[Corrected Copy]

 

ASSEMBLY CONCURRENT RESOLUTION No. 102

 

STATE OF NEW JERSEY

 

INTRODUCED NOVEMBER 7, 1996

 

 

By Assemblymen GEIST and CARROLL

 

 

A Concurrent Resolution proposing to amend Article VI, Section II of the Constitution of the State of New Jersey by adding a new paragraph 4 thereto.

 

    Be It Resolved by the General Assembly of the State of New Jersey (the Senate concurring):

 

    1. The following proposed amendment to the Constitution of the State of New Jersey is hereby agreed to:

 

PROPOSED AMENDMENT

 

    Amend Article VI, Section II by adding a new paragraph 4 to read as follows:

    4. No provision of this Constitution shall be deemed to require that post-conviction relief proceedings or proportionality review be conducted in a death penalty case when a defendant who is determined to be mentally competent knowingly and voluntarily chooses not to pursue these procedures.

 

    2. When this proposed amendment to the Constitution is finally agreed to pursuant to Article IX, paragraph 1 of the Constitution, it shall be submitted to the people at the next general election occurring more than three months after the final agreement and shall be published at least once in at least one newspaper of each county designated by the President of the Senate, the Speaker of the General Assembly and the Secretary of State, not less than three months prior to the general election.

 

    3. This proposed amendment to the Constitution shall be submitted to the people at that election in the following manner and form:

    There shall be printed on each official ballot to be used at the general election, the following:

    a. In every municipality in which voting machines are not used, a legend which shall immediately precede the question, as follows:

    If you favor the proposition printed below make a cross (X), plus (+) or check (•) in the square opposite the word 'Yes.' If you are opposed thereto make a cross (X), plus (+) or check (•) in the square opposite the word 'No.'

    b. In every municipality the following question:

 


 

 

APPELLATE PROCEEDINGS IN DEATH PENALTY CASES









 

YES

     Do you approve of the amendment to the Constitution of the State of New Jersey agreed to by the Legislature, providing that post-conviction relief proceedings or proportionality review need not be conducted in a death penalty case when a defendant who is determined to be mentally competent knowingly and voluntarily chooses not to pursue these procedures?

 

 

INTERPRETIVE STATEMENT




















 

NO

     Post- conviction relief refers to motions made after a criminal conviction has been upheld on appeal seeking reversal of that conviction on grounds such as ineffective counsel or new evidence. Proportionality review is a part of the appellate process in death penalty cases in which a defendant's death sentence is compared to the sentences imposed in similar cases in order to determine whether the sentence was disproportionate. This constitutional amendment would permit a mentally competent defendant to knowingly and voluntarily choose not to pursue post- conviction relief and proportionality review. In State v. Martini, 144 N.J. 603 (decided June 28, 1996), our Supreme Court held that New Jersey's Constitution presently does not permit the voluntary waiver of post- conviction relief proceedings in death penalty cases.

 

 

STATEMENT

 

    In State v. Martini, 144 N.J. 603 (decided June 28, 1996), our Supreme Court held that mentally competent defendants in death penalty cases could not voluntarily waive post-conviction relief procedures. This proposed constitutional amendment would provide that nothing in New Jersey's Constitution shall be deemed to require that post- conviction relief proceedings and proportionality review be conducted in a death penalty case when a defendant who is determined to be mentally competent knowingly and voluntarily chooses not to pursue these procedures.

    Post-conviction relief refers to motions made after a criminal conviction has been upheld on direct appeal seeking reversal of that conviction on grounds such as ineffective counsel or new evidence. Proportionality review is part of the appellate process in death penalty cases in which a defendant's death sentence is compared to the sentences imposed in similar cases in order to determine whether the sentence was disproportionate.

 

 

                             

 

Amends the State Constitution to permit mentally competent persons to voluntarily waive certain post-conviction procedures in death penalty cases.