2C :14-6 . Sentencing

2C :14-6 .  Sentencing

    If a person is convicted of a second or subsequent offense under sections 2C :14-2 or 2C :14-3a., the sentence imposed under those sections for the second or subsequent offense shall, unless the person is sentenced pursuant to the provisions of 2C :43-7, include a fixed minimum sentence of not less than 5 years during which the defendant shall not be eligible for parole.  The court may not suspend or make any other non-custodial disposition of any person sentenced as a second or subsequent offender pursuant to this section.  For the  purpose of this section an offense is considered a second or subsequent offense, if the actor has at any time been convicted under sections 2C :14-2 or 2C :14-3a. or under any similar statute of the United States, this state, or any  other state for an offense that is substantially equivalent to sections 2C :14-2  or 2C :14-3a.

    L.1978, c. 95, s. 2C :14-6 , eff. Sept. 1, 1979.