STATE OF NEW JERSEY
216th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2014 SESSION
Sponsored by:
Senator KEVIN J. O'TOOLE
District 40 (Bergen, Essex, Morris and Passaic)
SYNOPSIS
Provides for automatic waiver of juvenile case to adult court for repeat juvenile offenders.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel
An Act concerning juvenile waiver and supplementing chapter 4A of Title 2A of the New Jersey Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Notwithstanding the provisions of N.J.S.2C:4-11 and section 7 of P.L.1982, c.77 (C.2A:4A-26), the court shall, without the consent of the juvenile, waive jurisdiction over a case and refer that case from the Superior Court, Chancery Division, Family Part to the appropriate court and prosecuting authority having jurisdiction if it finds, after hearing, that:
a. The juvenile was 14 years of age or older at the time of the charged delinquent act;
b. There is probable cause to believe that the juvenile committed a delinquent act or acts which if committed by an adult would constitute criminal homicide other than death by auto; strict liability for drug induced deaths, pursuant to N.J.S.2C:35-9; robbery which would constitute a crime of the first degree; carjacking; aggravated sexual assault; sexual assault; aggravated assault which would constitute a crime of the second degree; kidnapping; aggravated arson; or gang criminality pursuant to section 1 of P.L.2007, c.341 (C.2C:33-29) where the underlying crime is enumerated in this subparagraph, or promotion of organized street crime pursuant to section 2 of P.L.2007, c.341 (C.2C:33-30) which would constitute a crime of the first or second degree which is enumerated in this subparagraph; and
c. The juvenile has two previous adjudications of delinquency or convictions of any of the offenses enumerated in subsection b. of this section.
2. This act shall take effect immediately.
STATEMENT
This bill would provide for automatic waiver of juveniles from family court to adult court if they are repeat offenders.
Specifically, a juvenile 14 years of age or older who is charged with one of the enumerated serious crimes listed under the bill would be automatically waived from family court to adult court if that juvenile has two previous adjudications of delinquency or convictions for any of those enumerated crimes. The enumerated crimes include: homicide, strict liability for drug induced deaths, first degree robbery, carjacking, aggravated sexual assault, sexual assault, second degree aggravated assault, kidnapping, aggravated arson, and certain gang-related crimes.
Under current law, cases involving juveniles 14 years of age or older who are charged with these serious crimes may be transferred without the juvenile's consent from family court to adult court upon motion of the prosecutor. Waiver will not be granted if these juveniles can show that they can rehabilitated by the time they reach 19 years of age.
Under the bill, there would be no prosecutorial discretion or opportunity to show rehabilitation. Juveniles with two adjudications or convictions who are charged with a subsequent serious crime automatically would be tried in adult court.