This bill amends the current law regarding pretrial release by eliminating the presumption of pretrial release for defendants charged with repeat home invasion offenses. Specifically, the bill states that the presumption of pretrial release shall not apply to defendants who have been previously arrested or convicted for home invasion burglary or burglary of a residence on one or more prior and separate occasions. This change is intended to enhance public safety by allowing courts to exercise greater discretion in determining whether to grant pretrial release to individuals with a history of such offenses.

In addition to home invasion offenses, the bill also maintains the existing provisions that exclude the presumption of pretrial release for defendants charged with other serious crimes, including murder and motor vehicle theft. The overall aim of the legislation is to ensure that individuals who pose a potential risk to public safety or are likely to obstruct the criminal justice process are not automatically granted pretrial release, thereby reinforcing the integrity of the judicial system. The bill is set to take effect immediately upon enactment.

Statutes affected:
Introduced: 2A:162-17