Bill Text: NJ SCR36 | 2014-2015 | Regular Session | Introduced

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Bill Title: Proposes constitutional amendment to provide that release on bail may be denied under certain conditions to offenders who commit first degree crimes.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2014-01-14 - Introduced in the Senate, Referred to Senate Law and Public Safety Committee [SCR36 Detail]

Download: New_Jersey-2014-SCR36-Introduced.html

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SENATE CONCURRENT RESOLUTION No. 36

STATE OF NEW JERSEY

216th LEGISLATURE

 

PRE-FILED FOR INTRODUCTION IN THE 2014 SESSION

 

 

Sponsored by:

Senator  DONALD NORCROSS

District 5 (Camden and Gloucester)

 

 

 

 

SYNOPSIS

     Proposes constitutional amendment to provide that release on bail may be denied under certain conditions to offenders who commit first degree crimes.

 

CURRENT VERSION OF TEXT

     Introduced Pending Technical Review by Legislative Counsel

  

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

 

     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

 

     Amend Article I, paragraph 11 to read as follows:

     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] that pretrial release may be denied to a defendant charged with a crime of the first degree if, following a hearing, the court finds by clear and convincing evidence that no amount of sureties, non-monetary conditions of pretrial release, or combination of sureties and conditions would assure the defendant's appearance as required, or protect the safety of any person or of the community, or would prevent the defendant from obstructing or attempting to obstruct the criminal justice process.  Defendants denied bail shall have the right to appeal that determination and the right to an expedited trial.  The Legislature may establish by law procedures, terms, and conditions applicable to pretrial release and the denial thereof authorized under this provision.

(cf: Article I, paragraph 11)

 

     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 ALLOW A COURT UNDER CERTAIN CONDITIONS TO DENY BAIL TO A DEFENDANT CHARGED WITH A CRIME OF THE FIRST DEGREE
	YES	Do you approve amending the Constitution to allow a court under certain conditions to deny bail to a defendant charged with a crime of the first degree?
		INTERPRETIVE STATEMENT
	NO	Currently, the Constitution provides that all persons are entitled to bail before conviction except persons charged with capital crimes which are punishable by death.  Since New Jersey no longer has a death penalty, all persons are entitled to bail.    If approved, this constitutional amendment would allow a court under certain conditions to deny bail to a defendant charged with a crime of the first degree.  These crimes include, but are not limited to, murder, kidnapping, aggravated sexual assault, robbery, carjacking, and terrorism.  This change permits a court to deny bail only if the court determines by clear and convincing evidence that it is necessary to protect the community's safety or the safety of a specific person, or to prevent the defendant from obstructing or attempting to obstruct the criminal justice process. The court also could deny bail if there is no way to otherwise ensure that the defendant will appear for trial.  This change would make New Jersey's bail system similar to the Federal government's system of determining bail.     A "yes" vote would amend the Constitution to allow a court under certain conditions to deny bail to a defendant charged with a crime of the first degree.     A "no" vote would leave the Constitution unchanged.  All defendants would still be entitled to bail before conviction.

 

STATEMENT

 

     This concurrent resolution proposes an amendment to the New Jersey Constitution that would enhance the safety of the public, the integrity of the criminal justice process, and reduce reliance on monetary bail, by modifying the constitutional right to bail.           Currently, under the Constitution, all persons are entitled to bail before conviction, except certain persons charged with capital crimes which are punishable by death.  Because New Jersey has eliminated the death penalty, all persons are entitled to bail.

     This amendment authorizes courts under certain conditions to deny pretrial release of offenders who have committed a crime of the first degree.  These crimes include, but are not limited to, murder, vehicular homicide, kidnapping, aggravated sexual assault, robbery, carjacking, and terrorism.

     In order to deny pretrial release, the court would be required to find by clear and convincing evidence that no amount of bail, pretrial release conditions, or combination of bail and conditions would ensure the defendant's appearance for trial.  The court also could deny pretrial release to protect the safety of any person or the community, or to prevent the defendant from obstructing or attempting to obstruct the criminal justice process. The amendment further authorizes the Legislature to enact laws establishing procedures, terms, and conditions applicable to releasing defendants prior to trial and denial of pretrial release.