ASSEMBLY JUDICIARY COMMITTEE

STATEMENT TO

ASSEMBLY, No. 1887

STATE OF NEW JERSEY

DATED: FEBRUARY 10, 1997

      The Assembly Judiciary Committee reports favorably Assembly Bill No. 1887.

      Presently, under the provisions of N.J.S.2C:44-3, if a person who had previously been convicted of a serious crime while armed with a firearm is convicted again of a serious crime involving the use of a firearm, a mandatory extended term of imprisonment must be imposed. In State v. Copeman, 197 N.J. Super. 261 (App. Div. 1984), the court ruled that the language of N.J.S.2C:44-3 does not permit the imposition of an extended term of imprisonment if the prior conviction occurred in a jurisdiction other than New Jersey. This bill would amend N.J.S.2C:44-3 to provide that a conviction in another jurisdiction would constitute a prior conviction for purposes of the extended term of imprisonment for repeat firearm offenders.

      This bill is identical to Senate Bill No. 74.