in accordance with subsection g. of N.J.S.2C:44-6.
1d. The Administrative Director of the Courts shall, no later than two years after the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill), submit a written report to the Governor, and to the Legislature pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), concerning:
(1) the number of convicted defendants found within the reporting period to be persistent offenders pursuant to subsection b. of this section;
(2) the crimes for which the defendants were charged and convicted;
(3) the demographics of the defendants, including the vicinage in which the defendant's most recent conviction occurred; and
(4) any other findings and recommendations concerning the sentencing of persistent offenders as the director may determine.1
2. Section 3 of P.L.2023, c.101 (C.2C:20-10.3) is amended to read as follows:
3. Persistent stolen motor vehicle offender sentencing.
a. [Upon request of the prosecutor, a] A person who has been convicted of a crime pursuant to section 1 or 2 of P.L.2023, c.101 (C.2C:20-10.1 or 2C:20-10.2) or carjacking pursuant to section 1 of P.L.1993, c.221 (C.2C:15-2) shall be sentenced to an extended term of imprisonment pursuant to N.J.S.2C:43-7 if the person has previously been convicted on two or more prior and separate occasions, regardless of the dates of the convictions, of a crime pursuant to section 1 or 2 of P.L.2023, c.101 (C.2C:20-10.1 or 2C:20-10.2), carjacking pursuant to section 1 of P.L.1993, c.221 (C.2C:15-2), theft or unlawful taking of a motor vehicle, receiving stolen property where the property involved is a motor vehicle, or a crime under any statute of the United States, this State, or any other state for a crime that is substantially equivalent to any of the crimes enumerated in this subsection.
b. The provisions of this section shall not apply unless the prior convictions are for crimes committed on a separate occasion and the crime for which the defendant is being sentenced was committed either:
(1) within 10 years of the date of the defendant's last release from confinement for the commission of any crime; or
(2) within 10 years of the date of the commission of the most recent of the crimes enumerated in subsection a. of this section for which the defendant has a prior conviction.
c. The court shall not impose a sentence of imprisonment pursuant to this section, unless the ground therefor has been established [at a hearing after the conviction of the defendant and on written notice to the defendant of the ground proposed. The defendant shall have the right to hear and controvert the evidence against him and to offer evidence upon the issue] in accordance with the provisions of subsection g. of N.J.S.2C:44-6. Prior convictions shall be defined and proven in accordance with N.J.S.2C:44-4.
(cf: P.L.2023, c.101, s.3)
3. Section 5 of P.L.2025, c.39 (C.2C:20-11.3) is amended to read as follows:
5. a. [Upon request of the prosecutor, a] A person who has been convicted of shoplifting pursuant to N.J.S.2C:20-11, receiving stolen property pursuant to N.J.S.2C:20-7, leader of organized retail theft enterprise pursuant to section 2 of P.L.2006, c.56 (C.2C:20-11.2), or theft as defined in chapter 20 of Title 2C of the New Jersey Statutes that involves the stealing of merchandise from a retail mercantile establishment shall be sentenced to an extended term of imprisonment pursuant to N.J.S.2C:43-7 if the person has previously been convicted on two or more prior and separate occasions, regardless of the dates of the convictions, in accordance with the provisions of subsection b. of this section, for a violation of paragraphs (1) or (2) of subsection c. of N.J.S.2C:20-11, N.J.S.2C:20-7, section 2 of P.L.2006, c.56 (C.2C:20-11.2), or theft as defined in chapter 20 of Title 2C of the New Jersey Statutes involving the stealing of merchandise, or a crime under any statute of the United States, this State, or any other state for a crime that is substantially equivalent to a violation of shoplifting, leader of organized retail theft enterprise, or theft involving merchandise.
b. The provisions of this section shall not apply unless the prior convictions are for crimes committed on separate occasions and the crime for which the defendant is being sentenced was committed either:
(1) within 10 years of the date of the defendant's last release from confinement for the commission of any crime; or
(2) within 10 years of the date of the commission of the most recent of the crimes enumerated in subsection a. of this section for which the defendant has a prior conviction.
c. Prior convictions shall be defined and proven in accordance with N.J.S.2C:44-4.
d. The court shall not impose a sentence of imprisonment pursuant to this section unless the ground therefor has been established [at a hearing after the conviction of the defendant and on written notice to the defendant of the ground proposed. The defendant shall have the right to hear and controvert the evidence against him and to offer evidence upon the issue] in accordance with the provisions of subsection g. of N.J.S.2C:44-6.
(cf: P.L.2025, c.39, s.5)
4. Section 2 of P.L.1995, c.126 (C.2C:43-7.1) is amended to read as follows:
2. a. Life Imprisonment Without Parole. A person convicted of a crime under any of the following: N.J.S.2C:11-3; subsection a. of N.J.S.2C:11-4; a crime of the first degree under N.J.S.2C:13-1, paragraphs (3) through (6) of subsection a. of N.J.S.2C:14-2; N.J.S.2C:15-1; or section 1 of P.L.1993, c.221 (C.2C:15-2), who has been convicted of two or more crimes that were committed on prior and separate occasions, regardless of the dates of the convictions, under any of the foregoing sections or under any similar statute of the United States, this State, or any other state for a crime that is substantially equivalent to a crime under any of the foregoing sections, shall be sentenced to a term of life imprisonment by the court, with no eligibility for parole.
b. Extended Term for Repeat Violent Offenders. A person shall be sentenced to an extended term of imprisonment pursuant to N.J.S.2C:43-7 if:
(1) The person is convicted of any of the following crimes: a crime of the second degree under N.J.S.2C:11-4; a crime of the second or third degree under subsection b. of N.J.S.2C:12-1; a crime of the second degree under N.J.S.2C:13-1; a crime under N.J.S.2C:14-3 for aggravated criminal sexual contact under any of the circumstances set forth in paragraphs (3) through (6) of subsection a. of N.J.S.2C:14-2; a crime of the second degree under N.J.S.2C:15-1; a crime of the second degree under N.J.S.2C:18-2; or a crime of the second degree under N.J.S.2C:39-4 for possession of a weapon with the purpose of using it unlawfully against the person of another, and the person has been convicted of any of the foregoing crimes or any of the crimes enumerated in subsection a. of this section or under any similar statute of the United States, this State, or any other state for a crime that is substantially equivalent to a crime enumerated in this subsection or in subsection a. of this section committed on two or more prior and separate occasions regardless of the dates of the convictions; or
(2) The person is convicted of a crime enumerated in subsection a. of this section, does not have two or more prior convictions that require sentencing under subsection a. and has two or more prior convictions that would require sentencing under paragraph (1) of this subsection if the person had been convicted of a crime enumerated in paragraph (1).
c. The provisions of this section shall not apply unless the prior convictions are for crimes committed on separate occasions and unless the crime for which the defendant is being sentenced was committed either within 10 years of the date of the defendant's last release from confinement for commission of any crime or within 10 years of the date of the commission of the most recent of the crimes for which the defendant has a prior conviction.
d. The court shall not impose a sentence of imprisonment pursuant to this section, unless the ground therefor has been established [at a hearing after the conviction of the defendant and on written notice to the defendant of the ground proposed. The defendant shall have the right to hear and controvert the evidence against him and to offer evidence upon the issue] in accordance with the provisions of subsection g. of N.J.S.2C:44-6. Prior convictions shall be defined and proven in accordance with N.J.S.2C:44-4.
e. For purposes of this section, a term of life shall mean the natural life of a person sentenced pursuant to this section. Except that a defendant who is at least 70 years of age and who has served at least 35 years in prison pursuant to a sentence imposed under this section shall be released on parole if the full Parole Board determines that the defendant is not a danger to the safety of any other person or the community.
(cf: P.L.2003, c.48)
5. N.J.S.2C:44-3 is amended to read as follows:
2C:44-3. The court may, upon application of the prosecuting attorney, sentence a person who has been convicted of a crime of the first, second or third degree to an extended term of imprisonment if it finds one or more of the grounds specified in subsection [a.,] b., c., or f. of this section. If the grounds specified in subsection d. are found, and the person is being sentenced for commission of any of the offenses enumerated in subsection c. or g. of N.J.S.2C:43-6, the court shall sentence the defendant to an extended term as required by subsection c. or g. of N.J.S.2C:43-6, and application by the prosecutor shall not be required. The court shall, upon application of the prosecuting attorney, sentence a person who has been convicted of a crime under N.J.S.2C:14-2 or N.J.S.2C:14-3 to an extended term of imprisonment if the grounds specified in subsection g. of this section are found. The court shall, upon application of the prosecuting attorney, sentence a person to an extended term if the imposition of such term is required pursuant to the provisions of section 2 of P.L.1994, c.130 (C.2C:43-6.4). The finding of the court shall be incorporated in the record.
a. [The defendant has been convicted of a crime of the first, second or third degree and is a persistent offender. A persistent offender is a person who at the time of the commission of the crime is 21 years of age or over, who has been previously convicted on at least two separate occasions of two crimes, committed at different times, when he was at least 18 years of age, if the latest in time of these crimes or the date of the defendant's last release from confinement, whichever is later, is within 10 years of the date of the crime for which the defendant is being sentenced.] (Deleted by amendment, P.L. , c. (pending before the Legislature as this bill)
b. The defendant has been convicted of a crime of the first, second or third degree and is a professional criminal. A professional criminal is a person who committed a crime as part of a continuing criminal activity in concert with two or more persons, and the circumstances of the crime show he has knowingly devoted himself to criminal activity as a major source of livelihood.
c. The defendant has been convicted of a crime of the first, second or third degree and committed the crime as consideration for the receipt, or in expectation of the receipt, of anything of pecuniary value the amount of which was unrelated to the proceeds of the crime or he procured the commission of the offense by payment or promise of payment of anything of pecuniary value.
d. Second offender with a firearm. The defendant is at least 18 years of age and has been previously convicted of any of the following crimes: N.J.S.2C:11-3, N.J.S.2C:11-4, subsection b. of N.J.S.2C:12-1, N.J.S.2C:13-1, subsection a. of N.J.S.2C:14-2, subsection a. of N.J.S.2C:14-3, N.J.S.2C:15-1, N.J.S.2C:18-2, section 1 of P.L.2024, c.83 (C.2C:18-2.1), N.J.S.2C:29-5, subsection a. of N.J.S.2C:39-4, or has been previously convicted of an offense under Title 2A of the New Jersey Statutes or under any statute of the United States or any other state which is substantially equivalent to the offenses enumerated in this subsection and he used or possessed a firearm, as defined in N.J.S.2C:39-1, in the course of committing or attempting to commit any of these crimes, including the immediate flight therefrom.
e. (Deleted by amendment, P.L.2001, c.443).
f. The defendant has been convicted of a crime under any of the following sections: N.J.S.2C:11-4, subsection b. of N.J.S.2C:12-1, N.J.S.2C:13-1, subsection a. of N.J.S.2C:14-2, subsection a. of N.J.S.2C:14-3, N.J.S.2C:15-1, N.J.S.2C:18-2, section 1 of P.L.2024, c.83 (C.2C:18-2.1), section 2 of P.L.2024, c.83 (C.2C:18-2.2), subsection b. of N.J.S.2C:29-2, N.J.S.2C:29-5, N.J.S.2C:35-5, and in the course of committing or attempting to commit the crime, including the immediate flight therefrom, the defendant used or was in possession of a stolen motor vehicle.
g. The defendant has been convicted of a crime under N.J.S.2C:14-2 or N.J.S.2C:14-3 involving violence or the threat of violence and the victim of the crime was 16 years of age or less.
For purposes of this subsection, a crime involves violence or the threat of violence if the victim sustains serious bodily injury as defined in subsection b. of N.J.S.2C:11-1, or the actor is armed with and uses a deadly weapon or threatens by word or gesture to use a deadly weapon as defined in subsection c. of N.J.S.2C:11-1, or threatens to inflict serious bodily injury.
h. (Deleted by amendment, P.L.2007, c.341).
(cf: P.L.2024, c.83, s.9)
6. N.J.S.2C:44-6 is amended to read as follows:
2C:44-6. Procedure on sentence; presentence investigation and report.
a. The court shall not impose sentence without first ordering a presentence investigation of the defendant and according due consideration to a written report of such investigation when required by the Rules of Court. The court may order a presentence investigation in any other case.
b. The presentence investigation shall include an analysis of the circumstances attending the commission of the offense, the defendant's history of delinquency or criminality, family situation, financial resources, including whether or not the defendant is an enrollee or covered person under a health insurance contract, policy or plan, debts, including any amount owed for a fine, assessment or restitution ordered in accordance with the provisions of Title 2C, any obligation of child support including any child support delinquencies, employment history, personal habits, the disposition of any charge made against any codefendants, the defendant's history of civil commitment, any disposition which arose out of charges suspended pursuant to N.J.S.2C:4-6 including the records of the disposition of those charges and any acquittal by reason of insanity pursuant to N.J.S.2C:4-1, and any other matters that the probation officer deems relevant or the court directs to be included. The defendant shall disclose any information concerning any history of civil commitment. The report shall also include a medical history of the defendant and a complete psychological evaluation of the defendant in any case in which the defendant is being sentenced for a first or second degree crime involving violence and:
(1) the defendant has a prior acquittal by reason of insanity pursuant to N.J.S.2C:4-1 or had charges suspended pursuant to N.J.S.2C:4-6; or
(2) the defendant has a prior conviction for murder pursuant to N.J.S.2C:11-3, aggravated sexual assault or sexual assault pursuant to N.J.S.2C:14-2, kidnapping pursuant to N.J.S.2C:13-1, endangering the welfare of a child which would constitute a crime of the second degree pursuant to N.J.S.2C:24-4, or stalking which would constitute a crime of the third degree pursuant to section 1 of P.L.1992, c.209 (C.2C:12-10); or
(3) the defendant has a prior diagnosis of psychosis.
The court, in its discretion and considering all the appropriate circumstances, may waive the medical history and psychological examination in any case in which a term of imprisonment including a period of parole ineligibility is imposed. In any case involving a conviction of N.J.S.2C:24-4, endangering the welfare of a child; N.J.S.2C:18-3, criminal trespass, where the trespass was committed in a school building or on school property; section 1 of P.L.1993, c.291 (C.2C:13-6), attempting to lure or entice a child with purpose to commit a criminal offense; section 1 of P.L.1992, c.209 (C.2C:12-10), stalking; or N.J.S.2C:13-1, kidnapping, where the victim of the offense is a child under the age of 18, the investigation shall include a report on the defendant's mental condition.
The presentence investigation shall also include information regarding the defendant's history of substance use disorder and substance use disorder treatment, if any, including whether the defendant has sought treatment in the past. If any of the factors listed in subsection b. of section 1 of P.L.2012, c.23 (C.2C:35-14.1) apply, the presentence report shall also include consideration of whether the defendant may be a person with a substance use disorder as defined in N.J.S.2C:35-2.
The presentence investigation shall include an analysis of whether the defendant should be required to submit to a professional diagnostic assessment within the meaning of paragraph (1) of subsection a. of N.J.S.2C:35-14 in any case where: the defendant may be a person with a substance use disorder as defined in N.J.S.2C:35-2; the defendant is eligible to be considered for a sentence to special probation pursuant to N.J.S.2C:35-14; and the court has not already ordered the defendant to submit to any such diagnostic assessment in regard to the pending matter.
The presentence report shall also include a report on any compensation paid by the Victims of Crime Compensation Agency as a result of the commission of the offense and, in any case where the victim chooses to provide one, a statement by the victim of the offense for which the defendant is being sentenced. The statement may include the nature and extent of any physical harm or psychological or emotional harm or trauma suffered by the victim, the extent of any loss to include loss of earnings or ability to work suffered by the victim and the effect of the crime upon the victim's family. The probation department shall notify the victim or nearest relative of a homicide victim of his right to make a statement for inclusion in the presentence report if the victim or relative so desires. Any such statement shall be made within 20 days of notification by the probation department.
The presentence report shall specifically include an assessment of the gravity and seriousness of harm inflicted on the victim, including whether or not the defendant knew or reasonably should have known that the victim of the offense was particularly vulnerable or incapable of resistance due to advanced age, disability, ill-health, or extreme youth, or was for any other reason substantially incapable of exercising normal physical or mental power of resistance.
c. If, after the presentence investigation, the court desires additional information concerning an offender convicted of an offense before imposing sentence, it may order any additional psychological or medical testing of the defendant.
d. Disclosure of any presentence investigation report or psychiatric examination report shall be in accordance with law and the Rules of Court, except that information concerning the defendant's financial resources shall be made available upon request to the Victims of Crime Compensation Agency or to any officer authorized under the provisions of section 3 of P.L.1979, c.396 (C.2C:46-4) to collect payment on an assessment, restitution or fine and that information concerning the defendant's coverage under any health insurance contract, policy or plan shall be made available, as appropriate to the Commissioner of Corrections and to the chief administrative officer of a county jail in accordance with the provisions of P.L.1995, c.254 (C.30:7E-1 et al.).
e. [The] Except as provided in subsection g. of this section, the court shall not impose a sentence of imprisonment for an extended term unless the ground therefor has been established at a hearing after the conviction of the defendant and on written notice to him of the ground proposed. The defendant shall have the right to hear and controvert the evidence against him and to offer evidence upon the issue.
f. (Deleted by amendment, P.L.1986, c.85).
g. (1) The court shall not impose a sentence of imprisonment for an extended term under section 3 of P.L.2023, c.101 (C.2C:20-10.3), section 5 of P.L.2025, c.39 (C.2C:20-11.3), subsection a. or b. of section 2 of P.L.1995, c.126 (C.2C:43-7.1), or N.J.S.2C:44-3, unless:
(a) (i) the predicate enhancing facts are presented to a grand jury and charged in the indictment, on a page or pages separate from the rest of the indictment charging the substantive crime, with reference to the statute containing the enhancing facts; or
(ii) the defendant waives the right to indictment in accordance with the Rules of Court; and
(b)(i) with respect to a case tried before a jury, the jury unanimously found beyond a reasonable doubt that the enhancing facts existed; or
(ii) with respect to a case tried before the court on the defendant's waiver of the right to a jury trial, the court found beyond a reasonable doubt that the enhancing facts existed; or
(iii) with respect to a defendant who pleaded guilty to the substantive crime, the defendant knowingly and voluntarily admitted to the enhancing facts.
(2) When the case is tried before a jury, the court shall conduct a separate proceeding after the return of a guilty verdict for the substantive crime charged for the jury to determine whether the enhancing facts exist. Such proceeding shall be conducted before the same jury impaneled to try the substantive crime unless the court for good cause discharges that jury and impanels a new jury for this purpose or the defendant consents to judicial factfinding of the enhancing facts. Evidence relevant to the issues of previous convictions may not be divulged to the jury during the trial on the substantive crime unless otherwise admissible under the Rules of Evidence.
(cf: P.L.2023, c.177, s.10)
7. This act shall take effect immediately.
