Senator RONALD L. RICE
District 28 (Essex)
Requires county prosecutor to determine and report to U.S. Immigration and Customs Enforcement whether persons held for certain violent crimes are lawful residents of the United States.
CURRENT VERSION OF TEXT
An Act concerning county prosecutors and supplementing chapter 158 of Title 2A of the New Jersey Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. The county prosecutor shall investigate to determine whether a person who has been charged with and is being held for any of the crimes hereinafter enumerated is lawfully present in the United States.
If it shall be determined that the person so charged and held is neither a citizen nor a person whose presence in the United States is authorized by federal law, the prosecutor shall so notify United States Immigration and Customs Enforcement in the United States Department of Homeland Security.
b. The provisions of subsection a. of this section shall apply whenever the person is charged with and is being held for a crime of the first or second degree for any of the following crimes:
(1) N.J.S.2C:11-3, murder;
(2) N.J.S.2C:11-4, aggravated manslaughter or manslaughter;
(3) N.J.S.2C:11-5, vehicular homicide;
(4) subsection b. of N.J.S.2C:12-1, aggravated assault;
(5) subsection b. section 1 of P.L.1996, c.14 (C.2C:12-11), disarming a law enforcement officer;
(6) N.J.S.2C:13-1, kidnapping;
(7) subsection a. of N.J.S.2C:14-2, aggravated sexual assault;
(8) subsection b. of N.J.S.2C:14-2 and paragraph (1) of subsection c. of N.J.S.2C:14-2, sexual assault;
(9) N.J.S.2C:15-1, robbery;
(10) section 1 of P.L.1993, c.221 (C.2C:15-2), carjacking;
(11) paragraph (1) of subsection a. of N.J.S.2C:17-1, aggravated arson;
(12) N.J.S.2C:18-2, burglary;
(13) subsection a. of N.J.S.2C:20-5, extortion;
(14) subsection b. of section 1 of P.L.1997, c.185 (C.2C:35-4.1), booby traps in manufacturing or distribution facilities;
(15) N.J.S.2C:35-9, strict liability for drug-induced deaths; (16) section 2 of P.L.2002, c.26 (C.2C:38-2), terrorism; or
(17) section 3 of P.L.2002, c.26 (C.2C:38-3), producing or possessing chemical weapons, biological agents or nuclear or radiological devices.
2. This act shall take effect immediately.
This bill requires the county prosecutor to investigate and determine whether any person who has been charged with and is being held for certain crimes is a lawful resident of the United States.
If the investigation reveals that the person is neither a citizen nor an individual whose presence in the United States is authorized under federal law, the prosecutor is to notify United States Immigration and Customs Enforcement in the United States Department of Homeland Security.
The county prosecutor is only required to conduct the investigation specified in the bill in cases where the individual has been charged with and is being held for certain violent crimes. A violent crime is defined in the bill as the following first and second degree crimes: murder; aggravated manslaughter or manslaughter; vehicular homicide; aggravated assault; disarming a law enforcement officer; kidnapping; aggravated sexual assault; sexual assault; robbery; carjacking; aggravated arson; burglary; extortion; booby traps in manufacturing or distribution facilities; strict liability for drug induced deaths; terrorism; and producing or possessing chemical weapons, biological agents or nuclear or radiological devices.