Bill Text: NJ S3278 | 2026-2027 | Regular Session | Introduced
Bill Title: Requires waiver of juvenile to adult criminal court for certain criminal homicide offenses involving stalking.
Sponsorship: Partisan Bill (Republican 2)
Status: (Introduced) 2026-02-02 - Introduced in the Senate, Referred to Senate Law and Public Safety Committee [S3278 Detail]
Download: New_Jersey-2026-S3278-Introduced.html
Sponsored by:
Senator MICHAEL L. TESTA, JR.
District 1 (Atlantic, Cape May and Cumberland)
SYNOPSIS
Requires waiver of juvenile to adult criminal court for certain criminal homicide offenses involving stalking.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning juvenile waiver and supplementing Title 2A of the New Jersey Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. Notwithstanding the provisions of section 1 of P.L.2015, c.89 (C.2A:4A-26.1), the court shall waive jurisdiction of a juvenile delinquency case without the juvenile's consent and shall refer the case to the appropriate court and prosecuting authority having jurisdiction if:
(1) the juvenile was 15 years of age or older at the time of the alleged delinquent act;
(2) there is probable cause to believe that the juvenile committed a delinquent act which if committed by an adult would constitute criminal homicide, other than death by auto; and
(3) there is probable cause to believe the juvenile engaged in conduct directed at the victim of the criminal homicide, other than death by auto, which is prohibited pursuant to section 1 of P.L.1992, c.209 (C.2C:12-10).
b. The court shall conduct a hearing to receive evidence offered by the State and by the juvenile. The State shall provide proof to satisfy the requirements set forth in paragraphs (1) through (3) of subsection a. of this section.
c. Testimony of a juvenile at a hearing to determine referral under this section shall not be admissible for any purpose in any subsequent hearing to determine delinquency or guilt of any offense.
d. Upon waiver of jurisdiction and referral to the appropriate court and prosecuting authority having jurisdiction:
(1) the case shall proceed as if it originated in that court and shall be subject to the sentencing provisions available to that court; provided, however, upon conviction for the offense which is subject to waiver pursuant to subsection a. of this section, there shall be a presumption that the juvenile shall serve any custodial sentence imposed in a State juvenile facility operated by the Youth Justice Commission until the juvenile reaches the age of 21, except that:
(a) a juvenile who has not reached the age of 21 may, in the discretion of the Youth Justice Commission, be transferred to the Department of Corrections in accordance with the plan established pursuant to subsection e. of section 7 of P.L.1995, c.284 (C.52:17B-175) and regulations adopted pursuant to that section; and
(b) a juvenile who has reached or exceeds the age of 21 may continue to serve a sentence in a State juvenile facility operated by the Youth Justice Commission in the discretion of the Youth Justice Commission and if the juvenile consents; otherwise the juvenile shall serve the remainder of the custodial sentence in a State correctional facility;
(2) if a juvenile is not convicted of the offense set forth in subsection a. of this section, a conviction for any other offense shall be deemed a juvenile adjudication and be remanded to the Superior Court, Chancery Division, Family Part for disposition, in accordance with the dispositional options available to that court and all records related to the act of delinquency shall be subject to the provisions of section 1 of P.L.1982, c.79 (C.2A:4A-60).
2. This act shall take effect immediately.
STATEMENT
This bill requires waiver of a juvenile to adult criminal court for certain criminal homicide offenses involving stalking.
Under current law, juveniles 15 years of age and older at the time of the alleged delinquent act who are charged with certain offenses, including criminal homicide, other than death by auto, are eligible to be waived to adult criminal court.
Under this bill, the court is required to waive a juvenile 15 years of age or older at the time of the alleged delinquent act to adult criminal court if there is probable cause to believe that the juvenile committed a delinquent act which if committed by an adult would constitute criminal homicide, other than death by auto, and there is probable cause to believe the juvenile engaged in conduct directed at the victim of the criminal homicide, other than death by auto, which constitutes stalking under current law.
The bill also provides that the court is to conduct a hearing to receive evidence offered by the State and by the juvenile. The State is required to provide proof to satisfy the requirements for waiver set forth under the bill.
Under the bill, testimony of a juvenile at a hearing to determine referral under the bill is not admissible for any purpose in any subsequent hearing to determine delinquency or guilt of any offense.
Further, consistent with current statutory law regarding waiver of a juvenile, the bill provides that a juvenile whose case was waived would serve the juvenile's sentence in a juvenile facility rather than an adult facility. Under the bill, the juvenile's case is to proceed in the adult criminal court as if the case originated there, including through sentencing; however, there is a presumption that the juvenile will serve a custodial sentence in a juvenile facility until the juvenile reaches the age of 21. Juveniles under 21 years of age may be required to serve the sentence in a State correctional facility if the Youth Justice Commission finds the juvenile's continued presence in the facility threatens the public safety, the safety of juvenile offenders, or the operations of the commission. Also, a juvenile may continue to serve a sentence in a juvenile facility after reaching the age of 21 in the discretion of the commission and if the juvenile consents.
Finally, consistent with current statutory law regarding waiver of a juvenile, under the bill, certain juvenile cases waived to an adult
criminal court will be remanded to the juvenile court for sentencing. Specifically, if a juvenile was not convicted of the offense on which
the waiver was based, but was convicted of another offense, the bill
directs that offense be deemed a juvenile adjudication and be remanded to the juvenile court for a disposition. The juvenile, therefore, would be subject to the penalties under the juvenile code, rather than those under the adult criminal code.
