NJ S892

Bill

Upgrades burglary of a residence to a crime of the second degree; requires mandatory period of parole ineligibility if residence was occupied at time of offense.

Introduced
01/09/2024

In Committee
01/09/2024

Crossed Over

Passed

Dead
01/12/2026

Introduced Session

2024-2025 Regular Session

Bill Summary

This bill would upgrade burglary of a residence to a crime of the second degree and provide that an offender is not eligible for early release if a person was present in the residence at the time of the offense. Currently, all burglary offenses are crimes of the third degree unless the offender purposely, knowingly, or recklessly inflicts, attempts to inflict, or threatens to inflict bodily injury on someone or if the offender is armed with explosives or a deadly weapon, in which case it is a crime of the second degree. This bill would provide that it is also a crime of the second degree 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. Additionally, the bill would provide that, if a person was present in the dwelling at the time of the burglary, the offender would be subject to the provisions of subsection a. of section 2 of P.L.1997, c.117 (C.2C:43-7.2), commonly known as the "No Early Release Act (NERA)," which requires that certain offenders must serve a minimum 85% of the sentence of imprisonment imposed for the offense. A crime of the second degree is punishable by imprisonment for five to 10 years, up to a $150,000 fine, or both. A crime of the third degree is punishable by imprisonment for three to five years, up to a $15,000 fine, or both.

AI Summary

This bill elevates the crime of burglary of a residence to a second-degree offense and mandates that offenders who commit burglary in a dwelling where someone is present will be ineligible for parole until they have served at least 85% of their sentence, a provision known as the "No Early Release Act" (NERA). Previously, burglary was generally a third-degree crime unless specific aggravating factors like inflicting injury or being armed were present, in which case it was a second-degree crime. Under this bill, unlawfully entering or remaining in a dwelling or similar structure adapted for overnight stays, regardless of whether someone is actually inside, will now be considered a second-degree crime. A second-degree crime carries a potential prison sentence of five to ten years and a fine of up to $150,000, whereas a third-degree crime has a sentence of three to five years and a fine of up to $15,000.

Committee Categories

Justice

Sponsors (7)

Kristin Corrado (R)*, Declan O'Scanlon (R)*, Mike Testa (R)*, Tony Bucco (R), Joe Cryan (D), Jim Holzapfel (R), Parker Space (R),

Last Action

Introduced in the Senate, Referred to Senate Law and Public Safety Committee (on 01/09/2024)

Official Document

https://www.njleg.state.nj.us/bill-search/2024/S892

(2 Companion Bills)

Version:

Document Type	Source Location
State Bill Page	https://www.njleg.state.nj.us/bill-search/2024/S892
BillText	https://pub.njleg.gov/Bills/2026/S1000/892_I1.HTM
BillText	https://pub.njleg.gov/Bills/2024/S1000/892_I1.HTM

Bill	Bill Name	Last Action	Type
A3587	Upgrades burglary of a residence to a crime of the second degree; requires mandatory period of parole ineligibility if residence was occupied at time of offense.	Introduced, Referred to Assembly Public Safety and Preparedness Committee	Same As
S55	Upgrades burglary of a residence to a crime of the second degree; requires mandatory period of parole ineligibility if residence was occupied at time of offense.	Introduced in the Senate, Referred to Senate Law and Public Safety Committee	Carry Over

Bill > S892

summary

Introduced Session

Bill Summary

AI Summary

Committee Categories

Sponsors (7)

Last Action

Official Document

bill text

bill summary

bill summary

bill summary