Bill Text: NJ ACR167 | 2014-2015 | Regular Session | Amended

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Bill Title: Proposes constitutional amendment to authorize, under certain circumstances, pretrial detention of persons in criminal cases.

Sponsorship: Bipartisan Bill

Status: (Introduced - Dead) 2014-06-23 - Concurrent Resolution Placed on [ACR167 Detail]

Download: New_Jersey-2014-ACR167-Amended.html

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[First Reprint]

ASSEMBLY CONCURRENT RESOLUTION No. 167

STATE OF NEW JERSEY

216th LEGISLATURE

 

INTRODUCED JUNE 16, 2014

 

 

Sponsored by:

Assemblyman  VINCENT MAZZEO

District 2 (Atlantic)

Assemblyman  TIMOTHY J. EUSTACE

District 38 (Bergen and Passaic)

Assemblyman  BOB ANDRZEJCZAK

District 1 (Atlantic, Cape May and Cumberland)

Assemblywoman  DONNA M. SIMON

District 16 (Hunterdon, Mercer, Middlesex and Somerset)

Assemblyman  DAVID P. RIBLE

District 30 (Monmouth and Ocean)

Assemblywoman  BETTYLOU DECROCE

District 26 (Essex, Morris and Passaic)

Assemblyman  ANTHONY M. BUCCO

District 25 (Morris and Somerset)

 

 

 

 

SYNOPSIS

     Proposes constitutional amendment to authorize, under certain circumstances, pretrial detention of persons in criminal cases.

 

CURRENT VERSION OF TEXT

     As reported by the Assembly Appropriations Committee on June 23, 2014, with amendments.

  

A Concurrent Resolution proposing an amendment to Article I, paragraph 11 of the Constitution of the State of New Jersey.

 

     Be It Resolved by the General Assembly of the State of New Jersey (the Senate concurring):

 

     1.    The following proposed amendment to the Constitution of the State of New Jersey is agreed to:

 

PROPOSED AMENDMENT

 

     Amend Article I, paragraph 11 to read as follows:

     11.  No person shall, after acquittal, be tried for the same offense. All persons shall, before conviction, be [bailable by sufficient sureties, except for capital offenses when the proof is evident or presumption great] eligible for pretrial release.  Pretrial release may be denied to a person ¹accused of a first degree crime¹ if ¹, upon motion by a prosecutor,¹ the court finds ¹by clear and convincing evidence¹ that no amount of monetary bail, non-monetary conditions of pretrial release, or combination of monetary bail and non-monetary conditions would reasonably assure the person's appearance in court when required, or protect the safety of any other person or the community, or prevent the person from obstructing or attempting to obstruct the criminal justice process.  ¹[It shall be lawful for the] A person accused of a first degree crime who is imprisoned following a denial of pretrial release shall not remain imprisoned for more than 90 days unless indicted by a grand jury, and shall not remain imprisoned for more than 180 days before commencement of trial following that indictment, excluding time not calculated due to reasonable delays.  The¹ Legislature ¹[to] may¹ establish by law procedures, terms, and conditions applicable to pretrial release and the denial thereof authorized under this provision.

(cf: Art. I, par. 11)

 

     2.    When this proposed amendment to the Constitution is finally agreed to pursuant to Article IX, paragraph 1 of the Constitution, it shall be submitted to the people at the next general election occurring more than three months after the final agreement and shall be published at least once in at least one newspaper of each county designated by the President of the Senate, the Speaker of the General Assembly and the Secretary of State, not less than three months prior to the general election.

     3.    This proposed amendment to the Constitution shall be submitted to the people at that election in the following manner and form:

     There shall be printed on each official ballot to be used at the general election, the following:

     a.    In every municipality in which voting machines are not used, a legend which shall immediately precede the question as follows:

     If you favor the proposition printed below make a cross (X), plus (+), or check (a) in the square opposite the word "Yes." If you are opposed thereto make a cross (X), plus (+) or check (a) in the square opposite the word "No."

     b.    In every municipality the following question:

 

		CONSTITUTIONAL AMENDMENT TO ALLOW A COURT TO ORDER PRETRIAL DETENTION OF A PERSON IN A CRIMINAL CASE
	YES	Do you approve amending the Constitution to allow a court to order pretrial detention of a person in a criminal case?  This would change the current constitutional right to bail.      The change to the Constitution would mean that a court 1, after a request by a prosecutor,1 could order 1, in some situations,1 that a person 1accused of a first degree crime1 remain in jail prior to trial, even without a chance for the person to post bail 1[, in some situations].  1A person could not remain in jail for more than 90 days unless indicted by a grand jury, and for more than 180 days before starting trial, excluding time for reasonable delays.1       The amendment also removes language in the Constitution about bail eligibility for death penalty cases.  The death penalty no longer exists in New Jersey.

 

		INTERPRETIVE STATEMENT
	NO	The Constitution currently requires a court to grant bail to a jailed person in a criminal case before trial.  If the person posts bail, the person is released from jail pending trial.        The amendment would give a court 1, after a request by a prosecutor,1 the option 1, in some situations,1 of ordering a person to remain in jail 1[in some situations] if the person was accused of a first degree crime, the most serious of State crimes.  Murder, kidnapping, and terrorism are examples of first degree crimes1.       The court could order such detention based upon concerns that the 1accused1 person, if released: will not return to court; is a threat to the safety of another person or the community; or will obstruct or attempt to obstruct the criminal justice process.      1A person could not remain in jail for more than 90 days unless indicted by a grand jury, and for more than 180 days before starting trial, excluding time for reasonable delays.1      The amendment authorizes the Legislature to pass laws concerning pretrial release and pretrial detention.  The amendment would take effect on January 1, 2017 to allow any new laws to be enacted and their requirements to be established.      The amendment would also remove language in the Constitution about bail eligibility for death penalty cases.  The death penalty no longer exists in New Jersey.

 

SCHEDULE

 

     This Constitutional amendment, if approved, shall take effect on January 1, 2017.