S 1528 New Jersey Senate · 2024-2025 Regular Session

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

S 1528 establishes a rebuttable presumption requiring pretrial detention for individuals charged with specific firearm offenses in New Jersey, directly affecting defendants facing charges under N.J.S.2C:39-5 (firearm possession during another crime or when prohibited). The bill mandates that if prosecutors show probable cause for these offenses, courts must presume detention is necessary unless defendants prove otherwise with a preponderance of evidence at a hearing. Key provisions require hearings within three business days of a prosecutor's motion, allow defendants to present evidence to rebut detention, and specify that no bail or conditions would reasonably assure court appearance or community safety. This changes the standard for pretrial release in targeted firearm cases, shifting the burden to defendants to overcome the presumption. The bill does not create new offenses but alters the detention process for existing firearm-related charges.
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 Senate, Referred to Senate Judiciary Committee
upper
2 primary · 0 co-sponsors

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