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
Floor votes
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No floor votes recorded yet.
Full legislative history
Actions timeline
Total actions
1
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0
Committee
0
Jan 9, 2024
Introduced
Introduced in the Assembly, Referred to Assembly Public Safety and Preparedness Committee
lower
2 primary · 2 co-sponsors
Sponsors
Role
Legislator
Party
State
District
P
Annette Quijano
DDemocratic
P
Yvonne Lopez
DDemocratic
Co
Shama Haider
DDemocratic
Co
Shanique Speight
DDemocratic
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