S2794

An Act concerning plea bargaining in municipal court 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, a municipal prosecutor may recommend to the court to accept a plea to a lesser or other offense.

b. (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 or offenses. 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) (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) The municipal prosecutor shall not use mail or email as provided in 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).

c. Nothing in this section shall be construed to alter or limit 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 first day of the third month next following the date of enactment.

STATEMENT

This bill allows the municipal prosecutor to use mail or email to engage in discussions and negotiations with defendants concerning plea bargains for certain traffic offenses.

Under current law, in accordance with the Rules of Court adopted by the Supreme Court of New Jersey, a municipal prosecutor may recommend to the municipal court to accept a plea to a lesser or other offense, and may move before the municipal court to amend the original charge.

The bill provides that in a case where the defendant is charged with a traffic offense pursuant to Title 39 of the Revised Statutes, except for certain enumerated offenses, or as otherwise provided by Court Rule, 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 or offenses. The municipal prosecutor could also use mail or email to relay the prosecutor’s final determination as to whether he will recommend that the court accept any such plea.

The bill would not apply to the following enumerated offenses:

- section 5 of P.L.1990, c.10 (C.39:3-10.13) (operating commercial motor vehicle with alcohol concentration of 0.04% or more, or while under the influence of a controlled substance);

- section 16 of P.L.1990, c.10 (C.39:3-10.24) (operator of commercial motor vehicle refusing a breath test);

- R.S.39:3-40 (operating motor vehicle while driver’s license is suspended or revoked);

- R.S.39:4-50 (driving under the influence);

- section 2 of P.L.1981, c.512 (C.39:4-50.4a) (refusal to submit to breath test);

- section 1 of P.L.1999, c.410 (C.39:4-50.15) (driving under the influence with passenger who is a minor);

- section 4 of P.L.1999, c.417 (C.39:4-50.19) (failure to install court-ordered ignition interlock device);

- section 1 of P.L.2007, c.78 (C.39:4-80.1) (failure to comply with school crossing guard’s signal to stop);

- section 1 of P.L.1942, c.192 (C.39:4-128.1) (unlawfully passing a stopped school bus); or

- section 3 of P.L.1952, c.157 (C.12:7-46) (operating a vessel while under the influence).

The bill provides that the Administrative Office of the Courts would promulgate a standardized form to be used in cases where plea bargains are negotiated and resolved by mail or email in municipal court. The municipal prosecutor would send the form to the defendant or the defendant’s attorney by mail or email. The form would be signed by the defendant and notarized and returned to the municipal court. The form would 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 would include all terms of the plea agreement. Under the bill, if the municipal court judge accepts the plea agreement, the judge would dispose of the charges accordingly. The defendant would not be required to appear in person.

The bill specifies that it shall not be construed to alter or limit the 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.