An Act concerning crimes with bail restrictions and amending P.L.1994, c.144.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. Section 1 of P.L.1994, c.144 (C.2A:162-12) is amended to read as follows:

1. a. As used in this section:

"Crime with bail restrictions" means a crime of the first or second degree charged under any of the following sections:

(1) Murder 2C:11-3.

(2) Manslaughter 2C:11-4.

(3) Kidnapping 2C:13-1.

(4) Sexual Assault 2C:14-2.

(5) Robbery 2C:15-1.

(6) Carjacking P.L.1993, c.221, s.1 (C.2C:15-2).

(7) Arson and Related Offenses 2C:17-1.

(8) Causing or Risking Widespread

Injury or Damage 2C:17-2.

(9) Burglary 2C:18-2.

(10) Theft by Extortion 2C:20-5.

(11) Endangering the Welfare of Children 2C:24-4.

(12) Resisting Arrest; Eluding Officer 2C:29-2.

(13) Escape 2C:29-5.

(14) Corrupting or Influencing a Jury 2C:29-8.

(15) Possession of Weapons for Unlawful Purposes 2C:39-4.

(16) Weapons Training for Illegal Activities

P.L.1983, c.229, s.1 (C.2C:39-14).

(17) Soliciting or Recruiting Gang Members

P.L.1999, c.160, s.1 (C.2C:33-28).

(18) Human Trafficking P.L.2005, c.77, s.1 (C.2C:13-8).

(19) Certain Persons Not to Have Weapons paragraph (1) of

subsection b. of P.L.1979, c.179, s.6 (C.2C:39-7).

(20) Leader of a Firearms Trafficking Network

P.L.1995, c.405, s.1 (C.2C:39-16).

"Crime with bail restrictions" also includes any first or second degree drug-related crimes under chapter 35 of Title 2C of the New Jersey Statutes and any first or second degree racketeering crimes under chapter 41 of Title 2C of the New Jersey Statutes.

"Crime with bail restrictions" also includes any crime or offense involving domestic violence, as defined in subsection a. of section 3 of P.L.1991, c.261 (C.2C:25-19), where the defendant was subject to a temporary or permanent restraining order issued pursuant to the provisions of the "Prevention of Domestic Violence Act of 1991," P.L.1991, c.261 (C.2C:25-17 et al.) and is charged with a crime committed against a person protected under the order or where the defendant is charged with contempt pursuant to N.J.S.2C:29-9.

"Crime with bail restrictions" also includes a violation of N.J.S.2C:39-5, except for a violation of paragraph (1) of subsection c. of N.J.S.2C:39-5 or unlawful possession of certain firearms which are in the nature of an air gun, spring gun, or pistol or other weapon of a similar nature in which the propelling force is a spring, elastic band, carbon dioxide, compressed or other gas or vapor, air or compressed air, or is ignited by compressed air, and ejecting a bullet or missile smaller than three-eighths of an inch in diameter, with sufficient force to injure a person, by a person who:

(a) previously has been convicted of a crime of the first, second, or third degree; or

(b) has been charged with a crime of the first, second, or third degree for conduct arising from the same incident as the violation of N.J.S.2C:39-5.

"Crime with bail restrictions" also includes any crime of the third degree under section 6 of P.L.1979, c.179 (C.2C:39-7), Certain Persons Not to Have Weapons.

b. Subject to the provisions of subsection c. of this section, a person charged with a crime with bail restrictions may post the required amount of bail only in the form of:

(1) Full cash;

(2) A surety bond executed by a corporation authorized under chapter 31 of Title 17 of the Revised Statutes; or

(3) A bail bond secured by real property situated in this State with an unencumbered equity equal to the amount of bail undertaken plus $20,000.

c. There shall be a presumption in favor of the court designating the posting of full United States currency cash bail to the exclusion of other forms of bail when a defendant is charged with an offense as set forth in subsection a. of this section and:

(1) has two other indictable cases pending at the time of the arrest; or

(2) has two prior convictions for a first or second degree crime or for a violation of section 1 of P.L.1987, c.101 (C.2C:35-7) or any combination thereof; or

(3) has one prior conviction for murder, aggravated manslaughter, aggravated sexual assault, kidnapping or bail jumping; or

(4) was on parole at the time of the arrest; or

(5) was subject to a temporary or permanent restraining order issued pursuant to the provisions of the "Prevention of Domestic Violence Act of 1991," P.L.1991, c.261 (C.2C:25-17 et al.), was charged with a crime committed against a person protected under that order, including a charge of contempt pursuant to N.J.S.2C:29-9, and either: (a) is charged with commission of a domestic violence crime that resulted in serious bodily injury to the victim; or (b) has at least one prior conviction for a crime or offense involving domestic violence against the same victim or has previously violated a final restraining order protecting the same victim [,] ; or

(6) is charged with a violation of N.J.S.2C:39-5, except for a violation of paragraph (1) of subsection c. of N.J.S.2C:39-5 or unlawful possession of certain firearms which are in the nature of an air gun, spring gun, or pistol or other weapon of a similar nature in which the propelling force is a spring, elastic band, carbon dioxide, compressed or other gas or vapor, air or compressed air, or is ignited by compressed air, and ejecting a bullet or missile smaller than three-eighths of an inch in diameter, with sufficient force to injure a person, and (a) previously has been convicted of a crime of the first, second, or third degree, or (b) has been charged with a crime of the first, second, or third degree for conduct arising from the same incident as the violation of N.J.S.2C:39-5; or

(7) has two prior convictions for any crime of the third degree under paragraph (2) or paragraph (3) of subsection b. of section 6 of P.L.1979, c.179 (C.2C:39-7), Certain Persons Not to Have Weapons,

unless the court finds on the record that another form of bail authorized in subsection b. of this section will ensure the defendant's presence in court when required.

d. When bail is posted in the form of a bail bond secured by real property, the owner of the real property, whether the person is admitted to bail or a surety, shall also file an affidavit containing:

(1) A legal description of the real property;

(2) A description of each encumbrance on the real property;

(3) The market value of the unencumbered equity owned by the affiant as determined in a full appraisal conducted by an appraiser licensed by the State of New Jersey; and

(4) A statement that the affiant is the sole owner of the unencumbered equity.

e. Nothing herein is intended to preclude a court from releasing a person on the person's own recognizance when the court determines that such person is deserving.

(cf: P.L.2013, c.51, s.15)

2. This act shall take effect immediately.

STATEMENT

This bill adds certain weapons offenses to the list of crimes with bail restrictions under current law.

Currently, section 1 of P.L.1994, c.144 (C.2A:162-12) designates certain crimes as "crimes with bail restrictions." The statute provides that if a defendant is charged with such a crime he may post the required amount of bail only in the form of (1) full cash; (2) a surety bond executed by a corporation; or (3) a bail bond secured by real property with an unencumbered equity equal to the amount of bail undertaken plus $20,000.

Under current law, bail restrictions are attached to charges for the following first or second degree crimes: murder; manslaughter; kidnapping; sexual assault; robbery; carjacking; arson; causing or risking widespread injury or damage; burglary; theft by extortion; endangering the welfare of a child; resisting arrest; eluding; escape; corrupting or influencing a jury; possession of weapons for unlawful purposes; weapons training for illegal activities; soliciting or recruiting gang members; and human trafficking.

This bill adds the second and third degree crimes of possession of a firearm in violation of subsection b. of section 6 of P.L.1979, c.179 (C.2C:39-7), certain persons not to have weapons, and the first degree crime of leader of a firearms trafficking network pursuant to the provisions of section 1 of P.L.1995, c.405 (C.2C:39-16) to the list of crimes with bail restrictions.

The bill also expands the list of crimes with bail restrictions to include second or third degree crimes of unlawful possession of a firearm in violation of N.J.S.2C:39-5 by a person who has either previously been convicted of a crime of the first, second or third degree, or been charged with a crime of the first, second or third degree for conduct arising from the same circumstances as the violation of N.J.S.2C:39-5. The imposition of bail restrictions is not applicable if the unlawfully possessed firearm is an unloaded rifle or shotgun, or a BB gun, air gun or spring gun.

In addition, current law provides for a presumption in favor of the court designating the posting of full United States currency cash bail to the exclusion of other forms of bail when a defendant is charged with a crime with bail restrictions and:

(1) has two other indictable cases pending at the time of the arrest; or

(2) has two prior convictions for a first or second degree crime or for a violation of section 1 of P.L.1987, c.101 (C.2C:35-7), distributing controlled dangerous substances near or on school property; or

(3) has one prior conviction for murder, aggravated manslaughter, aggravated sexual assault, kidnapping or bail jumping; or

(4) was on parole at the time of the arrest; or

(5) commits certain domestic violence offenses.

This bill adds that the presumption of full cash bail also applies if the offender is charged with a violation of N.J.S.2C:39-5, unlawful possession of weapons, and the offender (1) previously has been convicted of a crime of the first, second, or third degree, or (2) has been charged with a crime of the first, second, or third degree for conduct arising from the same incident as the violation of N.J.S.2C:39-5. This provision is not applicable if the weapon that was unlawfully possessed was an unloaded rifle or shotgun or a BB gun, air gun, or spring gun.

In addition, the presumption of full cash bail applies if the offender has two prior convictions for any crime of the third degree under P.L.1979, c.179 (C.2C:39-7), unlawful possession of a weapon by certain persons.