A 872 New Jersey General Assembly · 2024-2025 Regular Session

Establishes rebuttable presumption that person charged with certain firearm offenses be detained prior to trial.

This bill establishes a rebuttable presumption requiring courts to detain defendants charged with specific firearm offenses before trial, unless the defendant proves otherwise. It directly affects individuals accused of possessing a firearm during the commission of another crime or violating a firearm prohibition (e.g., after a conviction for a serious offense under N.J.S.2C:39-7). Under the bill, if a court finds probable cause for these offenses, the defendant must be detained pending trial unless they demonstrate by a preponderance of evidence that release conditions would ensure court appearance and community safety. The presumption can be challenged at a hearing where the defendant may present evidence, but the burden shifts to them to rebut the detention requirement. This applies specifically to firearm-related charges, not general pretrial detention rules.
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 Judiciary Committee
lower
2 primary · 0 co-sponsors

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