Bill Text: NJ ACR82 | 2018-2019 | Regular Session | Introduced

New Jersey Assembly Concurrent Resolution 82 (Prior Session Legislation)

Introduced

Bill Title: Proposes constitutional amendment to restore the death penalty under certain circumstances.

Spectrum: Partisan Bill (Republican 3-0)

Status: (Introduced - Dead) 2018-01-09 - Introduced, Referred to Assembly Judiciary Committee [ACR82 Detail]

Download: New_Jersey-2018-ACR82-Introduced.html

ASSEMBLY CONCURRENT RESOLUTION No. 82

STATE OF NEW JERSEY

218th LEGISLATURE

PRE-FILED FOR INTRODUCTION IN THE 2018 SESSION

Sponsored by:

Assemblyman RONALD S. DANCER

District 12 (Burlington, Middlesex, Monmouth and Ocean)

SYNOPSIS

Proposes constitutional amendment to restore the death penalty under certain circumstances.

CURRENT VERSION OF TEXT

Introduced Pending Technical Review by Legislative Counsel.

A Concurrent Resolution proposing to amend Article I, paragraph 12 and Article VI, Section II 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 hereby agreed to:

PROPOSED AMENDMENT

a. Amend Article I, paragraph 12 to read as follows:

12. Excessive bail shall not be required, excessive fines shall not be imposed, and cruel and unusual punishments shall not be inflicted. The Legislature shall by law provide for the option of the imposition of the death penalty on certain persons convicted of murder. Such law shall provide that a person shall be sentenced to death only if the jury or, if there is no jury, the court, finds without any doubt that all of the aggravating factors of the case outweigh all of the mitigating factors. Such law shall provide that if any juror or the court has a residual or lingering doubt the defendant shall not be sentenced to death.

It shall not be cruel and unusual punishment to impose the death penalty on a person convicted of purposely or knowingly causing death or purposely or knowingly causing serious bodily injury resulting in death who committed the homicidal act by his own conduct or who as an accomplice procured the commission of the offense by payment or promise of payment of anything of pecuniary value.

(cf: Art. I, par.12; amended eff. December 3, 1992)

b. Amend Article VI, Section II by adding a new paragraph 4 to read as follows:

4. a. In all cases in which a sentence of death is imposed, the appeal to the Supreme Court of New Jersey and any proportionality review shall be decided and an opinion reaching the merits shall be filed within 150 days of the certification of the entire record by the sentencing court.

b. In all cases in which a sentence of death is imposed and the Supreme Court of New Jersey affirms the defendant's conviction and sentence, no application for post-conviction relief may be filed in the courts of this State after one year from the date of the denial of certiorari or other final action by the United States Supreme Court in respect of defendant's direct appeal. The provisions of this paragraph shall not apply to a motion for a new trial on the grounds that the defendant is innocent of the crime for which he was convicted and sentenced to death.

c. A failure to comply with the time requirements of this paragraph shall not be grounds for precluding the ultimate imposition of the death penalty.

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 RESTORE THE DEATH PENALTY
	YES	Do you approve amending the Constitution to allow the death penalty for certain persons convicted of murder? The amendment would also set time limits for appeals of death penalty cases.
		INTERPRETIVE STATEMENT
	NO	In 2007, a law was enacted that eliminated the death penalty. This constitutional amendment requires the Legislature to pass a new law to impose the death penalty in certain murder cases. The amendment also sets time limits on appeals of death penalty cases in State courts. Compared to the prior death penalty law, the new law would make it more difficult for a prosecutor to prove that a person should be sentenced to death. This is intended as a safeguard against the possibility that an innocent person might be sentenced to death. Under the new law, a person could be sentenced to death only if the jury finds that there is no doubt that all of the "aggravating factors" of the case outweigh all of the "mitigating factors." This is a new standard. Under the prior death penalty law, a person could be sentenced to death if the jury found that the aggravating factors outweighed the mitigating factors beyond a reasonable doubt. Aggravating and mitigating factors are circumstances related to the murder and the defendant's character. The new law would also provide that if any juror has any doubt about the aggravating and mitigating factors, the defendant could not be sentenced to death. The amendment establishes deadlines to shorten the time period for death penalty appeals. The New Jersey Supreme Court would have 150 days to issue an opinion in the case and to decide any "proportionality review." A proportionality review analyzes whether a defendant's death sentence is disproportionate to the sentences of other defendants convicted of similar crimes. If the case is appealed to the United States Supreme Court, the defendant would have one year after that court's final decision to file any other appeals.

SCHEDULE

This constitutional amendment shall only apply to persons convicted and sentenced for crimes committed on or after noon on the first day of January next following approval.

STATEMENT

This constitutional amendment would restore the death penalty, which was abolished in 2007 by the enactment of P.L.2007, c.204.

The amendment provides that the Legislature shall by law provide for the imposition of the death penalty on persons convicted of certain murders.

The law would heighten the burden of proof as a safeguard against the possibility that an innocent person might receive the death penalty. Under the law, a person would be sentenced to death only if the jury or, if there is no jury, the court, finds with no doubt that all of the aggravating factors of the case outweigh all of the mitigating factors. Aggravating and mitigating factors are relevant circumstances concerning the murder and the defendant's character and history. The law would also provide that if any juror or the court has a residual or lingering doubt the defendant shall not be sentenced to death. Under the prior death penalty statute, a defendant could be sentenced to death upon the lesser finding of "beyond a reasonable doubt."

The amendment also establishes deadlines to shorten the time period for death penalty appeals. Under the amendment, in all cases in which a sentence of death is imposed the appeal to the New Jersey Supreme Court and any proportionality review shall be decided and an opinion reaching the merits filed within 150 days of the certification of the entire record by the sentencing court. A proportionality review is a review to determine whether a defendant's death sentence is disproportionate to the sentences of other defendants convicted of factually similar crimes.

The amendment also provides that in all cases in which a sentence of death is imposed and the New Jersey Supreme Court affirms the defendant's conviction and sentence, no application for post-conviction relief may be filed in the courts of this State after one year from the date of the denial of certiorari or other final action by the United States Supreme Court in respect of defendant's direct appeal. However, the amendment would not prohibit a defendant from applying for a new trial on the grounds that he is innocent of the crime for which he was convicted.

The amendment also includes a provision stating that a failure to comply with the time requirements shall not be grounds for precluding the ultimate imposition of the death penalty.

If approved, the amendment would apply only to persons convicted and sentenced for crimes committed on or after noon on the first day of January next following approval of the amendment by the voters.

The sponsor is naming the proposed amendment the "Respect for the Majority of New Jersey Voters Amendment" in recognition of the fact that opinion polls at the time of the abolition of the death penalty showed that the majority of New Jersey voters supported the death penalty and opposed its abolition. According to a December 2007 Quinnipiac University poll, 78% of New Jersey voters supported keeping the death penalty for "the most violent cases."