Establishes presumption of pretrial detention for persons who commit carjacking, theft of motor vehicle, or burglary.

A4339

ASSEMBLY, No. 4339

STATE OF NEW JERSEY

222nd LEGISLATURE

�

INTRODUCED FEBRUARY 19, 2026

Sponsored by:

Assemblywoman� SHANIQUE SPEIGHT

District 29 (Essex and Hudson)

SYNOPSIS

���� Establishes presumption of pretrial detention for
persons who commit carjacking, theft of motor vehicle, or burglary.�

CURRENT VERSION OF TEXT

���� As introduced.

��

An Act
concerning carjackings, motor vehicle theft, and
burglary, and amending and supplementing P.L.2014, c.31.

����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:

���� 1. Section 4 of P.L.2014, c.31
(C.2A:162-18) is amended to read as follows:

���� 4. a. (1) The court may order,
before trial, the detention of an eligible defendant charged with any crime, or
any offense involving domestic violence as defined in subsection a. of section
3 of P.L.1991, c.261 (C.2C:25-19), enumerated in subsection a. of section 5 of
P.L.2014, c.31 (C.2A:162-19), if the prosecutor seeks the pretrial detention of
the eligible defendant under section 5 of P.L.2014, c.31 (C.2A:162-19) and
after a hearing pursuant to� that section the court finds clear and convincing
evidence that no amount of monetary bail, non-monetary conditions of pretrial
release or combination of monetary bail and conditions would reasonably assure
the eligible defendant's appearance in court when required, the protection of
the safety of any other person or the community, and that the eligible
defendant will not obstruct or attempt to obstruct the criminal justice
process. The court may also order the pretrial detention of an eligible
defendant when the prosecutor moves for a pretrial detention hearing and the
eligible defendant fails to rebut a presumption of pretrial detention that may
be established for the crimes enumerated under subsection b. of section 5 of
P.L.2014, c.31 (C.2A:162-19).

���� (2)�� For purposes of ordering
the pretrial detention of an eligible defendant pursuant to this section and
section 5 of P.L.2014, c.31 (C.2A:162-19) or pursuant to section 10 of
P.L.2014, c.31 (C.2A:162-24), when determining whether no amount of monetary
bail, non-monetary conditions or combination of monetary bail and conditions
would reasonably assure the eligible defendant's appearance in court when
required, the protection of the safety of any other person or the community, or
that the eligible defendant will not obstruct or attempt to obstruct the
criminal justice process, the court may consider the amount of monetary bail
only with respect to whether it will, by itself or in combination with
non-monetary conditions, reasonably assure the eligible defendant's appearance
in court when required.

���� b.��� Regarding the pretrial
detention hearing moved for by the prosecutor, except for when an eligible
defendant is charged with a crime set forth under paragraph (1)
[
or
]

,
(2)
,
(3), or (4)
of subsection b. of section 5 of P.L.2014, c.31 (C.2A:162-19),
there shall be a rebuttable presumption that some amount of monetary bail,
non-monetary conditions of pretrial release or combination of monetary bail and
conditions would reasonably assure the eligible defendant's appearance in court
when required, the protection of the safety of any other person or the
community, and that the eligible defendant will not obstruct or attempt to
obstruct the criminal justice process.

���� c.���� An eligible defendant
may appeal an order of pretrial detention pursuant to the Rules of Court.� The
appeal shall be heard in an expedited manner.� The eligible defendant shall be
detained pending the disposition of the appeal.

���� d.��� If the court does not
order the pretrial detention of an eligible defendant at the conclusion of the
pretrial detention hearing under this section and section 5 of P.L.2014, c.31
(C.2A:162-19), the court shall order the release of the eligible defendant pursuant
to section 3 of P.L.2014, c.31 (C.2A:162-17).

(cf: P.L.2014, c.31, s.4)

���� 2.� Section 5 of P.L.2014,
c.31 (C.2A:162-19) is amended to read as follows:

���� 5. a. A prosecutor may file a
motion with the court at any time, including any time before or after an
eligible defendant's release pursuant to section 3 of P.L.2014, c.31
(C.2A:162-17), seeking the pretrial detention of an eligible defendant for:

���� (1) any crime of the first or
second degree enumerated under subsection d. of section 2 of P.L.1997, c.117
(C.2C:43-7.2);

���� (2) any crime for which the
eligible defendant would be subject to an ordinary or extended term of life
imprisonment;

���� (3) any crime if the eligible
defendant has been convicted of two or more offenses under paragraph (1) or (2)
of this subsection;

���� (4) any crime enumerated under
paragraph (2) of subsection b. of section 2 of P.L.1994, c.133 (C.2C:7-2) or
crime involving human trafficking pursuant to section 1 of P.L.2005, c.77
(C.2C:13-8) or P.L.2013, c.51 (C.52:17B-237 et al.) when the victim is a minor,
or the crime of endangering the welfare of a child under

N.J.S.2C:24-4;

���� (5) any crime enumerated under
subsection c. of N.J.S.2C:43-6;

���� (6) any crime or offense
involving domestic violence as defined in subsection a. of section 3 of
P.L.1991, c.261 (C.2C:25-19); or

���� (7) any other crime for which
the prosecutor believes there is a serious risk that:

���� (a) the eligible defendant
will not appear in court as required;

���� (b) the eligible defendant
will pose a danger to any other person or the community; or

���� (c) the eligible defendant
will obstruct or attempt to obstruct justice, or threaten, injure, or
intimidate, or attempt to threaten, injure or intimidate, a prospective witness
or juror.

���� b.��� When a motion for
pretrial detention is filed pursuant to subsection a. of this section, there
shall be a rebuttable presumption that the eligible defendant shall be detained
pending trial because no amount of monetary bail, non-monetary condition or combination
of monetary bail and conditions would reasonably assure the eligible
defendant's appearance in court when required, the protection of the safety of
any other person or the community, and that the eligible defendant will not
obstruct or attempt to obstruct the criminal justice process, if the court
finds probable cause that the eligible defendant:

���� (1) committed murder pursuant
to N.J.S.2C:11-3;
[
or
]

���� (2) committed any crime for
which the eligible defendant would be subject to an ordinary or extended term
of life imprisonment
;

����
(3) committed the crime of
motor vehicle theft pursuant to N.J.S.2C:20-2 or burglary in violation of
N.J.S.2C:18-2 in furtherance of motor vehicle theft pursuant to N.J.S.2C:20-2
and the defendant has a prior conviction within the preceding 12 months or
prior pending charges for the crime of motor vehicle theft pursuant to N.J.S.2C:20-2
or burglary pursuant to N.J.S.2C:18-2.� Pursuant to the effective date of
P.L.�� , c.��� (C.��� )(pending before the Legislature as this bill), this
section shall expire one year after enactment, except that the rebuttable
presumption for pretrial detention established by this paragraph shall apply to
any motion for pretrial detention filed pursuant to subsection a. of this
section, regardless of when filed, for a crime committed during the one-year
period that the paragraph is in effect; or

����
(4)�� committed the
carjacking pursuant to P.L.1993, c.221 (C.2C:15-2).� Pursuant to the effective
date of P.L.�� ,
c. (C. )(pending before the Legislature as this bill), this section shall
expire one year after enactment, except that the rebuttable presumption for
pretrial detention established by this paragraph shall apply to any motion for
pretrial detention filed pursuant to subsection a. of this section, regardless
of when filed, for a crime committed during the one-year period that the
paragraph is in effect
.

���� c.���� A court shall hold a
hearing to determine whether any amount of monetary bail or non-monetary
conditions or combination of monetary bail and conditions, including those set
forth under subsection b. of section 3 of P.L.2014, c.31

(C.2A:162-17) will reasonably assure the eligible defendant's appearance in
court when required, the protection of the safety of any other person or the
community, and that the eligible defendant will not obstruct or attempt to
obstruct the criminal justice process.

���� d. (1) Except as otherwise
provided in this subsection, the pretrial detention hearing shall be held no
later than the eligible defendant's first appearance unless the eligible
defendant, or the prosecutor, seeks a continuance.� If a prosecutor files a motion
for pretrial detention after the eligible defendant's first appearance has
taken place or if no first appearance is required, the court shall schedule the
pretrial detention hearing to take place within three working days of the date
on which the prosecutor's motion was filed, unless the prosecutor or the
eligible defendant seeks a continuance.� Except for good cause, a continuance
on motion of the eligible defendant may not exceed five days, not including any
intermediate Saturday, Sunday, or legal holiday.� Except for good cause, a
continuance on motion of the prosecutor may not exceed three days, not
including any intermediate Saturday, Sunday, or legal holiday.

���� (2) Upon the filing of a
motion by the prosecutor seeking the pretrial detention of the eligible
defendant and during any continuance that may be granted by the court, the
eligible defendant shall be detained in jail, unless the eligible defendant was
previously released from custody before trial, in which case the court shall
issue a notice to appear to compel the appearance of the eligible defendant at
the detention hearing.� The court, on motion of the prosecutor or sua sponte,
may order that, while in custody, an eligible defendant who appears to be a
drug-dependent person receive an assessment to determine whether that eligible
defendant is drug-dependent.

���� e. (1) At the pretrial
detention hearing, the eligible defendant has the right to be represented by
counsel, and, if financially unable to obtain adequate representation, to have
counsel appointed.� The eligible defendant shall be afforded an opportunity to
testify, to present witnesses, to cross-examine witnesses who appear at the
hearing, and to present information by proffer or otherwise.� The rules
concerning admissibility of evidence in criminal trials shall not apply to the
presentation and consideration of information at the hearing.

���� (2) In pretrial detention
proceedings for which there is no indictment, the prosecutor shall establish
probable cause that the eligible defendant committed the predicate offense.� A
presumption of pretrial detention as provided in subsection b. of this section
may be rebutted by proof provided by the eligible defendant, the prosecutor, or
from other materials submitted to the court.� The standard of proof for a
rebuttal of the presumption of pretrial detention shall be a preponderance of
the evidence.� If proof cannot be established to rebut the presumption, the
court may order the eligible defendant's pretrial detention.� If the
presumption is rebutted by sufficient proof, the prosecutor shall have the
opportunity to establish that the grounds for pretrial detention exist pursuant
to this section.

���� (3) Except when an eligible
defendant has failed to rebut a presumption of pretrial detention pursuant to
subsection b. of this section, the court's finding to support an order of
pretrial detention pursuant to section 4 of P.L.2014, c.31 (C.2A:162-18) that
no amount of monetary bail, non-monetary conditions or combination of monetary
bail and conditions will reasonably assure the eligible defendant's appearance
in court when required, the protection of the safety of any other person or the
community, and that the eligible defendant will not obstruct or attempt to
obstruct the criminal justice process shall be supported by clear and
convincing evidence.

���� f.���� The hearing may be
reopened, before or after a determination by the court, at any time before
trial, if the court finds that information exists that was not known to the
prosecutor or the eligible defendant at the time of the hearing and that has a
material bearing on the issue of whether there are conditions of release that
will reasonably assure the eligible defendant's appearance in court when
required, the protection of the safety of any other person or the community, or
that the eligible defendant will not obstruct or attempt to obstruct the
criminal justice process.

���� g.��� When a motion for
pretrial detention is filed pursuant to subsection a. of this section, a
pretrial recommendation of no release pursuant to subsection f. of section 6 of
P.L.2014, c.31 (C.2A:162-20) may constitute prima facie evidence to overcome
the presumption of release as set forth in subsection b. of section 4 of
P.L.2014, c.31 (C.2A:162-18), if the court finds probable cause that the
eligible defendant committed any crime for which the eligible defendant would
be subject to a mandatory term of imprisonment pursuant to subsection c. of
N.J.S.2C:43-6 for a crime involving the use or possession of a firearm other
than a violation of:

���� (1) subsection a. or d. of
N.J.S.2C:39-3;

���� (2) paragraph (1) or (2) of
subsection a. of N.J.S.2C:39-4;

���� (3) subsection a. of section 1
of P.L. 1998, c.26 (C.2C:39-4.1); or

���� (4) paragraph (1) of
subsection b. or paragraph (1) or (2) of subsection c. of N.J.S.2C:39-5.

(cf: P.L.2022, c.43, s.1)

���� 3.� (New section)� The
Administrative Office of the Courts shall report to the Legislature and the
Governor after the expiration of P.L.�� , c.�� (C.��� )(pending before the
Legislature as this bill).� The report may be combined with that of any other
body, agency, or study group engaged in reviewing the administration of
criminal justice.� The report shall include, but not be limited to, the number
of individuals detained under the presumption of pretrial detention after an
individual commits the crime of car theft, carjacking, or burglary, the
rehabilitation of offenders, and other related objectives of pretrial
detention.

���� 4. This act shall take effect
immediately and shall expire one year thereafter.

STATEMENT

���� This bill establishes a
rebuttable presumption of pretrial detention for the crimes of car theft,
carjacking, and burglary.

���� The bill provides that if,
upon motion by the prosecutor, the court finds probable cause a defendant committed:
(1) theft of a motor vehicle or burglary in furtherance of car theft and the
defendant has a prior conviction within the preceding 12 months or prior
pending charges for any of those crimes; or (2) carjacking, there would be a
rebuttable presumption that the person be detained pending trial.�

���� Under current law, the
rebuttable presumption applies when the court finds probable cause that the
defendant committed murder or any crime for which the defendant would be
subject to an ordinary or extended term of life imprisonment.� The bill would
expand the rebuttable presumption of pretrial detention to car theft,
carjackings, and burglary.

���� Finally, the bill requires,
after the one-year expiration of the bill, that the Administrative Office of
the Courts (AOC) report to the Legislature and the Governor on the number of
individuals detained under the presumption of pretrial detention after an
individual commits the crime of car theft, carjacking, or burglary, the
rehabilitation of offenders, and other related objectives of pretrial
detention.