New Jersey S 3230: Permits State detectives and investigators to administer oaths when investigating violations or attempted violations of criminal law.

Bill Text

S3230 

SENATE, No. 3230 

STATE OF NEW JERSEY

222nd LEGISLATURE

� 

INTRODUCED FEBRUARY 2, 2026

Sponsored by:

Senator� SHIRLEY K. TURNER

District 15 (Hunterdon and Mercer)

SYNOPSIS

���� Requires Pretrial Services to recommend pretrial 
detention of defendants charged with certain firearms offenses. 

CURRENT VERSION OF TEXT 

���� As introduced.

�� 

An Act concerning pretrial detention determinations and 
amending P.L.2014, c.31.� 

���� Be It 
Enacted by the Senate and General Assembly of 
the State of New Jersey:

���� 1.��� Section 5 of P.L.2014, 
c.31 (C.2A:162-19) is amended to read as follows:

���� 5.��� a.� A prosecutor may 
file a motion with the court at any time, including any time before or after an 
eligible defendant's release pursuant to section 3 of P.L.2014, c.31 
(C.2A:162-17), seeking the pretrial detention of an eligible defendant for: 

���� (1)�� any crime of the first 
or second degree enumerated under subsection d. of section 2 of P.L.1997, c.117 
(C.2C:43-7.2); 

���� (2)�� any crime for which the 
eligible defendant would be subject to an ordinary or extended term of life 
imprisonment; 

���� (3)�� any crime if the 
eligible defendant has been convicted of two or more offenses under paragraph 
(1) or (2) of this subsection;� 

���� (4)�� any crime enumerated 
under paragraph (2) of subsection b. of section 2 of P.L.1994, c.133 (C.2C:7-2) 
or crime involving human trafficking pursuant to section 1 of 
P.L.2005, c.77 (C.2C:13-8) or P.L.2013, c.51 (C.52:17B-237 et 
al.) when the victim is a minor, or the crime of endangering the welfare of a 
child under N.J.S.2C:24-4; 

���� (5)�� any crime enumerated 
under subsection c. of N.J.S.2C:43-6; 

���� (6)�� any crime or offense 
involving domestic violence as defined in subsection a. of section 3 of 
P.L.1991, c.261 (C.2C:25-19); or

���� (7)�� any other crime for 
which the prosecutor believes there is a serious risk that: 

���� (a)�� the eligible defendant 
will not appear in court as required; 

���� (b)�� the eligible defendant 
will pose a danger to any other person or the community; or 

���� (c)�� the eligible defendant 
will obstruct or attempt to obstruct justice, or threaten, injure, or 
intimidate, or attempt to threaten, injure or intimidate, a prospective witness 
or juror.� 

���� b.��� When a motion for 
pretrial detention is filed pursuant to subsection a. of this section, there 
shall be a rebuttable presumption that the eligible defendant shall be detained 
pending trial because no amount of monetary bail, non-monetary condition or combination 
of monetary bail and conditions would reasonably assure the eligible 
defendant's appearance in court when required, the protection of the safety of 
any other person or the community, and that the eligible defendant will not 
obstruct or attempt to obstruct the criminal justice process, if the court 
finds probable cause that the eligible defendant: 

���� (1)�� committed murder 
pursuant to N.J.S.2C:11-3; or

���� (2)�� committed any crime for 
which the eligible defendant would be subject to an ordinary or extended term 
of life imprisonment.

���� c.���� A court shall hold a 
hearing to determine whether any amount of monetary bail or non-monetary 
conditions or combination of monetary bail and conditions, including those set 
forth under subsection b. of section 3 of P.L.2014, c.31 (C.2A:162-17) will 
reasonably assure the eligible defendant's appearance in court when required, 
the protection of the safety of any other person or the community, and that the 
eligible defendant will not obstruct or attempt to obstruct the criminal 
justice process.

���� d.��� (1) Except as otherwise 
provided in this subsection, the pretrial detention hearing shall be held no 
later than the eligible defendant's first appearance unless the eligible 
defendant, or the prosecutor, seeks a continuance. If a prosecutor files a 
motion for pretrial detention after the eligible defendant's first appearance 
has taken place or if no first appearance is required, the court shall schedule 
the pretrial detention hearing to take place within three working days of the 
date on which the prosecutor's motion was filed, unless the prosecutor or the 
eligible defendant seeks a continuance. Except for good cause, a continuance on 
motion of the eligible defendant may not exceed five days, not including any 
intermediate Saturday, Sunday, or legal holiday. Except for good cause, a 
continuance on motion of the prosecutor may not exceed three days, not 
including any intermediate Saturday, Sunday, or legal holiday. 

���� (2)�� Upon the filing of a 
motion by the prosecutor seeking the pretrial detention of the eligible 
defendant and during any continuance that may be granted by the court, the 
eligible defendant shall be detained in jail, unless the eligible defendant was 
previously released from custody before trial, in which case the court shall 
issue a notice to appear to compel the appearan