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  • NJ A1067
  • Creates first degree crime of home invasion, makes crime subject to No Early Release Act, and upgrades burglary of a residence to a second degree crime under certain circumstances.
Introduced
(1/27/2016)
In Committee
(1/27/2016)
Crossed OverPassedSignedDead/Failed/Vetoed
2016-2017 Regular Session
This bill creates the first degree crime of home invasion and makes this crime subject to the No Early Release Act. In addition, the bill upgrades burglary of a residence to a second degree crime under certain circumstances. Specifically, under the provisions of this bill, a person commits the crime of home invasion if he or she enters a person's residence with the intent to commit a robbery, a first or second degree crime, or certain kidnapping and sexual crimes or offenses when another person or persons are present and the actor: 1) uses force or inflicts bodily injury on a person in the residence; 2) threatens a person in the residence with, or purposely or knowingly, puts the person in fear of immediate bodily injury; 3) commits, attempts to commit, or threatens to commit any first or second degree crime or certain kidnapping and sexual crimes and offenses; or 4) is armed with or threatens the use of a deadly weapon or explosive. Under this bill, home invasion is a first degree crime, and upon conviction, requires the person to be sentenced to a term of imprisonment between 10 and 30 years. In addition, the bill provides that a person who is convicted of the crime of home invasion is subject to sentencing under the No Early Release Act (NERA). A person sentenced under the NERA is required to serve 85% of the sentence imposed, during which he or she would not be eligible for parole. Further, under the provisions of this bill, burglary is upgraded to a second degree crime if a person enters a residence when a resident or any other person, other than a person acting in concert with the actor, is present in the home. Under this bill, knowledge that another person was in the home is not an element of this offense and it is not a defense that the offender was unaware that another person was present in the home when they entered the residence. Under current law, burglary is a crime of the second degree if the defendant inflicted, attempted to inflict, or threatened bodily injury or was armed during the course of the offense. In all other circumstances, burglary is a crime of the third degree. A crime of the second degree is punishable by a term of imprisonment between five to 10 years, a fine not to exceed $150,000 or both. A crime of the third degree is punishable by a term of imprisonment between three to five years, a fine not to exceed $15,000 or both.
Law and Public Safety
Introduced, Referred to Assembly Law and Public Safety Committee  (on 1/27/2016)
 
 

Date Chamber Action Description
1/27/2016 A Introduced, Referred to Assembly Law and Public Safety Committee
Date Motion Yea Nay Other
None specified