Bill Text: NJ SCR240 | 2010-2011 | Regular Session | Introduced

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Bill Title: Proposes constitutional amendment concerning bail and illegal immigrants.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2011-11-21 - Introduced in the Senate, Referred to Senate Judiciary Committee [SCR240 Detail]

Download: New_Jersey-2010-SCR240-Introduced.html

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SENATE CONCURRENT RESOLUTION No. 240

STATE OF NEW JERSEY

214th LEGISLATURE

 

INTRODUCED NOVEMBER 21, 2011

 

 

Sponsored by:

Senator  DAWN MARIE ADDIEGO

District 8 (Burlington)

 

 

 

 

SYNOPSIS

     Proposes constitutional amendment concerning bail and illegal immigrants.

 

CURRENT VERSION OF TEXT

     As introduced.

  

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

 

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

 

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

 

PROPOSED AMENDMENT

 

     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; in addition, the Legislature may pass laws making ineligible for bail persons who are charged with certain crimes and who are present in the United States in violation of federal immigration law.  

 

     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 Attorney General, 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 AUTHORIZING LEGISLATURE TO PASS LAWS MAKING CERTAIN ILLEGAL IMMIGRANTS CHARGED WITH CERTAIN CRIMES INELIGIBLE FOR BAIL
	YES	Shall the proposed constitutional amendment of Article I of the Constitution, agreed to by the Legislature, which provides that the Legislature may pass laws making ineligible for bail persons who are charged with certain crimes and who are present in the United States in violation of federal immigration law, be approved?
		INTERPRETIVE STATEMENT
	NO	If approved, this constitutional amendment would allow the Legislature to pass laws making persons who are charged with certain crimes and are present in the country in violation of federal immigration law ineligible for bail before conviction.  Currently, the Constitution makes all persons, regardless of immigration status, eligible for bail before conviction, except certain persons charged with capital crimes.  If approved, this constitutional amendment would not change the rights of persons lawfully present in the country.

 

 

STATEMENT

 

     This concurrent resolution proposes an amendment to the New Jersey Constitution to permit the Legislature to pass laws concerning the bail eligibility of persons who are charged with certain crimes and who are in the country in violation of federal immigration law.  Currently, the Constitution makes all persons, regardless of immigration status, eligible for bail before conviction, except certain persons charged with capital crimes.

     This amendment would allow the State to deny eligibility for bail to certain classes of persons who are in the country illegally, such as those who are charged with serious, but non-capital, crimes.  Under current law, disqualifying certain classes of illegal aliens from bail is not possible because the Constitution provides that all persons, except certain persons charged with capital crimes, are bailable.  "Bailable" means eligible for bail.  Being eligible for bail before trial does not mean a person will receive bail; the decision to grant bail is made by a court that considers the facts of the individual case.

     This amendment would not affect the rights of citizens or other persons who are legally in the country in accordance with federal immigration law.