This bill establishes a rebuttable presumption for pretrial detention of individuals charged with theft of a motor vehicle if, during the commission of the theft, they caused death or serious bodily injury to another person or created a substantial risk of such harm. The bill amends existing law to include theft of a motor vehicle as a qualifying offense for which a prosecutor can seek pretrial detention. Specifically, it adds a new provision that allows for pretrial detention if the court finds probable cause that the defendant engaged in conduct during the theft that resulted in serious bodily injury or death, thereby indicating that no amount of monetary bail or conditions of release would ensure the safety of others or the community.

Additionally, the bill modifies the criteria under which a rebuttable presumption of pretrial detention applies. It removes the previous language that excluded certain crimes from this presumption and inserts new language to include theft of a motor vehicle under specific circumstances. The bill also clarifies the definition of "serious bodily injury" to encompass injuries that create a substantial risk of death or result in significant, lasting impairment. Overall, this legislation aims to enhance public safety by ensuring that individuals charged with serious offenses related to motor vehicle theft are appropriately detained pending trial.

Statutes affected:
Introduced: 2A:162-18, 2A:162-19