The bill amends New Jersey's criminal homicide laws to establish a rebuttable presumption of pretrial detention for defendants charged with reckless vehicular homicide and strict liability vehicular homicide. This presumption extends to individuals already subject to pretrial detention for murder or crimes that could lead to life imprisonment. The legislation introduces new categories of offenses that warrant pretrial detention, specifically the first or second degree crime of reckless vehicular homicide and the third degree crime of strict liability vehicular homicide. Additionally, it mandates the forfeiture of vehicles used in the commission of these offenses unless the defendant can prove that such forfeiture would cause undue hardship to their family.

The bill also outlines the procedures for pretrial detention hearings, including timelines and defendants' rights, while emphasizing that the presumption of pretrial detention can be rebutted by either the defendant or the prosecutor, with the standard of proof set at a preponderance of the evidence. Furthermore, it allows for the suspension or revocation of licenses for defendants not detained for violations related to reckless driving or vehicular homicide. Overall, the legislative changes aim to enhance public safety by ensuring that individuals charged with serious vehicular offenses are more likely to be detained while awaiting trial.

Statutes affected:
Introduced: 2C:11-5.3, 2A:162-17, 2A:162-19