Requires waiver of juvenile to adult criminal court for certain criminal homicide offenses involving stalking.

S3278

SENATE, No. 3278

STATE OF NEW JERSEY

222nd LEGISLATURE

�

INTRODUCED FEBRUARY 2, 2026

Sponsored by:

Senator� MICHAEL L. TESTA, JR.

District 1 (Atlantic, Cape May and Cumberland)

Co-Sponsored by:

Senator Henry

SYNOPSIS

���� Requires waiver of juvenile to adult criminal court
for certain criminal homicide offenses involving stalking.

CURRENT VERSION OF TEXT

���� As introduced.

��

An Act
concerning juvenile waiver 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.��� a.� Notwithstanding 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:

���� (1)�� the juvenile was 15
years of age or older at the time of the alleged delinquent act;

���� (2)�� there is probable cause
to believe that the juvenile committed a delinquent act which if committed by
an adult would constitute criminal homicide, other than death by auto; and

���� (3)�� there is probable cause
to believe the juvenile engaged in conduct directed at the victim of the
criminal homicide, other than death by auto, which is prohibited pursuant to
section 1 of P.L.1992, c.209 (C.2C:12-10).

���� b.��� The court shall conduct
a hearing to receive evidence offered by the State and by the juvenile.� The
State shall provide proof to satisfy the requirements set forth in paragraphs
(1) through (3) of subsection a. of this section.

���� c.���� 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.

���� d.��� 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 the
offense which is subject to waiver pursuant to subsection a. 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 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 the offense set forth in subsection a. 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).

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

STATEMENT

���� This bill requires waiver of a
juvenile to adult criminal court for certain criminal homicide offenses
involving stalking.

���� Under current law, juveniles
15 years of age and older at the time of the alleged delinquent act who are
charged with certain offenses, including criminal homicide, other than death by
auto, are eligible to be waived to adult criminal court.

���� Under this bill, the court is
required to waive a juvenile 15 years of age or older at the time of the
alleged delinquent act to adult criminal court if there is probable cause to
believe that the juvenile committed a delinquent act which if committed by an
adult would constitute criminal homicide, other than death by auto, and there
is probable cause to believe the juvenile engaged in conduct directed at the
victim of the criminal homicide, other than death by auto, which constitutes
stalking under current law.

���� The bill also provides that
the court is to conduct a hearing to receive evidence offered by the State and
by the juvenile.� The State is required to provide proof to satisfy the
requirements for waiver set forth under the bill.

���� Under the bill, testimony of a
juvenile at a hearing to determine referral under the bill is not admissible
for any purpose in any subsequent hearing to determine delinquency or guilt of
any offense.

���� Further, consistent with
current statutory law regarding waiver of a juvenile, the bill provides that a
juvenile whose case was waived would serve the juvenile�s sentence in a
juvenile facility rather than an adult facility.� Under the bill, the juvenile�s
case is to proceed in the adult criminal court as if the case originated there,
including through sentencing; however, there is a presumption that the juvenile
will serve a custodial sentence in a juvenile facility until the juvenile
reaches the age of 21.� Juveniles under 21 years of age may be required to
serve the sentence in a State correctional facility if the Youth Justice
Commission finds the juvenile�s continued presence in the facility threatens
the public safety, the safety of juvenile offenders, or the operations of the
commission.� Also, a juvenile may continue to serve a sentence in a juvenile
facility after reaching the age of 21 in the discretion of the commission and
if the juvenile consents.

���� Finally, consistent with
current statutory law regarding waiver of a juvenile, under the bill, certain
juvenile cases waived to an adult

criminal court will be remanded to
the juvenile court for sentencing.� Specifically, if a juvenile was not
convicted of the offense on which

the waiver was based, but was
convicted of another offense, the bill

directs that offense be deemed a
juvenile adjudication and be remanded to the juvenile court for a disposition.�
The juvenile, therefore, would be subject to the penalties under the juvenile
code, rather than those under the adult criminal code.