Establishes rebuttable presumption that person charged with theft of motor vehicle be detained prior to trial under certain circumstances.
This bill creates a rebuttable presumption that people charged with theft of a motor vehicle must be detained before trial if, during the theft, they caused death or serious bodily injury to another person or created a substantial risk of such injury. The presumption applies specifically to cases where the defendant's conduct during the theft posed a serious threat to public safety. Defendants can overcome this presumption by showing with a preponderance of evidence that conditions of release (such as bail or other restrictions) would reasonably assure their appearance in court, protect public safety, and prevent obstruction of justice. This change aligns the standard for motor vehicle theft with existing requirements for more serious crimes like murder or life imprisonment offenses, while maintaining the right to challenge the presumption. Currently, theft of a motor vehicle is a third-degree crime punishable by up to five years in prison.
Bill status
in committee
1 of 4 stages cleared
Introduction
Mar 2024
Committee Review
Floor Vote
Governor
Introduced Mar 7, 2024
Last action Mar 7, 2024
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Full legislative history
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1
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Mar 7, 2024
Senate · Introduced
Introduced in the Senate, Referred to Senate Judiciary Committee
1 primary · 0 co-sponsors
Sponsors
Role
Legislator
Party
State
District
P
Kristin Corrado
RRepublican
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