SENATE JUDICIARY COMMITTEE

STATEMENT TO

SENATE, No. 71

with committee amendments

STATE OF NEW JERSEY

DATED: JUNE 23, 1997

      The Senate Judiciary Committee reports favorably and with committee amendments Senate Bill No. 71.

      This bill would amend N.J.S.A.2C:11-3 to provide that the defendant's violation of an existing domestic violence restraining order would constitute an "aggravating factor" to be considered by the jury in making its determination whether to sentence the defendant to death. Under the provisions of the death penalty law, the jury must weigh the "aggravating factors" of a particular case against the "mitigating factors" of that case to determine whether a defendant convicted of murder will be sentenced to death.

      The committee adopted amendments that would conform the provisions of S-71 with the provisions of P.L.1996, c. 115, and P.L.1997, c. 60.

      This bill was prefiled for introduction in the 1996 session pending technical review. As reported, the bill includes the changes required by technical review which has been performed.