S 4417 New Jersey Senate · 2026-2027 Regular Session

Requires jury, rather than court, to determine whether certain defendants are persistent offenders.

This New Jersey bill requires that a jury, instead of a judge, decide whether certain defendants qualify as persistent offenders eligible for extended prison sentences. The legislation specifically targets repeat offenders involved in persistent stolen motor vehicle crimes and organized retail theft, defining these individuals as those with at least two prior convictions for similar offenses committed within a ten-year window. By shifting this determination to a jury, the bill ensures that a group of peers evaluates the evidence regarding a defendant's criminal history before imposing stricter penalties. This change applies to cases where the current crime and prior convictions meet specific timing and severity criteria outlined in the statute.

Issues: ✗ Criminal Justice

Bill status in committee 1 of 4 stages cleared

Introduction

Jun 2026

Committee Review

Floor Vote

Governor

Introduced Jun 8, 2026 Last action Jun 18, 2026

Maddy AI version diff · 1 comparison

What changed between versions

Introduced → Reprint · 4 edits

MODERATE

This is the first reprint of S4417 after Senate Judiciary Committee action on June 11, 2026. The most significant substantive change removes N.J.S.2C:44-3 (the persistent offender extended term statute) from the list of statutes requiring jury determination of enhancing facts and replaces it with a reference to a new pending bill. A clarifying phrase was also added to the grand jury charging requirement, and Senator Shirley K. Turner was added as a co-sponsor.

SCOPE

N.J.S.2C:44-3 (the persistent offender extended term statute) was removed from the list of statutes to which the jury unanimity requirement applies. It is replaced with a reference to section 1 of a new pending bill, meaning the persistent offender statute will be addressed by separate legislation rather than this bill.

REQUIREMENT

In the grand jury charging requirement (section g(1)(a)(i)), the phrase 'the statute containing the enhancing facts' was changed to 'the applicable extended-term statute containing the enhancing facts,' clarifying which statute must be referenced in the indictment.

TECHNICAL

Senator Shirley K. Turner (District 15, Hunterdon and Mercer) was added as a co-sponsor of the bill.

The full legislative statement explaining the bill's purpose and its relationship to Erlinger v. United States and State v. Carlton was removed from the reprint version.

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Committee

Jun 8, 2026

Introduced

Introduced in the Senate, Referred to Senate Judiciary Committee

upper

2 primary · 0 co-sponsors