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 this presumption if the court finds probable cause that the defendant committed the theft under the specified dangerous circumstances.

Under the amended law, if the presumption of pretrial detention is invoked, the defendant may challenge it by providing evidence to rebut the presumption. The bill also clarifies that the court may consider the nature of the offense and the potential risks to public safety when determining whether to grant bail or impose detention. This change aligns the treatment of motor vehicle theft with other serious crimes that already carry a presumption of detention, thereby enhancing public safety measures in cases involving potentially violent conduct during the commission of theft.

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