Establishes rebuttable presumption that person charged with theft of motor vehicle be detained prior to trial under certain circumstances.

S3267

SENATE, No. 3267

STATE OF NEW JERSEY

222nd LEGISLATURE

�

INTRODUCED FEBRUARY 2, 2026

Sponsored by:

Senator� KRISTIN M. CORRADO

District 40 (Bergen, Essex and Passaic)

Co-Sponsored by:

Senator Henry

SYNOPSIS

���� Establishes rebuttable presumption that person
charged with theft of motor vehicle be detained prior to trial under certain
circumstances.

CURRENT VERSION OF TEXT

���� As introduced.

��

An Act
concerning pretrial detention of certain defendants and
amending 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)
,
or (3)
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.

����
(8)�� theft of a motor
vehicle, pursuant to N.J.S.2C:20-2, if during the course of the theft, the
defendant engaged in conduct that caused death or serious bodily injury to
another person or engaged in conduct which created a substantial risk of death
or serious bodily injury to another person
.

���� 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 theft of a
motor vehicle pursuant to N.J.S.2C:20-2, and during the course of the theft
engaged in conduct that caused death or serious bodily injury to another person
or engaged in conduct which created a substantial risk of death or serious
bodily injury to another person
.

���� 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.

����
h.� For the purposes of
this section, �serious bodily injury� means bodily injury which creates a
substantial risk of death or which causes serious, permanent disfigurement, or
protracted loss or impairment of the function of any bodily member or organ.

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

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

STATEMENT

���� This bill establishes a
rebuttable presumption that a person charged with theft of a motor vehicle is
subject to pretrial detention if, during the course of the theft, the person engaged
in conduct that caused death or serious bodily injury to another person or
engaged in conduct which created a substantial risk of death or serious bodily
injury to another person.�

���� Under current law, a person is
guilty of theft of a motor vehicle if the person unlawfully takes, or exercises
unlawful control over, another person�s motor vehicle with the purpose to
deprive that person of the motor vehicle. Theft of a motor vehicle is a crime
of the third degree.� A crime of the third degree is punishable by up to five
years imprisonment, a fine of up to $15,000, or both.�

���� Additionally under current
law, courts are authorized to order the pretrial release of a defendant pending
further proceedings, or order pretrial detention of defendants who are found to
be a flight risk, a danger to another or the community, or likely to obstruct
further criminal proceedings.�

���� The bill provides that if,
upon motion by the prosecutor, the court finds probable cause a defendant committed
theft of a motor vehicle, and during the course of the theft engaged in conduct
that caused death or serious bodily injury to another person or engaged in
conduct which created a substantial risk of death or serious bodily injury to
another person, there would be a rebuttable presumption that the person be
detained pending trial because no amount of monetary bail, non-monetary
conditions of release, or combination thereof would reasonably assure the
safety of any other person or the community.� The presumption may be rebutted
by the defendant upon a showing of a preponderance of the evidence in support
of the defendant.�

���� Under current law, this
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.