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) Death by Auto or Vessel 2C:11-5.

(19) Aggravated Assault 2C:12-1b.

(20) Disarming a Law Enforcement Officer P.L.1996, c. 14, s.1 (C.2C:12-11).

(21) Luring or Enticing a child P.L.1993, c.291, s.1 (C.2C:13-6).

(22) Terrorism P.L.2002, c. 26, s.2 (C.2C:38-2).

(23) Producing or Possessing Chemical Weapons, Biological Agents or Nuclear or Radiological Devices P.L.2002, c. 26, s.3 (C.2C:38-3).

"Crime with bail restrictions" also includes a crime of the third or fourth degree charged under any of the following sections:

Aggravated Assault 2C:12-1b.

Reckless Endangerment 2C:12-2b.(2).

Terroristic Threats 2C:12-3.

Luring, Enticing an Adult P.L.2005, c.1 (C.2C:13-7).

Aggravated Criminal Sexual Contact 2C:14-3

Computer Criminal Activity P.L.1984, c. 184, s.4 (C.2C:20-25.).

Booby traps in Manufacturing or Distribution Facilities P.L.1997, c.185, s.1 (2C:35-4.1).

Distribution of CDS on or Within 1,000 feet of School Property P.L.1987, c.101, s.1 (C.2C:35-7).

Unlawful Possession of Weapons 2C:39-5.

Violation of Certain Regulatory Firearms Provisions 2C:39-10.

"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.

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,

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.2007, c.46, s.1)

2. This act shall take effect immediately.

STATEMENT

This bill would add certain crimes within the provisions of N.J.S.A.2A:162-12 concerning crimes with bail restrictions.

Currently, N.J.S.A.2A:162-12 provides that a person charged with an enumerated crime of the first or second degree may only use full cash, certain surety bonds or certain bail bonds as a means of posting bail. Persons charged with these enumerated crimes cannot use the 10% cash option for posting bail.

The bill would add the following crimes of the first and second degree:

� death by auto or vessel (N.J.S.A.2C:11-5);

� aggravated assault (N.J.S.A.2C:12-1);

� disarming a law enforcement officer (N.J.S.A.2C:12-11);

� luring or enticing a child (N.J.S.A.2C:13-6);

� terrorism (N.J.S.A.2C:38-2); and

� producing or possessing chemical weapons, biological agents or nuclear or radiological devices (N.J.S.A.2C:38-3).

In addition, the bill would add the following crimes if graded as a crime of the third or fourth degree:

� aggravated assault (N.J.S.A.2C:12-1b.);

� reckless endangerment (paragraph (2) of subsection b. of N.J.S.A.2C:12-2);

� terroristic threats (N.J.S.A.2C:12-3);

� luring or enticing an adult (N.J.S.A.2C:13-7);

� aggravated criminal sexual contact (N.J.S.A.2C:14-3);

� computer criminal activity (N.J.S.A.2C:20-25);

� booby traps in manufacturing or distribution facilities (N.J.S.A. 2C: 35-4.1);

� distribution of CDS on or within 1,000 feet of school property (N.J.S.A.2C:35-7);

� unlawful possession of weapons (N.J.S.A.2C:39-5); and

� violation of certain regulatory firearms provisions (N.J.S.A. 2C:39-10).