Bill Text: NJ S3154 | 2024-2025 | Regular Session | Introduced
Bill Title: Concerns venue for juveniles charged with certain acts of delinquency.
Spectrum: Bipartisan Bill
Status: (Introduced) 2024-05-06 - Introduced in the Senate, Referred to Senate Law and Public Safety Committee [S3154 Detail]
Download: New_Jersey-2024-S3154-Introduced.html
Sponsored by:
Senator VIN GOPAL
District 11 (Monmouth)
SYNOPSIS
Concerns venue for juveniles charged with certain acts of delinquency.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning juveniles and amending P.L.1982, c.77.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 5 of P.L.1982, c.77 (C.2A:4A-24) is amended to read as follows:
5. a. Except as otherwise provided by law, the court shall have exclusive jurisdiction in all cases where it is charged that a juvenile has committed an act of delinquency and over all matters relating to a juvenile-family crisis. Upon the determination that a juvenile has committed an act of delinquency or that a juvenile-family crisis exists, the court may impose such disposition or dispositions over those persons subject to its jurisdiction consistent with the purposes of this act.
Such jurisdiction shall extend in these matters over a juvenile and his parent, guardian or any family member found by the court to be contributing to a juvenile-family crisis. The court shall, in accordance with the Rules of Court, clearly specify the responsibilities of those subject to its jurisdiction with respect to the plan of rehabilitation for the juvenile.
b. The court shall have jurisdiction in respect to the custody of any juvenile who may be held as a material witness in any case pending in the court. Whenever a juvenile is a material witness in any other court, the procedures established by this act shall be followed.
c. Juveniles who appear before the court in any capacity shall be deemed to be wards of the court and protected accordingly.
d. Nothing in this act shall affect the jurisdiction of other courts over offenses committed after a juvenile under the jurisdiction of the court reaches the age of 18 years.
e. When a juvenile is charged with a delinquent act which if committed by an adult would constitute theft of a motor vehicle pursuant to section 1 of P.L.2023, c.101 (C.2C:20-10.1); unlawful taking of a motor vehicle pursuant to N.J.S.2C:20-10; carjacking pursuant to section 1 of P.L.1993, c.221 (C.2C:15-2); or burglary with the intent to commit theft of a motor vehicle pursuant to N.J.S.2C:18-2 and the juvenile has previously been adjudicated delinquent for one of the offenses set forth in this subsection, there shall be a presumption that venue shall be laid in the county where the complaint was filed.
(cf: P.L.1982, c.77, s.5)
2. This act shall take
effect immediately.
STATEMENT
This bill concerns venue for juveniles who are charged with certain acts of delinquency.
Under current New Jersey Court Rules, juvenile delinquency complaints are filed in the county where the incident giving rise to the complaint allegedly occurred. However, when the juvenile charged is domiciled in a county other than the county of the alleged occurrence, venue is to be laid in the county of the juvenile's domicile unless the court finds good cause for venue to be retained in the county where the incident occurred. Venue is the county in which an action or prosecution is brought for trial.
Under the provisions of this bill, when a juvenile is charged with a delinquent act which if committed by an adult would constitute theft of a motor vehicle, unlawful taking of a motor vehicle, carjacking, or burglary with the intent to commit theft of a motor vehicle and the juvenile has previously been adjudicated delinquent for one of the offenses set forth above, there is a presumption that venue is laid in the county where the complaint was filed.
