SENATE, No. 2215
STATE OF NEW JERSEY
INTRODUCED JUNE 23, 1997
By Senators BASSANO and CONNORS
An Act concerning the waiver of juvenile cases and amending P.L.1982, c.77.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 7 of P.L.1982, c,77 (C.2A:4A-26) is amended to read as follows:
7. Referral to another court without juvenile's consent.
a. [On] Except as provided in subsection e., on motion of the prosecutor, the court shall, without the consent of the juvenile, waive jurisdiction over a case and refer that case from the Superior Court, Chancery Division, Family Part to the appropriate court and prosecuting authority having jurisdiction if it finds, after hearing, that:
(1) The juvenile was 14 years of age or older at the time of the charged delinquent act; and
(2) There is probable cause to believe that the juvenile committed a delinquent act or acts which if committed by an adult would constitute:
(a) [Criminal homicide other than death by auto] Manslaughter, strict liability for drug induced deaths, pursuant to N.J.S.2C:35-9, [robbery which would constitute a crime of the first degree, aggravated sexual assault,] sexual assault[, aggravated assault which would constitute a crime of the second degree, kidnapping or aggravated arson]; or
(b) A crime committed at a time when the juvenile had previously been adjudicated delinquent, or convicted, on the basis of any of the offenses enumerated in subsection a.(2)(a);
(c) A crime committed at a time when the juvenile had previously been sentenced and confined in an adult penal institution; or
(d) An offense against a person committed in an aggressive, violent and willful manner, other than an offense enumerated in subsection a.(2)(a) of this section, or the unlawful possession of a firearm, destructive device or other prohibited weapon, arson or death by auto if the juvenile was operating the vehicle under the influence of an intoxicating liquor, narcotic, hallucinogenic or habit producing drug; or
(e) A violation of N.J.S.2C:35-3, N.J.S.2C:35-4, or N.J.S.2C:35-5; or
(f) Crimes which are a part of a continuing criminal activity in concert with two or more persons and the circumstances of the crimes show the juvenile has knowingly devoted himself to criminal activity as a source of livelihood; or
(g) An attempt or conspiracy to commit any of the acts enumerated in paragraph (a), (d) or (e) of this subsection; or
(h) Theft of an automobile pursuant to chapter 20 of Title 2C of the New Jersey Statutes; and
(3) Except with respect to any of the acts enumerated in subsection a.(2)(a) of this section, or with respect to any acts enumerated in subparagraph (e) of paragraph (2) of subsection a. of this section which involve the distribution for pecuniary gain of any controlled dangerous substance or controlled substance analog while on any property used for school purposes which is owned by or leased to any school or school board, or within 1,000 feet of such school property or while on any school bus, or any attempt or conspiracy to commit any of those acts, the State has shown that the nature and circumstances of the charge or the prior record of the juvenile are sufficiently serious that the interests of the public require waiver.
However, if in any case the juvenile can show that the probability of his rehabilitation by the use of the procedures, services and facilities available to the court prior to the juvenile reaching the age of 19 substantially outweighs the reasons for waiver, waiver shall not be granted.
b. In every case where there is a motion seeking waiver, the prosecutor shall within a reasonable time thereafter file a statement with the Attorney General setting forth the basis for the motion. In addition, the court shall, in writing, state its reasons for granting or denying the waiver motion. The Attorney General shall compile this information and report its findings to the Legislature 18 months after the effective date of this act with the objective of developing, where appropriate, guidelines as to the waiver of juveniles from the Family Part.
c. An order referring a case shall incorporate therein not only the alleged act or acts upon which the referral is premised, but also all other delinquent acts arising out of or related to the same transaction.
d. A motion seeking waiver shall be filed by the prosecutor within 30 days of receipt of the complaint. This time limit shall not, except for good cause shown, be extended.
e. Notwithstanding the provisions of this section, waiver shall be mandatory if there is probable cause to believe that the juvenile committed a delinquent act which if committed by an adult would constitute murder, aggravated manslaughter, aggravated assault which would constitute a crime of the second degree, aggravated sexual assault, robbery which would constitute a crime of the first degree, kidnapping, aggravated arson or carjacking.
(cf: P.L.1991, c.91, s.6)
2. This act shall take effect immediately.
Currently, upon motion of the county prosecutor, the family court may waive jurisdiction over certain juvenile offenders and that juvenile would be tried as an adult.
This bill would require that the juvenile be tried as an adult when the juvenile is charged with murder, aggravated manslaughter, second-degree aggravated assault, aggravated sexual assault, kidnapping, first-degree robbery, aggravated arson and carjacking.
Requires juvenile to be tried as an adult for certain violent crimes.