ASSEMBLY JUDICIARY COMMITTEE

STATEMENT TO

ASSEMBLY, No. 2925

STATE OF NEW JERSEY

DATED: JUNE 12, 1997

      The Assembly Judiciary Committee reports favorably Assembly Bill No. 2925.

      Currently, New Jersey's death penalty statute in subsection g. of N.J.S.2C:11-3 precludes the imposition of the death penalty upon a juvenile who has been tried and convicted as an adult.

      This bill would permit a juvenile who has been tried as an adult and convicted of murder and who was 16 years of age or older at the time of the murder to be sentenced to death by permitting these juveniles to be sentenced pursuant to subsection c. of N.J.S.2C:11-3. If the jury in that separate sentencing proceeding does not return a sentence of death those juveniles would be sentenced pursuant to subsection b. of N.J.S.2C:11-3. Subsection b. provides that a person who is convicted of murder and is not sentenced to death will be sentenced to a term of imprisonment of 30 years without parole eligibility or to a term between 30 years and life imprisonment, of which the person must serve 30 years before becoming eligible for parole.

      Juveniles who are tried and convicted as adults and who are younger than 16 years of age at the time of the murder could not be sentenced to death under this bill and would be sentenced pursuant to the provisions of subsection b. of N.J.S.2C:11-3.