ASSEMBLY JUDICIARY COMMITTEE

STATEMENT TO

[First Reprint]

SENATE, No. 250

with committee amendments

STATE OF NEW JERSEY

DATED: NOVEMBER 7, 1996

      The Assembly Judiciary Committee reports favorably and with committee amendments Senate Bill No. 250 (1R).

      Under present law, if a person convicted of murder is not eligible for capital punishment or if the death penalty is sought but not imposed, the person may be sentenced to either a term of 30 years imprisonment with no eligibility for parole or to a term of between 30 years and life imprisonment of which the person must serve 30 years before eligible for parole. This bill would provide that if a person convicted of murder is not sentenced to death, a term of life imprisonment with no eligibility for parole would be imposed when the victim of the offense was less than 14 years old and the homicide was committed either alone or with another person during the commission of a sexual offense. The provisions of the bill apply in cases involving either sexual assault under N.J.S.2C:14-2 or criminal sexual contact under N.J.S.2C:14-3.

      The committee amended the bill by adding language to reflect the provisions of recently enacted P.L.1996, c.115 concerning law enforcement victims and corrected the references in sections 2 and 3 of the bill to the appropriate paragraphs in subsection b. of N.J.S.2C:11-3.

      As amended, this bill is identical to Assembly Bill No. 468 (1R).