2C :43-6.8 Sentencing for offenses involving domestic violence.

2C :43-6.8  Sentencing for offenses involving domestic violence.

   4. a. Notwithstanding the provisions of subsection f. of N.J.S.2C:44-1, a person convicted of any of the following crimes of domestic violence, as defined in section 3 of P.L.1991, c.261 (C.2C:25-19), shall be sentenced in accordance with subsection b. of this section:

   (1)   Homicide, pursuant to N.J.S.2C:11-1 et seq.;

   (2)   Aggravated assault, pursuant to paragraph (1), (2), (3), (4), (6), (7) or (8) of subsection b. of N.J.S.2C:12-1;

   (3)   Assault by auto or vessel, pursuant to subsection c. of N.J.S.2C:12-1;

   (4)   Kidnapping, pursuant to N.J.S.2C:13-1;

   (5)   Criminal restraint, pursuant to N.J.S.2C:13-2;

   (6)   Sexual assault, pursuant to N.J.S.2C:14-2; or

   (7)   Criminal sexual contact, pursuant to N.J.S.2C:14-3.

   b. (1) Unless the provisions of any other law provide for a higher mandatory minimum term of imprisonment, a person convicted of a crime of domestic violence set forth in subsection a. of this section shall be sentenced to a term of imprisonment as follows: for a second or subsequent crime of the fourth degree set forth in subsection a. of this section, 18 months; for a second or subsequent crime of the third degree set forth in subsection a. of this section, five years; for a crime of the second degree, 10 years; and for a crime of the first degree, 20 years.

   (2)   The term of imprisonment imposed pursuant to paragraph (1) of this subsection shall include the imposition of a minimum term. The minimum term shall be fixed at one-half of the sentence imposed by the court or 42 months, whichever is greater, or 18 months in the case of a fourth degree crime, during which the defendant shall be ineligible for parole.

   L.2016, c.91, s.4.