The bill amends New Jersey's criminal homicide laws to establish a presumption of pretrial detention for individuals charged with reckless vehicular homicide and strict liability vehicular homicide. It introduces a requirement for the forfeiture of the vehicle used in the commission of the offense unless the defendant can prove that such forfeiture would cause serious hardship to their family. Additionally, the bill mandates pretrial detention for specific vehicular offenses related to operating a vehicle under the influence or in certain circumstances involving school properties. It clarifies that the presumption of nonimprisonment does not apply to strict liability vehicular homicide, emphasizing the seriousness of these offenses.

Key changes include the insertion of language that establishes a rebuttable presumption of pretrial detention for defendants charged with these vehicular offenses, alongside existing provisions for murder or life-imprisonable crimes. The bill outlines procedures for pretrial detention hearings, including timelines and defendants' rights, and allows for hearings to be reopened if new information arises. It also stipulates that a court may suspend or revoke a defendant's driver's license if it opts against pretrial detention for reckless driving or vehicular homicide violations. Overall, the bill aims to enhance public safety by ensuring that individuals charged with serious vehicular offenses are appropriately detained while awaiting trial.

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