2C:29-7. Bail jumping; default in required appearance
A person set at liberty by court order, with or without bail, or who
has been issued a summons, upon condition that he will subsequently
appear at a specified time and place in connection with any offense or
any violation of law punishable by a period of incarceration, commits an
offense if, without lawful excuse, he fails to appear at that time and
place. It is an affirmative defense for the defendant to prove, by a
preponderance of evidence, that he did not knowingly fail to appear. The
offense constitutes a crime of the third degree where the required
appearance was to answer to a charge of a crime of the third degree or
greater, or for disposition of any such charge and the actor took flight
or went into hiding to avoid apprehension, trial or punishment. The
offense constitutes a crime of the fourth degree where the required
appearance was otherwise to answer to a charge of crime or for
disposition of such charge. The offense constitutes a disorderly persons
offense or a petty disorderly persons offense, respectively, when the
required appearance was to answer a charge of such an offense or for
disposition of any such charge. Where the bail imposed or summons issued
is in connection with any other violation of law, the failure to appear
shall be a disorderly persons offense.
This section does not apply to obligations to appear incident to release
under suspended sentence or on probation or parole. Nothing herein
shall interfere with or prevent the exercise by any court of this State
of its power to punish for contempt.
L.1978, c. 95, s. 2C:29-7, eff. Sept. 1, 1979. Amended by L.1981, c. 290, s. 32, eff. Sept. 24, 1981.
