New Jersey A 2311: Provides that will is not valid unless signed by testator or substantially written in testator's handwriting.

Bill Text

A2311 

ASSEMBLY, No. 2311 

STATE OF NEW JERSEY

222nd LEGISLATURE

� 

PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION

Sponsored by:

Assemblywoman LUANNE M. PETERPAUL

District 11 (Monmouth)

Assemblyman WILLIAM W. SPEARMAN

District 5 (Camden and Gloucester)

Assemblywoman ROSAURA "ROSY" BAGOLIE

District 27 (Essex and Passaic)

Co-Sponsored by:

Assemblywomen Reynolds-Jackson, Carter, Murphy, Swain and 
Assemblyman Tully

SYNOPSIS

���� Permits court to take additional time to consider 
pretrial release or pretrial detention when firearm offense is involved.

CURRENT VERSION OF TEXT 

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

��

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

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

����� 1.�� Section 
2 of P.L.2014, c.31 (C.2A:162-16) is amended to read as follows:

����� 2. 
a. An eligible defendant, following the issuance of a complaint-warrant 
pursuant to the conditions set forth under subsection c. of this section, shall 
be temporarily detained to allow the Pretrial Services Program to prepare a 
risk assessment with recommendations on conditions of release pursuant to 
section 11 of P.L.2014, c.31 (C.2A:162-25) and for the court to issue a 
pretrial release decision.

����� b. 
(1) Except as otherwise provided under sections 4 and 5 of P.L.2014, c.31 
(C.2A:162-18 and C.2A:162-19) the court, pursuant to section 3 of P.L.2014, 
c.31 (C.2A:162-17), shall make a pretrial release decision for the eligible 
defendant without unnecessary delay, but in no case later than 48 hours after 
the eligible defendant's commitment to jail.� The court shall consider the 
Pretrial Services Program's risk assessment and recommendations on conditions 
of release before making any pretrial release decision for the eligible 
defendant; provided however, that upon request of the prosecutor, the court 
may take additional time than established pursuant to this section if the 
eligible defendant is charged with any crime or offense involving the use or 
possession of a firearm, but the additional time provided for shall not exceed 
such time as is reasonably necessary for a firearms ballistic analysis to be 
conducted and immediately provided to the court, and in no event shall exceed 
seven days.

����� (2)� After 
considering all the circumstances, the Pretrial Services Program's risk 
assessment and recommendations on conditions of release, and any information 
that may be provided by a prosecutor or the eligible defendant, the court shall 
order that the eligible defendant be: 

����� (a)� released 
on the eligible defendant's own recognizance or on execution of an unsecured 
appearance bond; or 

����� (b)� released 
on a non-monetary condition or conditions, with the condition or conditions 
being the least restrictive condition or combination of conditions that the 
court determines will reasonably assure the eligible defendant's appearance in 
court when required, the protection of the safety of any other person or the 
community, or that the eligible defendant will not obstruct or attempt to 
obstruct the criminal justice process; or 

����� (c)� released 
on monetary bail, other than an unsecured appearance bond, to reasonably assure 
the eligible defendant's appearance in court when required, or a combination of 
monetary bail and non-monetary conditions, to reasonably assure the eligible 
defendant's appearance in court when required, the protection of the safety of 
any other person or the community, or that the eligible defendant will not 
obstruct or attempt to obstruct the criminal justice process; or

����� (d) detained 
in jail, upon motion of the prosecutor, pending a pretrial detention hearing 
pursuant to sections 4 and 5 of P.L.2014, c.31 (C.2A:162-18 and C.2A:162-19).

����� c.�� A 
law enforcement officer shall not apply for a complaint-warrant except in 
accordance with guidelines issued by the Attorney General, and a court may not 
issue a complaint-warrant except as may be authorized by the Rules of Court.

����� d. 
(1) A defendant who is charged on a complaint-summons shall be released from 
custody and shall not be subject to the provisions of sections 1 through 11 of 
P.L.2014, c.31 (C.2A:162-15 et seq.).

����� (2) 
(a) If a defendant who was released from custody after being charged on a 
complaint-summons pursuant to paragraph (1) of this subsection is subsequently 
arrested on a warrant for failure to appear in court when required, that 
defendant shall be eligible for release on personal recognizance or release on 
bail by sufficient sureties at the discretion of the court.� If monetary bail 
was not set when an arrest warrant for the defendant was issued, the defendant 
shall have monetary bail set without unnecessary delay, but in no case later 
than 12 hours after arrest.� Pursuant to the Rules of Court, if the defendant 
is unable to post moneta