Bill > A2054

Introduced Session

This bill provides that theft of scrap metal from any transportation system under the amount of $75,000 is automatically a crime of the third degree. However, if anyone other than the actor is seriously injured as a result of the theft of scrap metal from any transportation system, then the theft is a crime of the second degree. Under current law, theft is graded as a crime of the second degree if, among other things, the amount involved is $75,000 or more; the property is taken by extortion; or the property is a controlled dangerous substance or controlled substance analog in excess of one kilogram. This bill provides that theft of scrap metal from any transportation system that results in any person other than the actor suffering serious bodily injury would be graded as a crime of the second degree. A crime of the second degree is punishable by imprisonment of five to 10 years, up to a $150,000 fine, or both. Under current law, a theft is graded as a crime of the third degree if, among other things, the amount involved is over $500 but less than $75,000; the property stolen is a firearm, boat, vessel, motor vehicle, airplane, domestic companion animal, or horse; or it is from the person of the victim. This bill provides that theft of scrap metal from any transportation system under the amount of $75,000 is automatically a crime of the third degree. In addition, this bill also amends subsection e. of N.J.S.2C:44-1 to eliminate the presumption of nonimprisonment for a first time conviction of the offense. A crime of the third degree is punishable by imprisonment of three to five years, a fine of up to $15,000, or both. "Transportation system" is defined in the bill as any public highways, public transportation projects, other transportation projects, and all surface, airborne, and waterborne methods of transportation for the movement of people and goods.

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Eliana Pintor Marin (D)*, 

Introduced, Referred to Assembly Transportation and Independent Authorities Committee (on 01/14/2020)