ACR90

A Concurrent Resolution proposing to amend Article I, paragraph 12 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:

12. Excessive bail shall not be required, excessive fines shall not be imposed, and cruel and unusual punishments shall not be inflicted. It shall not be cruel and unusual punishment to impose the death penalty on a person convicted of purposely or knowingly causing death or purposely or knowingly causing serious bodily injury resulting in death who committed the homicidal act by his own conduct or who as an accomplice procured the commission of the offense by payment or promise of payment of anything of pecuniary value.

It shall not be cruel and unusual punishment to impose the death penalty on every person convicted of the murder of a law enforcement officer acting in the performance of his duties while in uniform or after exhibiting evidence of his authority if the person purposely or knowingly caused the death of the law enforcement officer or purposely or knowingly caused serious bodily injury resulting in the death of the law enforcement officer.

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.'

		DEATH PENALTY FOR MURDER OF A LAW ENFORCEMENT OFFICER
	YES	Shall the amendment to Article I, paragraph 12 of the Constitution, providing that it is not cruel and unusual punishment to impose the death penalty on every person convicted of the murder of a law enforcement officer acting in the performance of his duties while in uniform or after exhibiting evidence of his authority, if the person purposely or knowingly caused the death of the law enforcement officer or purposely or knowingly caused serious bodily injury resulting in the death of the law enforcement officer, be approved?
		INTERPRETIVE STATEMENT
	NO	This constitutional amendment would provide that it is not cruel and unusual punishment under our State Constitution to impose the death penalty on every person who is convicted of the purposeful and knowing murder of a law enforcement officer acting in the performance of his duties or after exhibiting evidence of his authority.

Under current law, a person convicted of purposeful or knowing murder who committed the act by his own conduct is subject to the death penalty, but will only receive the death penalty if the jury weighs the aggravating factors and the mitigating factors of the particular circumstances of his case and determines that all of the aggravating factors outweigh beyond a reasonable doubt all of the mitigating factors. If the jury does not so determine, the court cannot sentence the person to death but can sentence him to a term of 30 years without parole eligibility, or to a specific term between 30 years and life imprisonment, of which the person must serve 30 years before being eligible for parole.

This proposed constitutional amendment would allow every person who murders a law enforcement officer to be sentenced to death without any consideration of aggravating and mitigating factors. The proposed amendment provides that it is not cruel and unusual punishment under our State constitution to impose the death penalty on every person convicted of the murder of a law enforcement officer acting in the performance of his duties while in uniform or after exhibiting evidence of his authority if the person purposely or knowingly caused the death of the law enforcement officer or purposely or knowingly caused serious bodily injury resulting in the death of the law enforcement officer.

Amends the State Constitution to provide that it is not cruel and unusual punishment to impose the death penalty on all persons who murder law enforcement officers acting in the performance of their duties.