SCR61

A Concurrent Resolution proposing to amend to Article VI, Section II of the Constitution of the State of New Jersey by adding a new paragraph 4 thereto.

Be It Resolved by the Senate of the State of New Jersey (the General Assembly concurring):

1. The following proposed amendment to the Constitution of the State of New Jersey is hereby agreed to:

4. In all cases in which a sentence of death is imposed for the crime of murder, the appeal to the Supreme Court shall be decided and an opinion reaching the merits shall be filed within 150 days of certification of the entire record by the sentencing court. In any case in which this time requirement is not met, the Chief Justice of the Supreme Court shall state on the record the extraordinary and compelling circumstances. A failure to comply with the time requirements of this paragraph shall not be grounds for precluding the ultimate imposition of the death penalty.

2. When this proposed amendment to the Constitution is finally agreed to pursuant to Article IX, paragraph 1 of the Constitution, it shall be submitted to the people at the next general election occurring more than three months after the final agreement and shall be published at least once in at least one newspaper of each county designated by the President of the Senate, the Speaker of the General Assembly and the Secretary of State, not less than three months prior to the general election.

3. This proposed amendment to the Constitution shall be submitted to the people at that election in the following manner and form:

There shall be printed on each official ballot to be used at the general election, the following:

a. In every municipality in which voting machines are not used, a legend which shall immediately precede the question, as follows:

If you favor the proposition printed below make a cross (X), plus (+) or check () in the square opposite the word "Yes." If you are opposed thereto make a cross (X), plus (+) or check () in the square opposite the word "No."

		PROCEDURE IN DEATH PENALTY CASES
	YES	Do you approve of the amendment to the Constitution of the State of New Jersey agreed to by the Legislature, providing in all cases in which a sentence of death is imposed for the crime of murder, the appeal to the Supreme Court shall be decided and an opinion reaching the merits shall be filed within 150 days of certification of the entire record by the sentencing court. In any case in which this time requirement is not met, the Chief Justice of the Supreme Court shall state on the record the extraordinary and compelling circumstances causing the delay and the facts supporting these circumstances. A failure to comply with the time requirements of this paragraph shall not be grounds for precluding the ultimate imposition of the death penalty?
		INTERPRETIVE STATEMENT
	NO	This constitutional amendment would provide that in all cases in which a sentence of death is imposed for the crime of murder, the appeal to the Supreme Court shall be decided and an opinion reaching the merits shall be filed within 150 days of certification of the entire record by the sentencing court. The Chief Justice of the Supreme Court shall state on the record the extraordinary and compelling circumstances causing the delay and the facts supporting these circumstances if there is no decision delivered within the time period. A failure to comply with the time requirements shall not be grounds for precluding the ultimate imposition of the death penalty.

This resolution would amend the Constitution to provide that in all cases in which a sentence of death is imposed for the crime of murder, the appeal to the Supreme Court shall be decided and an opinion reaching the merits shall be filed within 150 days of certification of the entire record by the sentencing court. In any case in which the time requirement is not met, the Chief Justice of the Supreme Court shall state on the record the extraordinary and compelling circumstances causing the delay and the facts supporting these circumstances. A failure to comply with the time requirements shall not be grounds for precluding the ultimate imposition of the death penalty.

Amends the Constitution to provide that death penalty appeals shall be decided and an opinion reached by the Supreme Court within 150 days of the availability of the entire record from the sentencing court.