New Jersey S 789: Requires court to impose monetary bail for carjacking; requires juvenile alleged to have committed carjacking be tried as adult.

Bill Text

S789 

SENATE, No. 789 

STATE OF NEW JERSEY

222nd LEGISLATURE

� 

PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION

Sponsored by:

Senator ROBERT W. SINGER

District 30 (Monmouth and Ocean)

Co-Sponsored by:

Senator Bramnick

SYNOPSIS

���� Requires court to impose monetary bail for 
carjacking; requires juvenile alleged to have committed carjacking be tried as 
adult.

CURRENT VERSION OF TEXT 

���� Introduced Pending Technical Review by Legislative 
Counsel.

��

An Act concerning carjacking and amending and supplementing 
various parts of the statutory law.

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

���� 1.� (New section)� In addition 
to the provisions of P.L.2014, c.31 (C.2A:162-15 et seq.) concerning the 
pretrial detention of certain defendants, and notwithstanding the provisions of 
any law to the contrary:

���� a.� in the case of a person 
charged with carjacking pursuant to section 1 of P.L.1993, c.221 (C.2C:15-2), 
the court shall set monetary bail for the defendant in an amount at least equal 
to the value of the motor vehicle involved in the alleged crime; and 

���� b.� in the case of a person 
charged with: 

���� (1)� carjacking pursuant to 
section 1 of P.L.1993, c.221 (C.2C:15-2); and 

���� (2)� eluding a law enforcement 
officer pursuant to� paragraph (2) or (3) of subsection a. of N.J.S.2C:29-2, 

���� the court shall set monetary 
bail for the defendant in an amount at least equal to twice the value of the 
motor vehicle involved in the alleged crimes.

���� 2.� Section 1 of P.L.2015, 
c.89 (C.2A:4A-26.1) is amended to read as follows:

���� 1.� a.� [A] In 
addition to the provisions of section 3 of 
P.L. , c. (C. ) 
(pending before the Legislature as this bill), a prosecutor seeking waiver 
of jurisdiction of a juvenile delinquency case by the Superior Court, Chancery 
Division, Family Part to an appropriate court and prosecuting authority without 
the consent of the juvenile shall file a motion within 60 days after the 
receipt of the complaint, which time may be extended for good cause shown.� The 
motion shall be accompanied by a written statement of reasons clearly setting 
forth the facts used in assessing all factors contained in paragraph (3) of 
subsection c. of this section, together with an explanation as to how 
evaluation of those facts support waiver for each particular juvenile.

���� b.��� At a hearing, the court 
shall receive the evidence offered by the State and by the juvenile.� The State 
shall provide proof to satisfy the requirements set forth in paragraphs (1) and 
(2) of subsection c. of this section. The court also shall review whether the 
State considered the factors set forth in paragraph (3) of subsection c. of 
this section. 

���� c.���� Except as provided in 
paragraph (3) of this subsection, the court shall waive jurisdiction of a 
juvenile delinquency case without the juvenile's consent and shall refer the 
case to the appropriate court and prosecuting authority having jurisdiction 
if:� 

���� (1)�� The juvenile was 15 
years of age or older at the time of the alleged delinquent act; and

���� (2)�� There is probable cause 
to believe that the juvenile committed a delinquent act which if committed by 
an adult would constitute:

���� (a)�� criminal homicide, other 
than death by auto; 

���� (b)�� strict liability for 
drug-induced deaths; 

���� (c)�� first degree robbery; 

���� (d)�� [carjacking;] (deleted 
by amendment, P.L.��� , c.��� (pending before the Legislature as this bill) 

���� (e)�� aggravated sexual 
assault; 

���� (f)�� sexual assault; 

���� (g)�� second degree aggravated 
assault; 

���� (h)�� kidnapping; 

���� (i)��� aggravated arson; 

���� (j)��� possession of a firearm 
with a purpose to use it unlawfully against the person of another under 
subsection a. of N.J.S.2C:39-4, or possession of a firearm while committing or 
attempting to commit, including the immediate flight therefrom, aggravated assault, 
aggravated criminal sexual contact, burglary, or escape;

���� (k)�� a violation of 
N.J.S.2C:35-3 (Leader of a Narcotics Trafficking Network);

���� (l)��� a violation of 
N.J.S.2C:35-4 (Maintaining and Operating a CDS Production Facility);

���� (m)� a violation of section 1 
of P.L.1998, c.26 (C.2C:39-4.1) (Weapons Possession while Committing certain 
CDS Offenses);

���� (n)�� an attempt or conspiracy 
to commit any of the crimes enumerated in subparagraphs (a) through (m) of this 
paragraph; or 

���� (o)�� a crime committed at a 
time when the juvenile previously had been sentenced and confined in an adult 
correctional facility. 

���� (3)�� The court may deny a 
motion by the prosecutor to waive jurisdiction of a juvenile delinquency case 
if it is clearly convinced that the prosecutor abused his discretion in 
considering the following factors in deciding whether to seek a waiver: 

���� (a)�� The nature and 
circumstances of the offense charged; 

���� (b)�� Whether the o