Bill > A4408

Introduced Session

This bill creates the first degree crime of home invasion and upgrades burglary of a residence to a second degree crime under certain circumstances. In addition, this bill requires juveniles accused of carjacking or home invasion to appear before the court and be tried in the county where alleged delinquency occurred. Specifically, under the provisions of the 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 the 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. The bill provides that knowledge that another person was in the home would not be an element of this upgraded crime, and it would not be a defense that the offender was unaware that another person was present in the home when they entered the residence. The upgraded crime would be punishable by a term of imprisonment between five to 10 years, a fine up to $150,000, or both. Under the New Jersey court rules, juvenile delinquency complaints are filed in the county where the incident giving rise to the complaint allegedly occurred, but if the juvenile resides in a county other than the county of the alleged incident, the venue is set to be the county where the juvenile resides. This bill requires a juvenile accused of carjacking or home invasion to appear before court and be tried in the county where the alleged delinquency occurred.

AI Summary

Committee Categories

Vicky Flynn (R)*,  Gerry Scharfenberger (R)*,  Al Barlas (R),  Sean Kean (R), 

Introduced, Referred to Assembly Judiciary Committee (on 05/16/2024)

Official Document