ASSEMBLY, No. 437

STATE OF NEW JERSEY

Introduced Pending Technical Review by Legislative Counsel

PRE-FILED FOR INTRODUCTION IN THE 1996 SESSION

By Assemblyman ROMA and Assemblywoman VANDERVALK

An Act concerning plea bargaining and supplementing Title 2C of the New Jersey Statutes.

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

    1. If a defendant charged with a violent crime has been previously convicted, on two or more separate occasions, of violent crimes, no negotiated plea or post conviction agreement may be accepted or considered by the court to resolve that charge.

    As used in this act, "violent crime" means: N.J.S.2C:11-3, murder; N.J.S.2C:11-4, manslaughter; subsection b. of N.J.S.2C:12-1, aggravated assault; N.J.S.2C:13-1, kidnapping; N.J.S.2C:14-2, sexual assault; N.J.S.2C:15-1, robbery; or subsection a., b., or c. of N.J.S.2C:39-4, possession of a firearm, explosive or destructive device for an unlawful purpose.

    2. This act shall take effect immediately.

STATEMENT

    This bill would ban all plea bargaining in cases where a defendant who is charged with a violent crime has been previously convicted, on two or more occasions, of other violent crimes. The bill defines violent crimes as murder, manslaughter, aggravated assault, kidnapping, sexual assault, robbery, or possession of a firearm, explosive or destructive device for an unlawful purpose.

Bans plea bargaining for repeat violent offenders.