Allows juvenile to be tried as adult regardless of age for certain drug offenses resulting in death; imposes life imprisonment for conviction of strict liability for drug induced deaths if victim was under age 18.

A219

ASSEMBLY, No. 219

STATE OF NEW JERSEY

222nd LEGISLATURE

�

PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION

Sponsored by:

Assemblywoman DAWN FANTASIA

District 24 (Morris, Sussex and Warren)

SYNOPSIS

���� Allows juvenile to be tried as adult regardless of
age for certain drug offenses resulting in death; imposes life imprisonment for
conviction of strict liability for drug induced deaths if victim was under age
18.

CURRENT VERSION OF TEXT

���� Introduced Pending Technical Review by Legislative
Counsel.

��

An Act

concerning
juvenile waiver and drug induced deaths, amending
P.
L.2015, c.89 and
N.J.S.2C:35-9, 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.��� N.J.S.2C:35-9 is amended
to read as follows:

���� 2C:35-9.��� Strict Liability
for Drug-Induced Deaths.

���� a.���� Any person who
manufactures, distributes or dispenses methamphetamine, lysergic acid
diethylamide, phencyclidine or any other controlled dangerous substance
classified in Schedules I or II, or any controlled substance analog thereof, in
violation of subsection a. of N.J.S. 2C:35-5, is strictly liable for a death
which results from the injection, inhalation or ingestion of that substance,
and is guilty of a crime of the first degree.

����
Notwithstanding the
provisions of N.J.S.2C:43-6, the actor shall be sentenced by the court to a
term of life imprisonment, during which the actor shall not be eligible for
parole if:

����
(1)�� the victim was a
person under the age of 18; and

����
(2)�� the methamphetamine,
lysergic acid diethylamide, phencyclidine or any other controlled dangerous
substance classified in Schedules I or II, or any controlled substance analog
is in a quantity of one or more ounces including any adulterants or dilutants.�

���� b.��� The provisions of N.J.S.
2C:2-3 (governing the causal relationship between conduct and result) shall not
apply in a prosecution under this section.� For purposes of this offense, the
defendant's act of manufacturing, distributing or dispensing a substance is the
cause of a death when:

���� �(1)� The injection,
inhalation or ingestion of the substance is an antecedent but for which the
death would not have occurred; and

���� �(2)� The death was not:

���� �(a)� too remote in its
occurrence as to have a just bearing on the defendant's liability; or

���� �(b)� too dependent upon
conduct of another person which was unrelated to the injection, inhalation or
ingestion of the substance or its effect as to have a just bearing on the
defendant's liability.

���� c.���� It shall not be a
defense to a prosecution under this section that the decedent contributed to
his own death by his purposeful, knowing, reckless or negligent injection,
inhalation or ingestion of the substance, or by his consenting to the
administration of the substance by another.

���� d.��� Nothing in this section
shall be construed to preclude or limit any prosecution for homicide.�
Notwithstanding the provisions of N.J.S. 2C:1-8 or any other provision of law,
a conviction arising under this section shall not merge with a conviction for
leader of narcotics trafficking network, maintaining or operating a controlled
dangerous substance production facility, or for unlawfully manufacturing,
distributing, dispensing or possessing with intent to manufacture, distribute
or dispense the controlled dangerous substance or controlled substance analog
which resulted in the death.

(cf: P.L.1987, c.106, s.1)

���� 2
.���
Section 1 of P.
L.2015, c.89
(C.
2A:4A-26.1) is amended to
read as follows:

���� 1. a. A prosecutor seeking
waiver of jurisdiction of a juvenile delinquency case by the Superior Court,
Chancery Division, Family Part to an appropriate court and prosecuting
authority without the consent of the juvenile shall file a motion within 60 days
after the receipt of the complaint, which time may be extended for good cause
shown.� The motion shall be accompanied by a written statement of reasons
clearly setting forth the facts used in assessing all factors contained in
paragraph (3) of subsection c. of this section, together with an explanation as
to how evaluation of those facts support waiver for each particular juvenile.

���� b.��� At a hearing, the court
shall receive the evidence offered by the State and by the juvenile.� The State
shall provide proof to satisfy the requirements set forth in paragraphs (1) and
(2) of subsection c. of this section. The court also shall review whether the
State considered the factors set forth in paragraph (3) of subsection c. of
this section.

���� c.���� Except as provided in
paragraph (3) of this subsection
or as otherwise provided in section 3 of P.L.�� , c.�� (C.��� )(pending
before the Legislature as this bill)
, 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; and

���� (2)�� There is probable cause
to believe that the juvenile committed a delinquent act which if committed by
an adult would constitute:

���� (a)�� criminal homicide, other
than death by auto;

���� (b)��
[
strict
liability for drug-induced deaths
]

(Deleted by amendment, (P.L.��� , c.��� ) (pending before the Legislature as
this bill)
;

���� (c)�� first degree robbery;

���� (d)�� carjacking;

���� (e)�� aggravated sexual
assault;

���� (f)�� sexual assault;

���� (g)�� second degree aggravated
assault;

���� (h)�� kidnapping;

���� (i)��� aggravated arson;

���� (j)��� possession of a firearm
with a purpose to use it unlawfully against the person of another under
subsection a. of N.J.S.2C:39-4, or possession of a firearm while committing or
attempting to commit, including the immediate flight therefrom, aggravated assault,
aggravated criminal sexual contact, burglary, home invasion burglary,
residential burglary, or escape;

���� (k)�� a violation of
N.J.S.2C:35-3 (Leader of a Narcotics Trafficking Network);

���� (l)��� a violation of
N.J.S.2C:35-4 (Maintaining and Operating a CDS Production Facility);

���� (m)� a violation of section 1
of P.L.1998, c.26 (C.2C:39-4.1) (Weapons Possession while Committing certain
CDS Offenses);

���� (n)�� an attempt or conspiracy
to commit any of the crimes enumerated in subparagraphs (a) through (m) of this
paragraph; or

���� (o)�� a crime committed at a
time when the juvenile previously had been sentenced and confined in an adult
correctional facility.

���� (3)�� The court may deny a
motion by the prosecutor to waive jurisdiction of a juvenile delinquency case
if it is clearly convinced that the prosecutor abused his discretion in
considering the following factors in deciding whether to seek a waiver:

���� (a)�� The nature and
circumstances of the offense charged;

���� (b)�� Whether the offense was
against a person or property, allocating more weight for crimes against the
person;

���� (c)�� Degree of the juvenile's
culpability;

���� (d)�� Age and maturity of the
juvenile;

���� (e)�� Any classification that
the juvenile is eligible for special education to the extent this information
is provided to the prosecution by the juvenile or by the court;

���� (f)�� Degree of criminal
sophistication exhibited by the juvenile;

���� (g)�� Nature and extent of any
prior history of delinquency of the juvenile and dispositions imposed for those
adjudications;

���� (h)�� If the juvenile
previously served a custodial disposition in a State juvenile facility operated
by the Youth Justice Commission, and the response of the juvenile to the
programs provided at the facility to the extent this information is provided to
the prosecution by the Youth Justice Commission;

���� (i)��� Current or prior
involvement of the juvenile with child welfare agencies;

���� (j)��� Evidence of mental
health concerns, substance use disorder, or emotional instability of the
juvenile to the extent this information is provided to the prosecution by the
juvenile or by the court; and

���� (k)�� If there is an
identifiable victim, the input of the victim or victim's family.�

���� The Attorney General may
develop for dissemination to the county prosecutors those guidelines or
directives deemed necessary or appropriate to ensure the uniform application of
this section throughout the State.

���� d.��� An order waiving
jurisdiction over a case and referring the case to the appropriate court and
prosecuting authority shall specify the alleged act upon which the referral is
based and all other delinquent acts charged against the juvenile arising out of
or related to the same transaction.

���� e.���� 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.

���� f.���� 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 any
offense which is subject to waiver pursuant to paragraph (2) of subsection c. 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 so 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 an offense set forth in paragraph (2) of subsection c. 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);

���� (3)�� With the consent of the
defense and the prosecutor, at any point in the proceedings subsequent to the
decision ordering waiver the court may remand to the Superior Court, Chancery
Division, Family Part if it appears that:

���� (a)�� the interests of the
public and the best interests of the juvenile require access to programs or
procedures uniquely available to that court; and

���� (b)�� the interests of the
public are no longer served by waiver.

���� g. (1) The Youth Justice
Commission, in consultation with the Attorney General, shall establish a
program to collect, record, and analyze data regarding waiver of jurisdiction
of a juvenile delinquency case by the Superior Court, Chancery Division, Family
Part to an appropriate court and prosecuting authority.� In furtherance of this
program, the Youth Justice Commission shall, in cooperation with the
Administrative Office of the Courts, Attorney General, and county prosecutors,
collect data related to the decision to seek waiver of jurisdiction of a
juvenile delinquency case, which shall include but not be limited to data
concerning:�

���� (a)�� youth demographics,
including age, gender, race, and ethnicity;

���� (b)�� case characteristics,
including the degree of the offense waived, the degree of the offense
convicted, and the final court resolution;

���� (c)�� case processing times;
and

���� (d)�� waiver rates by race and
ethnicity.

���� (2)�� The commission shall
prepare and publish on its Internet website biennial reports summarizing the
data collected, recorded, and analyzed pursuant to paragraph (1) of this
subsection.�

���� (3)�� The commission shall,
pursuant to section 2 of P.L. 1991, c.164 (C.52:14-19.1), biennially prepare
and transmit to the Governor and the Legislature the reports required in
paragraph (2) of this subsection, along with any recommendations the commission
may have for legislation concerning waiver of jurisdiction of juvenile
delinquency cases.

(cf:� P.L.2025, c.35, s.3)

���� 3.��� (New section) In
addition to 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 there is probable cause to believe
that a juvenile committed a delinquent act which if committed by an adult would
constitute strict liability for drug induced deaths pursuant to N.J.S.2C:35-9.�

���� 4.��� This act shall take
effect immediately.�

STATEMENT

���� This bill revises the juvenile
waiver law to allow a juvenile to be tried as an adult for the crime of strict
liability for drug-induced deaths.� Specifically, the bill allows a juvenile to
be tried as an adult in cases where
there is probable
cause to believe that the juvenile committed a delinquent act which, if
committed by an adult, would constitute
the crime of strict liability
for drug-induced deaths.

���� In addition, the bill requires
the court to impose a term of life imprisonment on a person convicted of the
crime of strict liability for drug-induced deaths, if the victim was under the
age of 18 and the illegal substance is in a quantity of one or more ounces,
including any adulterants or dilutants.�

���� Under current law, the
crime of strict liability for drug-induced deaths provides
that any person who manufactures, distributes, or dispenses certain controlled
dangerous substances is strictly liable for a death which results from the
injection, inhalation, or ingestion of that substance, and is guilty of a crime
of the first degree.� Current law allows a person who is 15 years of age or
older and commits this crime to be tried as an adult.� This bill establishes
that a person would be tried as an adult, regardless of that person�s age.