This bill establishes a rebuttable presumption that individuals charged with theft of a motor vehicle will be detained prior to trial if they engaged in conduct during the theft that resulted in death or serious bodily injury to another person, or created a substantial risk of such outcomes. The bill amends existing law to include theft of a motor vehicle as a crime that can trigger this presumption, alongside other serious offenses. Specifically, it adds a new provision stating that if a prosecutor demonstrates probable cause for such a theft, the court may presume that no amount of monetary bail or conditions of release would ensure the safety of others or the community, thereby justifying pretrial detention.

Additionally, the bill clarifies that the presumption of detention can be rebutted by the defendant, who must provide evidence to the contrary. The language of the bill also defines "serious bodily injury" to include injuries that create a substantial risk of death or result in significant disfigurement or loss of bodily function. This legislative change aims to enhance public safety by ensuring that individuals who pose a significant risk due to their actions during the commission of a crime are detained while awaiting trial.

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