SENATE BUDGET AND APPROPRIATIONS COMMITTEE

STATEMENT TO

SENATE, No. 1338

with Senate committee amendments

STATE OF NEW JERSEY

DATED: FEBRUARY 10, 1997

      The Senate Budget and Appropriations Committee reports favorably Senate Bill No. 1338 of 1996 with amendments.

      Senate Bill No. 1338, as amended, requires the imposition of an extended prison term and a higher fine against a person who is convicted of a first, second or third degree crime comitted while released on bail from a charge of committing a crime of the first, second or third degree for which the person is also convicted. Upon conviction for the second crime, the defendant would 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 the fine authorized 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 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 for 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) had 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.

      As amended and reported, this bill is identical to Assembly Bill No. 364 of 1996 (Holzapfel/Blee) as amended and reported by this committee on February 10, 1997.

COMMITTEE AMENDMENTS

      The committee amended the bill to correct a reference and a grammatical error.

FISCAL IMPACT

      In a fiscal note prepared by the Office of Legislative Services on this bill, the Department of Corrections stated that no data are available to determine the number of offenders who commit additional offenses while on bail. Thus, it is not possible to determine the additional cost to the State that would result due to increases in incarceration stays resulting from this bill.