Bill > S833

Introduced Session

This bill upgrades the crime of burglary of a residence. Specifically, the bill makes it second degree burglary to unlawfully enter or surreptitiously remain in a dwelling or other structure adapted for overnight accommodation of persons, whether or not a person is actually present. Burglary of a residence is upgraded to first degree burglary under the bill if the person is armed with or displays what appears to be an explosive or a deadly weapon while committing the burglary. Presently, burglary is punishable under N.J.S.2C:18-2 as a crime of the second degree if the defendant either was armed or inflicted, attempted to inflict or threatened, bodily injury 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. This bill clarifies that a person who commits second degree burglary of a residence under the bill would not be subject to the provisions of the No Early Release Act (NERA), but a person who commits the upgraded first degree crime of burglarizing a residence while armed would be sentenced under NERA. Under NERA, persons convicted of certain enumerated violent crimes of the first or second degree are required to serve a minimum term of at least 85% of the sentence imposed.

Committee Categories

Tony Bucco (R)*,  Jon Bramnick (R),  Kristin Corrado (R),  Jim Holzapfel (R),  Parker Space (R),  Mike Testa (R), 

Introduced in the Senate, Referred to Senate Judiciary Committee (on 01/09/2024)

Official Document