ASSEMBLY JUDICIARY COMMITTEE

STATEMENT TO

ASSEMBLY, No. 1601

with committee amendments

STATE OF NEW JERSEY

DATED: MAY 20, 1996

      The Assembly Judiciary Committee reports favorably and with committee amendments Assembly Bill No. 1601.

      This bill would prohibit the Office of the Public Defender from taking further appeals in any death penalty case over the objection of the defendant. The bill provides that where the defendant himself refuses further appeals and requests that the death sentence be carried out, the Public Defender's Office could not take further appeals on his behalf. The amendments clarify that proportionality review is included as part of the appeal process and that the defendant knowingly and voluntarily refuses appeal. The amendments also provide that the bill shall apply to pending cases by amending the effective date.

      The bill is intended to clarify existing law snd nothing in this bill is intended to suggest that the Legislature reads the current law to permit representation by the Public Defender when the client does not wish those services.