Bill > S3204

Introduced Session

This bill creates This bill creates the second degree crime of home invasion burglary, subject to the No Early Release Act (NERA), and the third degree crime of residential burglary, which would not be subject to the NERA. Additionally, it allows for the waiver of juveniles to adult criminal court for crimes related to the burglary of residential dwellings and clarifies statutory definitions. Specifically, under the provisions of this bill, a person commits the crime of home invasion burglary if the person enters or remains surreptitiously in a residential dwelling without license or permission to do so and: 1) purposely, knowingly, or recklessly inflicts bodily injury on anyone; 2) attempts to inflict or threatens to inflict bodily injury on anyone; or 3) is armed with or displays what appear to be explosives or a deadly weapon. As a second degree crime, home invasion burglary would be penalized by a mandatory term of imprisonment between five to 10 years. Additionally, the convicted offender would be required to serve 85 percent of the sentence imposed, without the possibility of parole since the bill includes the crime of home invasion burglary under the NERA. A convicted offender could also be subject to a fine of up to $150,000 (the ordinary fine amount applicable to second degree crimes). Under the provisions of this bill, a person commits the crime of residential burglary if the person enters or remains surreptitiously in a residential dwelling without a license or permission to do so. As a third degree crime, the term of imprisonment for a residential burglary is between three to five years, a fine of up to $15,000, or both. In addition, this bill provides for the waiver of a juvenile to adult criminal court if a home invasion burglary or residential burglary is committed while the juvenile is in possession of a firearm. The bill also clarifies the definition of residential dwelling and the statutory definition of burglary. The provisions of this bill provide that a person who is at least 18 years old and has a prior conviction for a home invasion burglary in which the person used or possessed a firearm during the commission of the crime would be subject to an extended term of imprisonment. Additionally, under the provisions of this bill, a person convicted of a home invasion burglary or a residential burglary who, in the course of committing or attempting to commit the crime, used or was in possession of a stolen vehicle, would be subject to an extended term of imprisonment. Finally, this bill would require a person applying for certain employment opportunities to file a disclosure statement stating whether or not the applicant has been convicted of home invasion burglary or residential burglary.

AI Summary

Committee Categories

Vin Gopal (D)*,  Patrick Diegnan (D), 

Combined with S3006 (SCS) (on 06/26/2024)

Official Document