This bill amends existing New Jersey law to establish a rebuttable presumption that individuals charged with theft of a motor vehicle will be detained prior to trial under specific circumstances. The presumption applies if the prosecutor demonstrates probable cause that the defendant not only committed the theft but also 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. This change is significant as it adds theft of a motor vehicle to the list of offenses that can lead to pretrial detention, alongside serious crimes like murder and those punishable by life imprisonment.

The bill also clarifies that if the court finds probable cause for the aforementioned conditions, it will presume that no amount of monetary bail or non-monetary conditions would ensure the safety of others or the community, thereby justifying pretrial detention. The defendant retains the right to rebut this presumption by providing evidence to the contrary. Additionally, the bill includes a definition of "serious bodily injury" to provide clarity on the types of injuries that would trigger this presumption. Overall, the legislation aims to enhance public safety by allowing for stricter pretrial detention measures in cases involving serious offenses related to motor vehicle theft.

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