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 new provisions that create this presumption for violations related to operating a vehicle or vessel under the influence of intoxicants or driving recklessly in designated areas, such as near schools. Additionally, the bill mandates the forfeiture of the vehicle or vessel used in the commission of the offense unless the defendant can prove that such forfeiture would cause undue hardship to their family. The legislation emphasizes the importance of judicial discretion in determining release conditions, focusing on community safety and the likelihood of the defendant's court appearance.

Moreover, the bill specifies that the presumption of pretrial detention applies to the newly included vehicular homicide offenses, alongside existing provisions for murder or crimes punishable by life imprisonment. It outlines the criteria for establishing probable cause and the process for pretrial detention hearings, ensuring defendants have the right to legal representation and the opportunity to present evidence. The bill also allows for the suspension or revocation of the defendant's driving license if pretrial detention is not ordered, ultimately aiming to enhance public safety by ensuring that individuals charged with serious vehicular offenses are detained appropriately pending trial.

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