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 engaged in conduct 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 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 committed the theft under these serious circumstances.

Additionally, the bill modifies the criteria for pretrial detention hearings by introducing a rebuttable presumption that monetary bail or non-monetary conditions would not adequately ensure the defendant's appearance in court or the safety of others. This presumption can be challenged by the defendant, who must provide evidence to rebut it. The bill also clarifies the definition of "serious bodily injury" to include injuries that create a substantial risk of death or cause significant, lasting impairment. Overall, the 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