Assemblyman ANTHONY M. BUCCO
District 25 (Morris)
Assemblyman RALPH R. CAPUTO
District 28 (Essex)
Assemblyman MICHAEL PATRICK CARROLL
District 25 (Morris)
Requires court to consider gang affiliation when making bail determinations.
CURRENT VERSION OF TEXT
As reported by the Assembly Judiciary Committee on September 16, 2010, with amendments.
An Act concerning bail and 1[amending and]1 supplementing 1[P.L.1983, c.423] Title 2A of the New Jersey Statutes1.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. 1[(New section) Whenever there is a reasonable basis to believe that ] In determining the appropriate amount and conditions of bail, the court shall, in addition to any other factors, consider whether1 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) 1[, 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]1.
1[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)]1
1[3.] 2.1 This act shall take effect immediately.