SENATE, No. 1529

STATE OF NEW JERSEY

214th LEGISLATURE

 

INTRODUCED FEBRUARY 22, 2010

 


 

Sponsored by:

Senator  THOMAS GOODWIN

District 14 (Mercer and Middlesex)

Senator  BILL BARONI

District 14 (Mercer and Middlesex)

 

 

 

 

SYNOPSIS

     Prohibits persons charged with certain gun crimes from entering pretrial intervention programs.

 

CURRENT VERSION OF TEXT

     As introduced.

  


An Act concerning pretrial intervention and supplementing chapter 43 of Title 2C of the New Jersey Statutes.

 

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

 

     1.    A prosecutor shall not recommend the admission into or consent to the referral to a pretrial intervention program of a person who is charged with possessing a firearm with intent to use it against the person of another in violation of subsection a. of N.J.S.2C:39-4, or of a crime under any of the following:  N.J.S.2C:11-3, N.J.S.2C:11-4, N.J.S.2C:12-1b., N.J.S.2C:13-1, N.J.S.2C:14-2a., N.J.S.2C:14-3a., N.J.S.2C:15-1, N.J.S.2C:18-2, or N.J.S.2C:29-5, and who, while in the course of allegedly committing, or attempting to commit, the crime, including the immediate flight therefrom, used or was in possession of a firearm as defined in subsection f. of N.J.S.2C:39-1, without the prior approval of the Attorney General.

 

     2.    This act shall take effect on the first day of the second month following enactment.

 

 

STATEMENT

 

     This bill would disqualify persons who have been charged with certain gun crimes from participating in any pretrial intervention programs. 

     Under the provisions of the bill, a prosecutor would be prohibited from recommending or consenting to any pretrial intervention program for a person who has been charged with (1) possessing a firearm with the intent to use it against the person of another, or (2) of using or possessing a firearm while in the course of committing, attempting to commit, or fleeing from one of the following crimes:  murder, manslaughter, aggravated assault, kidnapping, aggravated sexual assault, aggravated criminal sexual contact, robbery, burglary, or escape, without the prior approval of the Attorney General.

     This bill is modeled on section 6 of P.L.2007, c. 491 (C.2C:43-6.5) which imposed a similar restriction on prosecutors in cases involving public officials and employees charged with crimes touching upon their office or employment.

     The gun crimes covered by this bill are identical to those which are subject to mandatory minimum terms of incarceration under the “Graves Act” (P.L.1981, c.31; subsection c. of N.J.S.2C:43-6).