SENATE, No. 107



STATE OF NEW JERSEY

208th LEGISLATURE



PRE-FILED FOR INTRODUCTION IN THE 1998 SESSION





Sponsored by:

Senator RICHARD J. CODEY

District 27 (Essex)









SYNOPSIS

Provides mandatory minimum term of parole ineligibility for carjackings committed with a firearm.



CURRENT VERSION OF TEXT

Introduced Pending Technical Review by Legislative Counsel.



An Act concerning the penalties for carjacking and amending P.L.1993, c.221.



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



1. Section 1 of P.L.1993, c.221 (C.2C:15-2) is amended to read as follows:

1. a. Carjacking defined. A person is guilty of carjacking if in the course of committing an unlawful taking of a motor vehicle, as defined in R.S.39:1-1, or in an attempt to commit an unlawful taking of a motor vehicle he:

(1) inflicts bodily injury or uses force upon an occupant or person in possession or control of a motor vehicle;

(2) threatens an occupant or person in control with, or purposely or knowingly puts an occupant or person in control of the motor vehicle in fear of, immediate bodily injury;

(3) commits or threatens immediately to commit any crime of the first or second degree; or

(4) operates or causes said vehicle to be operated with the person who was in possession or control or was an occupant of the motor vehicle at the time of the taking remaining in the vehicle.

An act shall be deemed to be "in the course of committing an unlawful taking of a motor vehicle" if it occurs during an attempt to commit the unlawful taking of a motor vehicle or during an immediate flight after the attempt or commission.

b. Grading. Carjacking 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 and 30 years. A person convicted of carjacking shall be sentenced to a term of imprisonment and that term of imprisonment shall include the imposition of a minimum term of at least five years during which the defendant shall be ineligible for parole; provided, however, that if a firearm was used in the commission of the carjacking, the term of imprisonment shall include the imposition of a minimum term of at least ten years during which the defendant shall be ineligible for parole.

(cf: P.L.1993, c.221, s.1)



2. This act shall take effect immediately.

STATEMENT



This bill would provide that the term of imprisonment imposed on a person convicted of carjacking shall include a minimum term of at least ten years imprisonment with no parole eligiblity if a firearm was used in the commission of the carjacking.