SENATE LAW AND PUBLIC SAFETY COMMITTEE

STATEMENT TO

ASSEMBLY, No. 364

STATE OF NEW JERSEY

DATED: OCTOBER 7, 1996

      The Senate Law and Public Safety Committee reports favorably Assembly Bill No. 364.

      The bill supplements Title 2C of the New Jersey Statutes to authorize increased penalties for a person who commits a first, second or third degree crime while released on bail after being charged with committing a crime of the first, second or third degree and who is subsequently convicted of committing that earlier offense. Upon conviction for the second crime, the defendant would be sentenced to an extended term of imprisonment, as provided under N.J.S.2C:43-7, and subject to a fine that is double the fine authorized under the provisions of N.J.S.2C:43-3.

      Under current law (N.J.S.2C:44-3), the court may, upon application of the prosecuting attorney, sentence a person who has been convicted of a crime of the first, second or third degree to an extended term of imprisonment if the individual has a prior conviction and is a persistent offender, professional criminal, or committed the crime as consideration for anything of pecuniary value. In addition, the court, upon application of the prosecuting attorney, is required to impose an extended term sentence if the offender has a prior conviction for a crime of the first, second or third degree and (1) used or possessed a firearm in the course of committing the crime; (2) acted, in committing the crime, with ill-will, hatred, or bias and with a purpose to intimidate an individual or group of individuals because of race, color, religion, sexual orientation or ethnicity; or (3) has been convicted of a crime of sexual assault or criminal sexual contact involving violence or the threat of violence and the victim of the crime was 16 years of age of less.

      This bill is identical to Senate Bill No. 1338, which also was released by the committee on this date.