SENATE, No. 1338
STATE OF NEW JERSEY
INTRODUCED JUNE 20, 1996
By Senator CIESLA
An Act concerning penalties for committing an offense while released on bail and amending and supplementing Title 2C of the New Jersey Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. (New section) a. A person who commits a crime of the first, second or third degree while released on bail after being charged with committing a crime of the first, second or third degree, and who is subsequently convicted of committing that earlier offense shall, for the second crime, be sentenced to an extended term of imprisonment pursuant to the provisions of N.J.S.2C:43-7 and shall be subject to double the fine authorized for that degree of crime under the provisions of N.J.S.2C:43-3.
b. The court shall not impose a sentence of imprisonment pursuant to this subsection unless the ground therefore has been established at a hearing after the conviction of the defendant and on written notice to the defendant of the ground proposed. The defendant shall have the right to hear and controvert the evidence against his and to offer evidence upon the issue.
2. N.J.S.2C:43-7 is amended to read:
2C:43-7. Sentence of Imprisonment for Crime; Extended Terms. a. In the cases designated in section 2C:44-3, a person who has been convicted of a crime may be sentenced, and in the cases designated in subsection e. of section 2 of P.L.1994, c.130 (C.2C:43-6.4) [and] , in subsection b. of section 2 of P.L.1995, c.126 (C.2C:43-7.1) and in the cases designated in section 1 of P.L. , c. (. )(now pending before the Legislature as section 1 of this bill), a person who has been convicted of a crime shall be sentenced, to an extended term of imprisonment, as follows:
(1) In case of aggravated manslaughter sentenced under subsection c. of N.J.S.2C:11-4; or kidnapping when sentenced as a crime of the first degree under paragraph (1) of subsection c. of 2C:13-1; or aggravated sexual assault if the person is eligible for an extended term pursuant to the provisions of subsection g. of N.J.S.2C:44-3 for a specific term of years which shall be between 30 years and life imprisonment;
(2) Except for the crime of murder and except as provided in paragraph (1) of this subsection, in the case of a crime of the first degree, for a specific term of years which shall be fixed by the court and shall be between 20 years and life imprisonment;
(3) In the case of a crime of the second degree, for a term which shall be fixed by the court between 10 and 20 years;
(4) In the case of a crime of the third degree, for a term which shall be fixed by the court between five and 10 years;
(5) In the case of a crime of the fourth degree pursuant to 2C:43-6c., 2C:44-3d., 2C:44-3e. for a term of five years, and in the case of a crime of the fourth degree pursuant to 2C:43-6f. and 2C:43-6g. for a term which shall be fixed by the court between three and five years;
(6) In the case of the crime of murder, for a specific term of years which shall be fixed by the court between 35 years and life imprisonment, of which the defendant shall serve 35 years before being eligible for parole;
(7) In the case of kidnapping under paragraph (2) of subsection c. of 2C:13-1, for a specific term of years which shall be fixed by the court between 30 years and life imprisonment, of which the defendant shall serve 30 years before being eligible for parole.
b. As part of a sentence for an extended term and notwithstanding the provisions of 2C:43-9, the court may fix a minimum term not to exceed one-half of the term set pursuant to subsection a. during which the defendant shall not be eligible for parole or a term of 25 years during which time the defendant shall not be eligible for parole where the sentence imposed was life imprisonment; provided that no defendant shall be eligible for parole at a date earlier than otherwise provided by the law governing parole.
c. In the case of a person sentenced to an extended term pursuant to 2C:43-6c., 2C:43-6f. and 2C:44-3d., the court shall impose a sentence within the ranges permitted by 2C:43-7a.(2), (3), (4) or (5) according to the degree or nature of the crime for which the defendant is being sentenced, which sentence shall include a minimum term which shall, except as may be specifically provided by N.J.S.2C:43-6f., be fixed at or between one-third and one-half of the sentence imposed by the court or five years, whichever is greater, during which the defendant shall not be eligible for parole. Where the sentence imposed is life imprisonment, the court shall impose a minimum term of 25 years during which the defendant shall not be eligible for parole, except that where the term of life imprisonment is imposed on a person convicted for a violation of N.J.S.2C:35-3, the term of parole ineligibility shall be 30 years.
d. In the case of a person sentenced to an extended term pursuant to N.J.S.2C:43-6g., the court shall impose a sentence within the ranges permitted by N.J.S.2C:43-7a(2), (3), (4) or (5) according to the degree or nature of the crime for which the defendant is being sentenced, which sentence shall include a minimum term which shall be fixed at 15 years for a crime of the first or second degree, eight years for a crime of the third degree, or five years for a crime of the fourth degree during which the defendant shall not be eligible for parole. Where the sentence imposed is life imprisonment, the court shall impose a minimum term of 25 years during which the defendant shall not be eligible for parole, except that where the term of life imprisonment is imposed on a person convicted of a violation of N.J.S.2C:35-3, the term of parole eligibility shall be 30 years.
(cf: P.L.1995, c.126, s.3)
3. This act shall take effect immediately.
STATEMENT
The bill supplements Title 2C of the New Jersey Statutes to authorize increased penalties for a person who commits a first, second or third degree crime while released on bail after being charged with committing a crime of the first, second or third degree and who is subsequently convicted of committing that earlier offense. The bill provides that upon conviction for the second crime the defendant be sentenced to an extended term of imprisonment, as provided under N.J.S.2C:43-7, and subject to a fine that is double that authorized for a crime of that degree under the provisions of N.J.S.2C:43-3.
Under current law (N.J.S.2C:44-3), the court may, upon application of the prosecuting attorney, sentence a person who has been convicted of a crime of the first, second or third degree to an extended term of imprisonment if the individual has a prior conviction and is either a persistent offender, professional criminal, or committed the crime as consideration for anything of pecuniary value. In addition, the court, upon application of the prosecuting attorney, is required to impose an extended term sentence if the offender has a prior conviction of a crime of the first, second or third degree and (1) used or possessed a firearm in the course of committing the crime; (2) acted, in committing the crime, with ill-will, hatred, or bias and with a purpose to intimidate an individual or group of individuals because of race, color, religion, sexual orientation or ethnicity; or (3) has been convicted of a crime of sexual assault or criminal sexual contact involving violence
or the threat of violence and the victim of the crime was 16 years of age of less.
Increases penalties for committing serious offenses while released on bail.