[Third Reprint]

ASSEMBLY, No. 4367

STATE OF NEW JERSEY

219th LEGISLATURE

 

INTRODUCED JUNE 29, 2020

 

 

Sponsored by:

Assemblyman  RAJ MUKHERJI

District 33 (Hudson)

Assemblywoman  SHAVONDA E. SUMTER

District 35 (Bergen and Passaic)

Assemblyman  ADAM J. TALIAFERRO

District 3 (Cumberland, Gloucester and Salem)

Senator  NELLIE POU

District 35 (Bergen and Passaic)

Senator  NICHOLAS P. SCUTARI

District 22 (Middlesex, Somerset and Union)

 

Co-Sponsored by:

Assemblywomen Reynolds-Jackson, Tucker, Swain, McKnight and Assemblyman Wimberly

 

 

 

 

SYNOPSIS

     Provides that AOC shall administer program for municipal courts allowing defendants to engage in online plea negotiations, entry of guilty plea, and payment of fine or penalty.

 

CURRENT VERSION OF TEXT

     As reported by the Senate Judiciary Committee on October 22, 2020, with amendments.

 

An Act concerning 3[plea bargaining in] certain3 municipal court 3procedures,3 and amending P.L.2000, c.75.

 

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

 

      1.   Section 2 of P.L.2000, c.75 (C.2B:25-11) is amended to read as follows:

     2.    a.   In accordance with the Rules of Court adopted by the Supreme Court of New Jersey 3or procedures promulgated by the Administrative Office of the Courts3, a municipal prosecutor may recommend to the court to accept a plea to a lesser or other offense.

     b.    3[(1) Except as set forth in paragraph (2) of this subsection or as otherwise provided by the Rules of Court, in a case where the defendant is charged with a violation of a provision of Title 39 of the Revised Statutes the municipal prosecutor may use mail or email to engage in discussions and negotiations with the defendant or the defendant’s attorney concerning a plea by the defendant to a lesser or other offense 2or offenses2.  The municipal prosecutor may also use mail or email to relay to the defendant or his attorney the prosecutor’s final determination as to whether he will recommend that the court accept any such plea.

     (2)   2(a)   The Administrative Office of the Courts shall promulgate a standardized form to be used in cases pursuant to this subsection.  The municipal prosecutor shall send the form to the defendant or the defendant’s attorney by mail or email.  The form shall be signed by the defendant and notarized and returned to the court.  The form shall state that the defendant waives his right to appearance in court and waives his right to trial, and pleads guilty to the specific offense or offenses pursuant to the plea agreement.  The form shall include all terms of the plea agreement.

     (b)   If the judge accepts the plea agreement, the judge shall dispose of the charges accordingly. The defendant shall not be required to appear in person.

     (3)2   The municipal prosecutor shall not use mail or email as provided in 2[paragraph (1) of]2 this subsection in any case where the defendant is charged with a violation of any of the following: section 5 of P.L.1990, c.10 (C.39:3-10.13); section 16 of P.L.1990, c.10 (C.39:3-10.24); R.S.39:3-40; R.S.39:4-50; section 2 of P.L.1981, c.512 (C.39:4-50.4a); section 1 of P.L.1999, c.410 (C.39:4-50.15); section 4 of P.L.1999, c.417 (C.39:4-50.19); section 1 of P.L.2007, c.78 (C.39:4-80.1); section 1 of P.L.1942, c.192 (C.39:4-128.1); or section 3 of P.L.1952, c.157 (C.12:7-46).]

   (1)  The Administrative Office of the Courts has developed and shall administer a Municipal Case Resolution Program that would allow a defendant charged with a matter falling within the jurisdiction of the municipal court to engage in online:

     (a)  plea negotiations with a municipal prosecutor;

     (b)  entry of a guilty plea; and

     (c)  payment of a fine or penalty.

     (2)    A municipal prosecutor shall use the Municipal Case Resolution Program developed by the Administrative Office of the Courts.3

     c.  Nothing in this section shall be construed to alter or limit 2[1:

     (1)   the defendant’s obligation to be physically present at sentencing or other final determination by the court;  or

     (2)1]2    the authority or discretion of the Supreme Court to regulate the practice of plea agreements in municipal court, or to alter or limit the authority or discretion of a prosecutor.

(cf: P.L.2000, c.75, s.2)

 

     2.    This act shall take effect on the 1[60th day] first day of the third month next1 following 1the date of1 enactment.