Requires jury, rather than court, to determine whether certain defendants are persistent offenders, the official text

[Third Reprint]

ASSEMBLY, No. 5154

STATE OF NEW JERSEY

222nd LEGISLATURE

INTRODUCED MAY 28, 2026

Sponsored by:

Assemblywoman  ELLEN J. PARK

District 37 (Bergen)

Assemblywoman  MAUREEN ROWAN

District 2 (Atlantic)

Assemblyman  ROBERT J. KARABINCHAK

District 18 (Middlesex)

Senator  BRIAN P. STACK

District 33 (Hudson)

Senator  SHIRLEY K. TURNER

District 15 (Hunterdon and Mercer)

Co-Sponsored by:

Assemblyman Bhalla

SYNOPSIS

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

CURRENT VERSION OF TEXT

As amended by the Senate on June 18, 2026.

An Act concerning sentencing
of persistent offenders, supplementing Title 2C of the New Jersey Statutes and amending
various parts of the statutory law.

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

1.  (New section) Extended
term for persistent offenders.

a.  The court may sentence a
person convicted of a crime of the first, second, or third degree to an
extended term of imprisonment if the person is a persistent offender.

b. A persistent offender is a
person who at the time of the commission of the crime was 21 years of age or
over who has been previously convicted on at least two separate occasions of
two crimes, committed at different times, when the person was at least 18 years
of age, if the latest in time of these crimes or the date of the person’s last
release from confinement, whichever is later, is within ten years of the date
of the crime for which the person is being sentenced.

c. The court shall not impose
an extended term of imprisonment pursuant to this section unless the ground
therefor has been established in accordance with subsection g. of
N.J.S.2C:44-6.

3[d.
The Administrative Director of the Courts shall, no later than two years after
the effective date of P.L.    , c.     (C.        ) (pending before the
Legislature as this bill), submit a written report to the Governor, and to the
Legislature pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1),
concerning:

(1)  the number of
convicted defendants found within the reporting period to be persistent
offenders pursuant to subsection b. of this section;

(2)  the crimes for which
the defendants were charged and convicted;

(3)  the demographics of
the defendants, including the vicinage in which the defendant’s most recent
conviction occurred; and

(4)  any other findings and
recommendations concerning the sentencing of persistent offenders as the
director may determine.1]

2.  Section 3 of P.L.2023,
c.101 (C.2C:20-10.3) is amended to read as follows:

3.  Persistent stolen motor
vehicle offender sentencing.

a.     [Upon request
of the prosecutor, a]
A person who has been convicted of a crime pursuant to section 1 or 2 of
P.L.2023, c.101 (C.2C:20-10.1 or 2C:20-10.2) or carjacking pursuant to section
1 of P.L.1993, c.221 (C.2C:15-2) shall be sentenced to an extended term of
imprisonment pursuant to N.J.S.2C:43-7 if the person has previously been
convicted on two or more prior and separate occasions, regardless of the dates
of the convictions, of a crime pursuant to section 1 or 2 of P.L.2023, c.101
(C.2C:20-10.1 or 2C:20-10.2), carjacking pursuant to section 1 of P.L.1993,
c.221 (C.2C:15-2), theft or unlawful taking of a motor vehicle, receiving
stolen property where the property involved is a motor vehicle, or a crime
under any statute of the United States, this State, or any other state for a
crime that is substantially equivalent to any of the crimes enumerated in this
subsection.

b.    The provisions of this
section shall not apply unless the prior convictions are for crimes committed
on a separate occasion and the crime for which the defendant is being sentenced
was committed either:

(1)  within 10 years of the
date of the defendant's last release from confinement for the commission of any
crime; or

(2)  within 10 years of the
date of the commission of the most recent of the crimes enumerated in
subsection a. of this section for which the defendant has a prior conviction.

c.     The court shall not
impose a sentence of imprisonment pursuant to this section, unless the ground
therefor has been established [at
a hearing after the conviction of the defendant and on written notice to the
defendant of the ground proposed.  The defendant shall have the right to hear
and controvert the evidence against him and to offer evidence upon the issue] in
accordance with the provisions of subsection g. of N.J.S.2C:44-6.  Prior
convictions shall be defined and proven in accordance with N.J.S.2C:44-4.

(cf: P.L.2023, c.101, s.3)

3.  Section 5 of P.L.2025,
c.39 (C.2C:20-11.3) is amended to read as follows:

5.  a.  [Upon request
of the prosecutor, a]
A person who has been convicted of shoplifting pursuant to
N.J.S.2C:20-11, receiving stolen property pursuant to N.J.S.2C:20-7, leader of
organized retail theft enterprise pursuant to section 2 of P.L.2006, c.56
(C.2C:20-11.2), or theft as defined in chapter 20 of Title 2C of the New Jersey
Statutes that involves the stealing of merchandise from a retail mercantile
establishment shall be sentenced to an extended term of imprisonment pursuant
to N.J.S.2C:43-7 if the person has previously been convicted on two or more
prior and separate occasions, regardless of the dates of the convictions, in
accordance with the provisions of subsection b. of this section, for a
violation of paragraphs (1) or (2) of subsection c. of N.J.S.2C:20-11,
N.J.S.2C:20-7, section 2 of P.L.2006, c.56 (C.2C:20-11.2), or theft as defined
in chapter 20 of Title 2C of the New Jersey Statutes involving the stealing of
merchandise, or a crime under any statute of the United States, this State, or
any other state for a crime that is substantially equivalent to a violation of
shoplifting, leader of organized retail theft enterprise, or theft involving
merchandise.

b.    The provisions of this
section shall not apply unless the prior convictions are for crimes committed
on separate occasions and the crime for which the defendant is being sentenced
was committed either:

(1)  within 10 years of the
date of the defendant's last release from confinement for the commission of any
crime; or

(2)   within 10 years of the
date of the commission of the most recent of the crimes enumerated in
subsection a. of this section for which the defendant has a prior conviction.

c.     Prior convictions shall
be defined and proven in accordance with N.J.S.2C:44-4.

d.    The court shall not
impose a sentence of imprisonment pursuant to this section unless the ground
therefor has been established [at
a hearing after the conviction of the defendant and on written notice to the
defendant of the ground proposed.  The defendant shall have the right to hear
and controvert the evidence against him and to offer evidence upon the issue] in
accordance with the provisions of subsection g. of N.J.S.2C:44-6.

(cf: P.L.2025, c.39, s.5)

4.  Section 2 of P.L.1995,
c.126 (C.2C:43-7.1) is amended to read as follows:

2.  a.  Life Imprisonment
Without Parole.  A person convicted of a crime under any of the following:
N.J.S.2C:11-3; subsection a. of N.J.S.2C:11-4; a crime of the first degree
under N.J.S.2C:13-1, paragraphs (3) through (6) of subsection a. of N.J.S.2C:14-2;
N.J.S.2C:15-1; or section 1 of P.L.1993, c.221 (C.2C:15-2), who has been
convicted of two or more crimes that were committed on prior and separate
occasions, regardless of the dates of the convictions, under any of the
foregoing sections or under any similar statute of the United States, this
State, or any other state for a crime that is substantially equivalent to a
crime under any of the foregoing sections, shall be sentenced to a term of life
imprisonment by the court, with no eligibility for parole.

b.    Extended Term for Repeat
Violent Offenders.  A person shall be sentenced to an extended term of
imprisonment pursuant to N.J.S.2C:43-7 if:

(1)   The person is convicted
of any of the following crimes:  a crime of the second degree under
N.J.S.2C:11-4; a crime of the second or third degree under subsection b. of
N.J.S.2C:12-1; a crime of the second degree under N.J.S.2C:13-1; a crime under
N.J.S.2C:14-3 for aggravated criminal sexual contact under any of the
circumstances set forth in paragraphs (3) through (6) of subsection a. of
N.J.S.2C:14-2; a crime of the second degree under N.J.S.2C:15-1; a crime of the
second degree under N.J.S.2C:18-2; or a crime of the second degree under
N.J.S.2C:39-4 for possession of a weapon with the purpose of using it
unlawfully against the person of another, and the person has been convicted of
any of the foregoing crimes or any of the crimes enumerated in subsection a. of
this section or under any similar statute of the United States, this State, or
any other state for a crime that is substantially equivalent to a crime
enumerated in this subsection or in subsection a. of this section committed on
two or more prior and separate occasions regardless of the dates of the
convictions; or

(2)   The person is convicted
of a crime enumerated in subsection a. of this section, does not have two or
more prior convictions that require sentencing under subsection a. and has two
or more prior convictions that would require sentencing under paragraph (1) of
this subsection if the person had been convicted of a crime enumerated in
paragraph (1).

c.     The provisions of this
section shall not apply unless the prior convictions are for crimes committed
on separate occasions and unless the crime for which the defendant is being
sentenced was committed either within 10 years of the date of the defendant's
last release from confinement for commission of any crime or within 10 years of
the date of the commission of the most recent of the crimes for which the
defendant has a prior conviction.

d.    The court shall not
impose a sentence of imprisonment pursuant to this section, unless the ground
therefor has been established [at
a hearing after the conviction of the defendant and on written notice to the
defendant of the ground proposed.  The defendant shall have the right to hear
and controvert the evidence against him and to offer evidence upon the issue] in
accordance with the provisions of subsection g. of N.J.S.2C:44-6. Prior
convictions shall be defined and proven in accordance with N.J.S.2C:44-4.

e.     For purposes of this
section, a term of life shall mean the natural life of a person sentenced
pursuant to this section.  Except that a defendant who is at least 70 years of
age and who has served at least 35 years in prison pursuant to a sentence
imposed under this section shall be released on parole if the full Parole Board
determines that the defendant is not a danger to the safety of any other person
or the community.

(cf: P.L.2003, c.48)

5.  N.J.S.2C:44-3 is amended
to read as follows:

2C:44-3.  The court may, upon
application of the prosecuting attorney, sentence a person who has been
convicted of a crime of the first, second or third degree to an extended term
of imprisonment if it finds one or more of the grounds specified in subsection [a.,] b., c., or f.
of this section.  If the grounds specified in subsection d. are found, and the
person is being sentenced for commission of any of the offenses enumerated in
subsection c. or g. of N.J.S.2C:43-6, the court shall sentence the defendant to
an extended term as required by subsection c. or g. of N.J.S.2C:43-6, and
application by the prosecutor shall not be required.  The court shall, upon
application of the prosecuting attorney, sentence a person who has been
convicted of a crime under N.J.S.2C:14-2 or N.J.S.2C:14-3 to an extended term
of imprisonment if the grounds specified in subsection g. of this section are
found. The court shall, upon application of the prosecuting attorney, sentence
a person to an extended term if the imposition of such term is required
pursuant to the provisions of section 2 of P.L.1994, c.130 (C.2C:43-6.4).  The
finding of the court shall be incorporated in the record.

a.     [The defendant
has been convicted of a crime of the first, second or third degree and is a
persistent offender.  A persistent offender is a person who at the time of the
commission of the crime is 21 years of age or over, who has been previously
convicted on at least two separate occasions of two crimes, committed at
different times, when he was at least 18 years of age, if the latest in time of
these crimes or the date of the defendant's last release from confinement,
whichever is later, is within 10 years of the date of the crime for which the
defendant is being sentenced.]
(Deleted by amendment, P.L.    , c.     (pending before the Legislature as
this bill)

b.    The defendant has been
convicted of a crime of the first, second or third degree and is a professional
criminal.  A professional criminal is a person who committed a crime as part of
a continuing criminal activity in concert with two or more persons, and the
circumstances of the crime show he has knowingly devoted himself to criminal
activity as a major source of livelihood.

c.     The defendant has been
convicted of a crime of the first, second or third degree and committed the
crime as consideration for the receipt, or in expectation of the receipt, of
anything of pecuniary value the amount of which was unrelated to the proceeds of
the crime or he procured the commission of the offense by payment or promise of
payment of anything of pecuniary value.

d.    Second offender with a
firearm. The defendant is at least 18 years of age and has been previously
convicted of any of the following crimes: N.J.S.2C:11-3, N.J.S.2C:11-4,
subsection b. of N.J.S.2C:12-1, N.J.S.2C:13-1, subsection a. of N.J.S.2C:14-2,
subsection a. of N.J.S.2C:14-3, N.J.S.2C:15-1, N.J.S.2C:18-2, section 1 of
P.L.2024, c.83 (C.2C:18-2.1), N.J.S.2C:29-5, subsection a. of N.J.S.2C:39-4, or
has been previously convicted of an offense under Title 2A of the New Jersey
Statutes or under any statute of the United States or any other state which is
substantially equivalent to the offenses enumerated in this subsection and he
used or possessed a firearm, as defined in  N.J.S.2C:39-1, in the course of
committing or attempting to commit any of these crimes, including the immediate
flight therefrom.

e.  (Deleted by amendment,
P.L.2001, c.443).

f.  The defendant has been
convicted of a crime under any of the following sections: N.J.S.2C:11-4,
subsection b. of N.J.S.2C:12-1, N.J.S.2C:13-1, subsection a. of N.J.S.2C:14-2,
subsection a. of N.J.S.2C:14-3, N.J.S.2C:15-1, N.J.S.2C:18-2, section 1 of P.L.2024,
c.83 (C.2C:18-2.1), section 2 of P.L.2024, c.83 (C.2C:18-2.2), subsection b. of
N.J.S.2C:29-2, N.J.S.2C:29-5, N.J.S.2C:35-5, and in the course of committing or
attempting to commit the crime, including the immediate flight therefrom, the
defendant used or was in possession of a stolen motor vehicle.

g. The defendant has been
convicted of a crime under N.J.S.2C:14-2 or N.J.S.2C:14-3 involving violence or
the threat of violence and the victim of the crime was 16 years of age or less.

For purposes of this
subsection, a crime involves violence or the threat of violence if the victim
sustains serious bodily injury as defined in subsection b. of N.J.S.2C:11-1, or
the actor is armed with and uses a deadly weapon or threatens by word or gesture
to use a deadly weapon as defined in subsection c. of N.J.S.2C:11-1, or
threatens to inflict serious bodily injury.

h.  (Deleted by amendment,
P.L.2007, c.341).

(cf: P.L.2024, c.83, s.9)

6.  N.J.S.2C:44-6 is amended
to read as follows:

2C:44-6.  Procedure on
sentence; presentence investigation and report.

a.     The court shall not
impose sentence without first ordering a presentence investigation of the
defendant and according due consideration to a written report of such
investigation when required by the Rules of Court.  The court may order a
presentence investigation in any other case.

b.    The presentence
investigation shall include an analysis of the circumstances attending the
commission of the offense, the defendant's history of delinquency or
criminality, family situation, financial resources, including whether or not
the defendant is an enrollee or covered person under a health insurance
contract, policy or plan, debts, including any amount owed for a fine,
assessment or restitution ordered in accordance with the provisions of Title
2C, any obligation of child support including any child support delinquencies,
employment history, personal habits, the disposition of any charge made against
any codefendants, the defendant's history of civil commitment, any disposition
which arose out of charges suspended pursuant to N.J.S.2C:4-6 including the
records of the disposition of those charges and any acquittal by reason of
insanity pursuant to N.J.S.2C:4-1, and any other matters that the probation
officer deems relevant or the court directs to be included. The defendant shall
disclose any information concerning any history of civil commitment.  The
report shall also include a medical history of the defendant and a complete
psychological evaluation of the defendant in any case in which the defendant is
being sentenced for a first or second degree crime involving violence and:

(1)  the defendant has a
prior acquittal by reason of insanity pursuant to N.J.S.2C:4-1 or had charges
suspended pursuant to N.J.S.2C:4-6; or

(2)   the defendant has a
prior conviction for murder pursuant to N.J.S.2C:11-3, aggravated sexual
assault or sexual assault pursuant to N.J.S.2C:14-2, kidnapping pursuant to
N.J.S.2C:13-1, endangering the welfare of a child which would constitute a
crime of the second degree pursuant to N.J.S.2C:24-4, or stalking which would
constitute a crime of the third degree pursuant to section 1 of P.L.1992, c.209
(C.2C:12-10); or

(3)   the defendant has a
prior diagnosis of psychosis.

The court, in its discretion
and considering all the appropriate circumstances, may waive the medical
history and psychological examination in any case in which a term of
imprisonment including a period of parole ineligibility is imposed.  In any
case involving a conviction of N.J.S.2C:24-4, endangering the welfare of a
child; N.J.S.2C:18-3, criminal trespass, where the trespass was committed in a
school building or on school property; section 1 of P.L.1993, c.291
(C.2C:13-6), attempting to lure or entice a child with purpose to commit a
criminal offense; section 1 of P.L.1992, c.209 (C.2C:12-10), stalking; or
N.J.S.2C:13-1, kidnapping, where the victim of the offense is a child under the
age of 18, the investigation shall include a report on the defendant's mental
condition.

The presentence investigation
shall also include information regarding the defendant's history of substance
use disorder and substance use disorder treatment, if any, including whether
the defendant has sought treatment in the past.  If any of the factors listed
in subsection b. of section 1 of P.L.2012, c.23 (C.2C:35-14.1) apply, the
presentence report shall also include consideration of whether the defendant
may be a person with a substance use disorder as defined in N.J.S.2C:35-2.

The presentence investigation
shall include an analysis of whether the defendant should be required to submit
to a professional diagnostic assessment within the meaning of paragraph (1) of
subsection a. of N.J.S.2C:35-14 in any case where: the defendant may be a
person with a substance use disorder as defined in N.J.S.2C:35-2; the defendant
is eligible to be considered for a sentence to special probation pursuant to
N.J.S.2C:35-14; and the court has not already ordered the defendant to submit
to any such diagnostic assessment in regard to the pending matter.

The presentence report shall
also include a report on any compensation paid by the Victims of Crime
Compensation Agency as a result of the commission of the offense and, in any
case where the victim chooses to provide one, a statement by the victim of the
offense for which the defendant is being sentenced.  The statement may include
the nature and extent of any physical harm or psychological or emotional harm
or trauma suffered by the victim, the extent of any loss to include loss of
earnings or ability to work suffered by the victim and the effect of the crime
upon the victim's family.  The probation department shall notify the victim or
nearest relative of a homicide victim of his right to make a statement for
inclusion in the presentence report if the victim or relative so desires.  Any
such statement shall be made within 20 days of notification by the probation
department.

The presentence report shall
specifically include an assessment of the gravity and seriousness of harm
inflicted on the victim, including whether or not the defendant knew or
reasonably should have known that the victim of the offense was particularly vulnerable
or incapable of resistance due to advanced age, disability, ill-health, or
extreme youth, or was for any other reason substantially incapable of
exercising normal physical or mental power of resistance.

c.     If, after the
presentence investigation, the court desires additional information concerning
an offender convicted of an offense before imposing sentence, it may order any
additional psychological or medical testing of the defendant.

d.    Disclosure of any
presentence investigation report or psychiatric examination report shall be in
accordance with law and the Rules of Court, except that information concerning
the defendant's financial resources shall be made available upon request to the
Victims of Crime Compensation Agency or to any officer authorized under the
provisions of section 3 of P.L.1979, c.396 (C.2C:46-4) to collect payment on an
assessment, restitution or fine and that information concerning the defendant's
coverage under any health insurance contract, policy or plan shall be made
available, as appropriate to the Commissioner of Corrections and to the chief
administrative officer of a county jail in accordance with the provisions of
P.L.1995, c.254 (C.30:7E-1 et al.).

e.     [The] Except as
provided in subsection g. of this section, the court shall not impose a
sentence of imprisonment for an extended term unless the ground therefor has
been established at a hearing after the conviction of the defendant and on
written notice to him of the ground proposed.  The defendant shall have the right
to hear and controvert the evidence against him and to offer evidence upon the
issue.

f.     (Deleted by amendment,
P.L.1986, c.85).

g.  (1)  The court shall
not impose a sentence of imprisonment for an extended term under section 3 of
P.L.2023, c.101 (C.2C:20-10.3), section 5 of P.L.2025, c.39 (C.2C:20-11.3),
subsection a. or b. of section 2 of P.L.1995, c.126 (C.2C:43-7.1), or 2[N.J.S.2C:44-3] section 1
of P.L.    , c.    (C.        ) (pending before the Legislature as this bill2 ,
unless:

(a)  (i)  the predicate
enhancing facts are presented to a grand jury and charged in the indictment, on
a page or pages separate from the rest of the indictment charging the
substantive crime, with reference to the 2applicable extended-term2 statute
containing the enhancing facts; or

(ii)  the defendant waives
the right to indictment in accordance with the Rules of Court; and

(b)(i)  with respect to a
case tried before a jury, the jury unanimously found beyond a reasonable doubt
that the enhancing facts existed; or

(ii)  with respect to a
case tried before the court on the defendant’s waiver of the right to a jury
trial, the court found beyond a reasonable doubt that the enhancing facts
existed; or

(iii)  with respect to a
defendant who pleaded guilty to the substantive crime, the defendant knowingly
and voluntarily admitted to the enhancing facts.

(2)  When the case is tried
before a jury, the court shall conduct a separate proceeding after the return
of a guilty verdict for the substantive crime charged for the jury to determine
whether the enhancing facts exist.  Such proceeding shall be conducted before
the same jury impaneled to try the substantive crime unless the court for good
cause discharges that jury and impanels a new jury for this purpose or the
defendant consents to judicial factfinding of the enhancing facts. Evidence
relevant to the issues of previous convictions may not be divulged to the jury
during the trial on the substantive crime unless otherwise admissible under the
Rules of Evidence.

(cf: P.L.2023, c.177, s.10)

7.  This act shall take effect
immediately.