Bill Text: NJ A5189 | 2026-2027 | Regular Session | Introduced
Bill Title: Eliminates presumption of pretrial release when defendant is charged with contempt of domestic violence restraining order.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Introduced) 2026-05-28 - Introduced, Referred to Assembly Judiciary Committee [A5189 Detail]
Download: New_Jersey-2026-A5189-Introduced.html
Sponsored by:
Assemblywoman HEATHER SIMMONS
District 3 (Cumberland, Gloucester and Salem)
SYNOPSIS
Eliminates presumption of pretrial release when defendant is charged with contempt of domestic violence restraining order.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning pretrial release, and amending P.L.2014, c.31.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 3 of P.L.2014, c.31 (C.2A:162-17) is amended to read as follows:
3. Except as otherwise provided under sections 4 and 5 of P.L.2014, c.31 (C.2A:162-18 and C.2A:162-19) concerning a hearing on pretrial detention, a court shall make, pursuant to this section, a pretrial release decision for an eligible defendant without unnecessary delay, but in no case later than 48 hours after the eligible defendant's commitment to jail, provided, however, that upon request of the prosecutor, the court may take additional time than established pursuant to this section if the eligible defendant is charged with any crime or offense involving the use or possession of a firearm, but the additional time provided for shall not exceed such time as is reasonably necessary for a firearms ballistic analysis to be conducted and immediately provided to the court and in no event shall exceed seven days.
a. Except as otherwise provided in this subsection, the court shall order the pretrial release of the eligible defendant on personal recognizance or on the execution of an unsecured appearance bond when, after considering all the circumstances, the Pretrial Services Program's risk assessment and recommendations on conditions of release prepared pursuant to section 11 of P.L.2014, c.31 (C.2A:162-25), and any information that may be provided by a prosecutor or the eligible defendant, the court finds that the release would reasonably assure the eligible defendant's appearance in court when required, the protection of the safety of any other person or the community, and that the eligible defendant will not obstruct or attempt to obstruct the criminal justice process. The presumption of pretrial release pursuant to this subsection shall not apply to an eligible defendant charged with:
(1) theft of or unlawful taking of a motor vehicle or receiving stolen property where the property involved is a motor vehicle if on one or more prior and separate occasions within the 90-day-period preceding the charge, the defendant was arrested for or convicted of theft of 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 that is substantially equivalent to any of the crimes enumerated in this subsection; or
(2) contempt of a domestic violence restraining order pursuant to N.J.S.2C:29-9.
b. (1) If the court does not find, after consideration, that the release described in subsection a. of this section will reasonably assure the eligible defendant's appearance in court when required, the protection of the safety of any other person or the community, and that the eligible defendant will not obstruct or attempt to obstruct the criminal justice process, the court may order the pretrial release of the eligible defendant subject to the following:
(a) the eligible defendant shall not commit any offense during the period of release;
(b) the eligible defendant shall avoid all contact with an alleged victim of the crime;
(c) the eligible defendant shall avoid all contact with all witnesses who may testify concerning the offense that are named in the document authorizing the eligible defendant's release or in a subsequent court order; and
(d) any one or more non-monetary conditions as set forth in paragraph (2) of this subsection.
(2) The non-monetary condition or conditions of a pretrial release ordered by the court pursuant to this paragraph shall be the least restrictive condition, or combination of conditions, that the court determines will reasonably assure the eligible defendant's appearance in court when required, the protection of the safety of any other person or the community, and that the eligible defendant will not obstruct or attempt to obstruct the criminal justice process, which may include that the eligible defendant:
(a) remain in the custody of a designated person, who agrees to assume supervision and to report any violation of a release condition to the court, if the designated person is able to reasonably assure the court that the eligible defendant will appear in court when required, will not pose a danger to the safety of any other person or the community and will not obstruct or attempt to obstruct the criminal justice process;
(b) maintain employment or, if unemployed, actively seek employment;
(c) maintain or commence an educational program;
(d) abide by specified restrictions on personal associations, place of abode, or travel;
(e) report on a regular basis to a designated law enforcement agency, or other agency, or pretrial services program;
(f) comply with a specified curfew;
(g) refrain from possessing a firearm, destructive device, or other dangerous weapon;
(h) refrain from excessive use of alcohol or any unlawful use of a narcotic drug or other controlled substance without a prescription by a licensed medical practitioner;
(i) undergo available medical, psychological, or psychiatric treatment, including treatment for drug or alcohol dependency, and remain in a specified institution if required for that purpose;
(j) return to custody for specified hours following release for employment, schooling, or other limited purposes;
(k) be placed in a pretrial home supervision capacity with or without the use of an approved electronic monitoring device. The court may order the eligible defendant to pay all or a portion of the costs of the electronic monitoring, but the court may waive the payment for an eligible defendant who is indigent and who has demonstrated to the court an inability to pay all or a portion of the costs; or
(l) satisfy any other condition that is necessary to reasonably assure the eligible defendant's appearance in court when required, the protection of the safety of any other person or the community, and that the eligible defendant will not obstruct or attempt to obstruct the criminal justice process, which shall not include any prohibition or restriction concerning manufacturing, distributing, or dispensing, or possessing or having under control with intent to manufacture, distribute, or dispense, marijuana or hashish in violation of paragraph (12) of subsection b. of N.J.S.2C:35-5, or possession of marijuana or hashish in violation of paragraph (3) of subsection a. of N.J.S.2C:35-10.
c. (1) If the court does not find, after consideration, that the release described in subsection a. or b. of this section will reasonably assure the eligible defendant's appearance in court when required, the court may order the pretrial release of the eligible defendant on monetary bail, other than an unsecured appearance bond. The court may only impose monetary bail pursuant to this subsection to reasonably assure the eligible defendant's appearance. The court shall not impose the monetary bail to reasonably assure the protection of the safety of any other person or the community or that the eligible defendant will not obstruct or attempt to obstruct the criminal justice process or for the purpose of preventing the release of the eligible defendant.
(2) If the eligible defendant is unable to post the monetary bail imposed by the court pursuant to this subsection, and for that reason remains detained in jail, the provisions of section 8 of P.L.2014, c.31 (C.2A:162-22) shall apply to the eligible defendant.
d. (1) If the court does not find, after consideration, that the release described in subsection a., b., or c. will reasonably assure the eligible defendant's appearance in court when required, the protection of the safety of any other person or the community, and that the eligible defendant will not obstruct or attempt to obstruct the criminal justice process, the court may order the pretrial release of the eligible defendant using a combination of non-monetary conditions as set forth in subsection b. of this section, and monetary bail as set forth in subsection c. of this section.
(2) If the eligible defendant is unable to post the monetary bail imposed by the court in combination with non-monetary conditions pursuant to this subsection, and for that reason remains detained in jail, the provisions of section 8 of P.L.2014, c.31 (C.2A:162-22) shall apply to the eligible defendant.
e. For purposes of the court's consideration for pretrial release described in this section, with respect to whether the particular method of release will reasonably assure that the eligible defendant will not obstruct or attempt to obstruct the criminal justice process, this reasonable assurance may be deemed to exist if the prosecutor does not provide the court with information relevant to the risk of whether the eligible defendant will obstruct or attempt to obstruct the criminal justice process.
(cf: P.L.2025, c.256, s.2)
2. Section 10 of P.L.2014, c.31 (C.2A:162-24) is amended to read as follows:
10. a. (1) Upon motion of a prosecutor, when an eligible defendant is released from custody before trial pursuant to section 3 or 8 of P.L.2014, c.31 (C.2A:162-17 or C.2A:162-22), the court, upon a finding that the eligible defendant while on release has violated a [restraining order or] condition of release, or upon a finding of probable cause to believe that the eligible defendant has committed a new crime while on release, may not revoke the eligible defendant's release and order that the eligible defendant be detained pending trial unless the court, after considering all relevant circumstances including but not limited to the nature and seriousness of the violation or criminal act committed, finds clear and convincing evidence that no monetary bail, non-monetary conditions of release or combination of monetary bail and conditions would reasonably assure the eligible defendant's appearance in court when required, the protection of the safety of any other person or the community, or that the eligible defendant will not obstruct or attempt to obstruct the criminal justice process.
(2) Notwithstanding the provisions of paragraph (1) of this subsection, if the court finds that the eligible defendant while on release violated a restraining order, whether entered as a condition of release or entered pursuant to a separate proceeding, the eligible defendant shall demonstrate by clear and convincing evidence why pretrial release should not be revoked.
b. A court shall not revoke an eligible defendant's release and order that the eligible defendant be detained pending trial based on manufacturing, distributing, or dispensing, or possessing or having under control with intent to manufacture, distribute, or dispense, marijuana or hashish in violation of paragraph (12) of subsection b. of N.J.S.2C:35-5, or possession of marijuana or hashish in violation of paragraph (3) of subsection a. of N.J.S.2C:35-10.
(cf: P.L.2021, c.19, s.9)
3. This act shall take effect
immediately.
STATEMENT
This bill eliminates the presumption of pretrial release when a defendant is charged with contempt of domestic violence restraining order.
Under the State's Criminal Justice Reform law, commonly known as the "bail reform law," P.L.2014, c.31, most defendants charged with crimes may be given pretrial release unless the court finds that no monetary bail, non-monetary conditions of release, or no combination of monetary bail and conditions would reasonably assure the eligible defendant's appearance in court when required, the protection of the safety of any other person or the community, or that the eligible defendant will not obstruct or attempt to obstruct the criminal justice process. However, the statutes currently also provide that the presumption of pretrial release does not apply in certain motor vehicle theft cases.
Under the bill, contempt of a domestic violence restraining order is added to the crimes for which the presumption of pretrial release will not apply. Additionally, the bill requires that, if a defendant is already on pretrial release, and is found to have committed contempt of a domestic violence restraining order, the defendant must show, by clear and convincing evidence, why pretrial release should not be revoked.
This bill is in response to the shocking murder of Tomeka Kamwani, 41, of Swedesboro, who was killed by her ex-fianc� in March 2026. Ms. Kamwani had previously sought protection by way of a domestic violence restraining order against her abuser, but he was not detained in jail after violating the restraining order. It is the sponsor's firm belief that Ms. Kamwani would still be alive today if the defendant had not been granted pretrial release after violating the restraining order. A number of other domestic violence related tragedies also occurred in early 2026, including the murders of Deonna Stewart, 38, of Berkeley Township, Monica Morris, 51, of Gloucester Township, and Victoria Alexander, 38, of Minotola, all of whom were killed by their former or estranged intimate partners.
