A 5154 — Requires jury, rather than court, to determine whether certain defendants are persistent offenders.

A5154 2R3R [Second[Third Reprint] ASSEMBLY, No.

KARABINCHAK District 18 (Middlesex)  Senator   BRIAN  P.   SYNOPSIS      Requires jury, rather than court, to determine whether certain defendants are persistent offenders.

 STACK CURRENTDistrict VERSION33 OF(Hudson) TEXTSenator      SHIRLEY AsK. reported by the Assembly Appropriations Committee on June 8, 2026, with amendments.

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.

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

(New     section)a.  ExtendedThe court may sentence a person convicted of a crime of the first, second, or third degree to an extended term forof imprisonment if the person is a persistent offenders.offender.

     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.

     1d.3[1d.

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

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

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

and      (4) any any other findings and recommendations concerning the sentencing of persistent offenders as the director may determine.1determine.1]3        2.

or      (2) within within 10 years of the date of the commission of the most recent of the crimes enumerated in subsection a.

(1) (1) The 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.

         (a) (a)  (i) the 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 the defendant waives the right to indictment in accordance with the Rules of Court;

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

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

     (2) When 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.