Establishes rebuttable presumption of pretrial detention for child sexual abuse and child endangerment.
This bill establishes a rebuttable presumption of pretrial detention for defendants charged with sexual assault or criminal sexual contact involving a minor, or endangering the welfare of a child. Under this law, if a prosecutor seeks pretrial detention for these specific offenses, the court must order detention unless the defendant provides evidence (by a preponderance of the evidence) showing they are not a flight risk or danger to the community. The defendant is entitled to a hearing to challenge the presumption, but the burden of proof falls on them to overcome it. This change applies only to these child-related offenses and does not alter pretrial detention rules for other crimes.
Bill status
in committee
1 of 4 stages cleared
Introduction
May 2024
Committee Review
Floor Vote
Governor
Introduced May 16, 2024
Last action May 16, 2024
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Full legislative history
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1
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May 16, 2024
Introduced
Introduced in the Assembly, Referred to Assembly Judiciary Committee
lower
1 primary · 3 co-sponsors
Sponsors
Role
Legislator
Party
State
District
P
Michele Matsikoudis
RRepublican
Co
Al Barlas
RRepublican
Co
Bob Auth
RRepublican
Co
John Azzariti
RRepublican
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