This bill amends existing laws concerning vehicular homicide, specifically addressing reckless vehicular homicide and strict liability vehicular homicide. It establishes a rebuttable presumption for pretrial detention in cases where the defendant is charged with first or second-degree reckless vehicular homicide, particularly if the offense occurred while the individual was under the influence of alcohol or drugs, or while their driver's license was suspended or revoked. The bill also expands the scope of offenses subject to this presumption to include third-degree strict liability vehicular homicide, particularly in connection with DUI violations. Additionally, it allows courts to impose conditions such as the suspension or revocation of the defendant's driver's license if they are released on personal recognizance or an unsecured appearance bond.

Moreover, the bill outlines post-trial consequences, mandating license suspension for those convicted of strict liability vehicular homicide for a period ranging from five years to life, similar to the penalties for reckless vehicular homicide involving DUI violations. It introduces provisions for vehicle forfeiture in cases of strict liability and reckless vehicular homicide, expanding the current law that only permits forfeiture for first-degree crimes. Defendants retain the right to contest the forfeiture if it would result in undue hardship. Overall, the bill aims to enhance public safety by implementing stricter penalties and ensuring that individuals charged with serious vehicular offenses are appropriately detained or monitored during the pretrial phase.

Statutes affected:
Introduced: 2C:11-5.3, 2A:162-17, 2A:162-18, 2A:162-19, 2A:162-20