ASSEMBLY JUDICIARY COMMITTEE

STATEMENT TO

ASSEMBLY, No. 468

with committee amendments

STATE OF NEW JERSEY

DATED: NOVEMBER 7, 1996

      The Assembly Judiciary Committee reports favorably and with committee amendments Assembly Bill No. 468.

      Under present law, if a person convicted of murder is not eligible for capital punishment or if the death penalty is sought but not imposed, the person may be sentenced to either a term of 30 years imprisonment with no eligibility for parole or to a term of between 30 years and life imprisonment of which the person must serve 30 years before eligible for parole. This bill would provide that if a person convicted of murder is not sentenced to death, a term of life imprisonment with no eligibility for parole would be imposed when the victim of the offense was less than 14 years old and the homicide was committed either alone or with another person during the commission of a sexual offense.

      As introduced, the bill would have applied in cases involving victims under the age of 13. The committee adopted an amendment making the bill applicable if the victim was less than 14 years of age. The amendments also clarify that the bill applies in cases involving either sexual assault under N.J.S.2C:14-2 or criminal sexual contact under N.J.S.2C:14-3. Other committee amendments are technical in nature and reflect the provisions of recently enacted P.L.1996, c.115 which added paragraph (2) in subsection b. concerning law enforcement victims and P.L.1995, c.123 which added paragraph (6) in subsection c. concerning victim impact evidence.

      As amended, this bill is identical to S-250(2R).

      This bill was prefiled for introduction in the 1996 session pending technical review. As reported, the bill includes the changes required by technical review which has been performed.