SENATE, No. 1009

STATE OF NEW JERSEY

INTRODUCED MARCH 21, 1996

By Senators McGREEVEY, KOSCO and Kenny

An Act concerning juvenile delinquency proceedings and amending P.L.1982, c.77 and N.J.S.2C:4-11.

    Be It Enacted by the Senate and General Assembly of the State of New Jersey:

    1. Section 3 of P.L.1982, c.77 (C.2A:4A-22) is amended to read as follows:

    3. General definitions. As used in this act:

  a. "Juvenile" means an individual who is under the age of 18 years, except as provided in subsection b. of this section.

  b. "Adult" means an individual 18 years of age or older, or an individual 16 years of age or older who has committed a crime of the first or second degree.

    c. "Detention" means the temporary care of juveniles in physically restricting facilities pending court disposition.

    d. "Shelter care" means the temporary care of juveniles in facilities without physical restriction pending court disposition.

    e. "Commit" means to transfer legal custody to an institution.

    f. "Guardian" means a person, other than a parent, to whom legal custody of the child has been given by court order or who is acting in the place of the parent or is responsible for the care and welfare of the juvenile.

    g. "Juvenile-family crisis" means behavior, conduct or a condition of a juvenile, parent or guardian or other family member which presents or results in (1) a serious threat to the well-being and physical safety of a juvenile, or (2) a serious conflict between a parent or guardian and a juvenile regarding rules of conduct which has been manifested by repeated disregard for lawful parental authority by a juvenile or misuse of lawful parental authority by a parent or guardian, or (3) unauthorized absence by a juvenile for more than 24 hours from his home, or (4) a pattern of repeated unauthorized absences from school by a juvenile subject to the compulsory education provision of Title 18A of the New Jersey Statutes.

    h. "Repetitive disorderly persons offense" means the second or more disorderly persons offense committed by a juvenile on at least two separate occasions and at different times.

    i. "Court" means the Superior Court, Chancery Division, Family Part unless a different meaning is plainly required.

    j. "Commission" means the Juvenile Justice Commission established pursuant to section 2 of P.L.1995, c.284 (C.52:17B-170).

(cf: P.L.1995, c.280, s.2)

    2. N.J.S.2C:4-11 is amended to read as follows:

    2C:4-11. Immaturity excluding criminal conviction; transfer of proceedings to family court

  a. A person shall not be tried for or convicted of an offense if:

    (1) At the time of the conduct charged to constitute the offense he was less than 14 years of age, in which case the family court shall have exclusive jurisdiction unless pursuant to section 8 of the "New Jersey Code of Juvenile Justice" the juvenile has demanded indictment and trial by jury; or

    (2) At the time of the conduct charged to constitute the offense he was 14, 15, 16 or 17 years of age, unless:

    (a) The family court has no jurisdiction over him;

    (b) The family court has, pursuant to section 7 of "New Jersey Code of Juvenile Justice," entered an order waiving jurisdiction and referring the case to the county prosecutor for the institution of criminal proceedings against him;

    (c) The juvenile has, pursuant to section 8 of the "New Jersey Code of Juvenile Justice," demanded indictment and trial by jury;

    (d) The juvenile is 16 or 17 years of age and has committed a crime of the first or second degree.

    b. No court shall have jurisdiction to try and convict a person of an offense if criminal proceedings against him are barred by subsection a. of this section. When it appears that a person charged with the commission of an offense may be of such an age that proceedings may be barred under subsection a. of this section, the court shall hold a hearing thereon, and the burden shall be on such person to establish to the satisfaction of the court that the proceeding is barred upon such grounds. If the court determines that the proceeding is barred, custody of the person charged shall be surrendered to the family court and the case, including all papers and processes relating thereto shall be transferred.

(cf: P.L.1982, c.77, s.32)

    3. This act shall take effect immediately.

STATEMENT

    Under this bill, a person 16 years of age or older would be prosecuted as an adult rather than a juvenile delinquent if he committed a crime of the first or second degree. Currently, only persons 18 years of age or older are prosecuted as adults, although persons age 14 or over may be prosecuted as adults upon approval of the court.

Provides for prosecution of persons age 16 and older as adults for certain offenses.