ASSEMBLY LAW AND PUBLIC SAFETY COMMITTEE

STATEMENT TO

ASSEMBLY COMMITTEE SUBSTITUTE FOR

ASSEMBLY, No. 369

STATE OF NEW JERSEY

DATED: JANUARY 29, 1996

      The Assembly Law and Public Safety Committee favorably reports an Assembly Committee Substitutue for Assembly Bill No. 369.

      This committee substitute supplements the "Persistent Offenders Accountability Act," P.L.1995, c.126 (C.2C:43-7.1) to require that first-time and second-time offenders who are convicted of crimes which would trigger, upon a third conviction, the life imprisonment term or extended term of imprisonment authorized under that act be notified of those consequences.

      Under the provisions of the substitute, the court, upon sentencing a person convicted on a first or second occasion of one of the crimes set forth in section 2 of the "Persistent Offenders Accountability Act," is required to inform the person orally and in writing that a third conviction for one of those crimes will result in either life imprisonment without parole or an extended term of imprisonment. The offender is required to acknowledge receipt of the notice in writing. The substitute provides, however, that a failure to receive such a notice or to acknowledge receipt of the notice in writing does not impair the authority of the court to impose either a life imprisonment without parole or an extended term of imprisonment as authorized under the act.

      The crimes for which such notice is required include:

      N.J.S.2C:11-3 Criminal Homicide (murder)

      N.J.S.2C:11-4 Criminal Homicide (aggravated manslaughter)

      N.J.S.2C:12-1 Aggravated Assault (2nd or 3rd degree)

      N.J.S.2C:13-1 Kidnapping

      N.J.S.2C:14-2 Aggravated Sexual Assault

      N.J.S.2C:14-3 Aggravated Criminal Sexual Contact

      N.J.S.2C:15-1 Robbery (1st or 2nd degree)

      N.J.S.2C:15-2 Carjacking

      N.J.S.2C:18-2 Burglary (2nd degree)

      N.J.S.2C:39-4 Possession of Weapons for Unlawful Purpose

      Convictions in another jurisdiction of a crime that is substantially equivalent to those cited are to be treated as prior convictions by the court.

      This bill was pre-filed for introduction in the 1996-1997 legislative session pending technical review. As reported by the committee, the bill contains changes required by technical review which has been performed.