A 2234 New Jersey General Assembly · 2024-2025 Regular Session

Establishes rebuttable presumption that person who commits domestic violence by strangling victim be detained prior to trial.

This bill establishes a rebuttable presumption that individuals charged with domestic violence involving strangulation must be detained before trial. If a court finds probable cause that a defendant committed aggravated assault by strangling a domestic violence victim, they would typically remain in custody pending trial. The defendant can challenge this presumption by demonstrating with a preponderance of evidence that release conditions would reasonably ensure their appearance in court and protect others. This specifically applies to cases where strangulation was used as a method of domestic violence assault, which is already classified as a third-degree crime under New Jersey law. The presumption can be overcome with sufficient evidence presented at a hearing.
Bill status in committee 1 of 4 stages cleared
Introduction
Jan 2024
Committee Review
Floor Vote
Governor
Introduced Jan 9, 2024 Last action Jan 9, 2024
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Jan 9, 2024
Introduced
Introduced in the Assembly, Referred to Assembly Public Safety and Preparedness Committee
lower
2 primary · 2 co-sponsors

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