Establishes presumption of pretrial detention for persons who commit carjacking, theft of motor vehicle, or burglary.
This bill establishes a rebuttable presumption of pretrial detention for defendants charged with carjacking, theft of a motor vehicle, or burglary, particularly when they have prior convictions or pending charges for these crimes within the past 12 months. Under the bill, courts would generally order pretrial detention for these offenses unless the defendant can provide evidence to the contrary, meeting a preponderance of evidence standard. The bill would expire one year after enactment, requiring the Administrative Office of the Courts to report on how many individuals were detained under this presumption and related outcomes. Currently, similar presumptions only apply to more severe crimes like murder or those carrying life imprisonment sentences.
Bill status
in committee
1 of 4 stages cleared
Introduction
Feb 2024
Committee Review
Floor Vote
Governor
Introduced Feb 5, 2024
Last action Feb 5, 2024
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1
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Committee
0
Feb 5, 2024
Introduced
Introduced in the Assembly, Referred to Assembly Judiciary Committee
lower
2 primary · 0 co-sponsors
Sponsors
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