ASSEMBLY, No. 3110

STATE OF NEW JERSEY

214th LEGISLATURE

 

INTRODUCED JULY 1, 2010

 


 

Sponsored by:

Assemblyman  NELSON T. ALBANO

District 1 (Cape May, Atlantic and Cumberland)

Assemblyman  ROBERT SCHROEDER

District 39 (Bergen)

 

 

 

 

SYNOPSIS

     Increases minimum penalty for aggravated manslaughter under certain circumstances.

 

CURRENT VERSION OF TEXT

     As introduced.

  


An Act concerning manslaughter and amending N.J.S.2C:11-4. 

 

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

 

     1.    N.J.S.2C:11-4 is amended to read as follows:

     2C:11-4.     Manslaughter. a. Criminal homicide constitutes aggravated manslaughter when:

     (1)   The actor recklessly causes death under circumstances manifesting extreme indifference to human life; or

     (2)   The actor causes the death of another person while fleeing or attempting to elude a law enforcement officer in violation of subsection b. of  N.J.S.2C:29-2.  Notwithstanding the provision of any other law to the contrary, the actor shall be strictly liable for a violation of this paragraph upon proof of a violation of subsection b. of N.J.S.2C:29-2 which resulted in the death of another person.  As used in this paragraph, "actor" shall not include a passenger in a motor vehicle.

     b.    Criminal homicide constitutes manslaughter when:

     (1)   It is committed recklessly; or

     (2)   A homicide which would otherwise be murder under section 2C:11-3 is committed in the heat of passion resulting from a reasonable provocation.

     c.     Aggravated manslaughter under paragraph (1) of subsection a. of this section is a crime of the first degree and upon conviction thereof a person may, notwithstanding the provisions of paragraph (1) of subsection a. of N.J.S.2C:43-6, be sentenced to an ordinary term of imprisonment between [10] 15 and 30 years.  Aggravated manslaughter under paragraph (2) of subsection a. of this section is a crime of the first degree.  Manslaughter is a crime of the second degree.

(cf: P.L.2001, c.412, s.1)

 

     2. This act shall take effect immediately and shall apply to crimes occurring on or after the effective date. 

 

 

STATEMENT

 

     This bill would increase the ordinary term of imprisonment for certain cases of aggravated manslaughter from between 10 and 30 years to between 15 and 30 years. Aggravated manslaughter, under paragraph (1) of subsection a. of N.J.S.2C:11-4 occurs when the defendant recklessly causes death under circumstances manifesting extreme indifference to human life.  Currently this type of aggravated manslaughter carries an ordinary term of imprisonment of between 10 and 30 years.