ACR115

A Concurrent Resolution proposing an amendment to Article I, paragraph 11 of the Constitution of the State of New Jersey.

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:

11. No person shall, after acquittal, be tried for the same offense. All persons shall, before conviction, be bailable by sufficient sureties, except [for] as may be provided by law in capital offenses or where a person, who has been previously convicted of sexual assault of a child who was 16 years old or younger, is charged with a second or subsequent sexual assault offense where the victim was 16 years old or younger when the proof is evident or presumption great. Any law providing for the denial of bail shall require a hearing at which time the defendant shall be given the opportunity to be heard.

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."

YES

DENYING RELEASE ON BAIL TO PERSONS IN CERTAIN CIRCUMSTANCES

Shall the amendment to Article I, paragraph 11 of the Constitution, agreed to by the Legislature, providing that bail may be denied after a hearing in a case where a person, who has been previously convicted of sexual assault of a child who was 16 years old or younger, is charged with a second or subsequent sexual assault offense where the victim was 16 years old or younger be approved.

INTERPRETIVE STATEMENT

This constitutional amendment would permit the enactment of a law that a court could deny bail after a hearing in a case where a person, who has been previously convicted of sexual assault of a child who was 16 years old or younger, is charged with a second or subsequent sexual assault offense where the victim was 16 years old or younger.

This proposed constitutional amendment would permit by law that a court could deny bail after a hearing in a case where a person, who has been previously convicted of sexual assault of a child who was 16 years old or younger, is charged with a second or subsequent sexual assault offense where the victim was 16 years old or younger.

Proposes an amendment to the Constitution to provide that release on bail may be denied under certain circumstances.