ASSEMBLY, No. 2470

STATE OF NEW JERSEY

214th LEGISLATURE

 

INTRODUCED MARCH 8, 2010

 


 

Sponsored by:

Assemblyman  ANTHONY M. BUCCO

District 25 (Morris)

Assemblyman  RALPH R. CAPUTO

District 28 (Essex)

Assemblyman  MICHAEL PATRICK CARROLL

District 25 (Morris)

 

 

 

 

SYNOPSIS

     Requires court to consider gang affiliation when making bail determinations.

 

CURRENT VERSION OF TEXT

     As introduced.

  


An Act concerning bail and amending and supplementing P.L.1983, c.423.

 

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

 

     1.  (New section) Whenever there is a reasonable basis to believe that a defendant is a member of a criminal street gang, as defined in section 1 of P.L.2007, c.341 (C.2C:33-29), or has committed a crime of gang criminality in violation of section 1 of P.L.2007, c.341 (C.2C:33-29), the court shall consider that information in determining the appropriate amount and conditions of bail and the limits on bail established in P.L.1983, c.423 (C.2C:6-1) shall not be applicable.

 

     2.  Section 1 of P.L.1983, c.423 (C.2C:6-1) is amended to read as follows:

     1.    [No] Except as provided in section 1 of P.L.    , c.    (C.          )(pending before the Legislature as this bill) no person charged with a crime of the fourth degree, a disorderly persons offense or a petty disorderly persons offense shall be required to deposit bail  in an amount exceeding $2,500.00, unless the court finds that the person presents a serious threat to the physical safety of potential evidence or of persons involved in circumstances surrounding the alleged offense or unless the  court finds bail of that amount will not reasonably assure the appearance of  the defendant as required.  The court may for good cause shown impose a higher bail; the court shall specifically place on the record its reasons for  imposing bail in an amount exceeding $2,500.00.

(cf: P.L.1983, c.423, s.1)

 

     3.  This act shall take effect immediately.

 

 

STATEMENT

 

     This bill would require that the court, in making bail determinations, consider whether the defendant is a member of a gang.  Under the bill, if the court finds a reasonable basis to believe that a defendant is a member of a “criminal street gang” or has committed a crime of “gang criminality” then that court would be required to consider that information in determining the appropriate amount and conditions of bail. 

     Under N.J.S.A.2C:6-1, no person charged with a crime of the
fourth degree, a disorderly persons offense or a petty disorderly persons offense can be required to deposit bail in an amount exceeding $2,500.00, unless the court finds that the person presents a serious threat to the physical safety of potential evidence or of persons involved in circumstances surrounding the alleged offense or unless the  court finds bail of that amount will not reasonably assure the appearance of the defendant as required.  Current law does provide for the court to elect, for good cause shown, to impose a higher bail, but requires the court to place on the record its reasons for imposing bail in an amount exceeding $2,500.00.  Under this bill these bail limitations would not apply if the court finds a reasonable basis to believe that a defendant is a member of a “criminal street gang” or has committed a crime of “gang criminality.”