ASSEMBLY, No. 862

STATE OF NEW JERSEY

Introduced Pending Technical Review by Legislative Counsel

PRE-FILED FOR INTRODUCTION IN THE 1996 SESSION

By Assemblymen MALONE and COTTRELL

An Act concerning the admissibility of certain evidence in criminal proceedings 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. Notwithstanding any provision of law to the contrary, in a criminal prosecution involving any of the following crimes: N.J.S.2C:11-3 (murder); N.J.S.2C:11-4 (manslaughter); paragraphs (1) through (6) of subsection b. of N.J.S.2C:12-1 if the victim suffers bodily injury (aggravated assault); N.J.S.2C:13-1 (kidnapping); N.J.S.2C:14-2 (sexual assault); N.J.S.2C:14-3 (criminal sexual contact); N.J.S.2C:15-1 (robbery); or N.J.S.2C:18-2 (burglary), in which an adult defendant introduces, as part of the defense, unsubstantiated abuse while a child, the prosecution may introduce evidence of prior convictions or juvenile adjudications.

    2. This act shall take effect immediately.

STATEMENT

    This bill provides that when a defendant in a criminal prosecution involving certain serious offenses introduces unsubstaintiated abuse while a child, the prosecution may introduce evidence of prior convictions or juvenile adjudications involving the defendant. It is the sponsor's view that evidence that defendant has a record of offenses should be available as rebuttal to defense evidence introduced to show that the defendants actions resulted from childhood abuse.

Permits evidence of prior convictions or juvenile adjudications in certain criminal cases.