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Bill > S4005
NJ S4005
NJ S4005Establishes criminal liability for property destruction occurring during auto theft and police pursuit for auto theft; requires restitution for damages incurred.
summary
Introduced
01/14/2025
01/14/2025
In Committee
01/14/2025
01/14/2025
Crossed Over
Passed
Dead
Introduced Session
2024-2025 Regular Session
Bill Summary
This bill establishes criminal liability for property destruction occurring during an auto theft or a police pursuit for auto theft. Under the bill, a person commits a crime of the third degree if the person causes $500 or more in damage to property while committing, attempting to commit, or in immediate flight therefrom, an auto theft. If the amount of damage is less than $500, it is a crime of the fourth degree. The value of the damaged property is to be determined by the jury. A person is liable regardless of whether the damage is caused by the person directly, caused by police during a pursuit of the person, or caused by any other person. A person involved in the underlying auto theft, but who is not necessarily the driver causing damage, is also liable. A person convicted under the bill may be ordered to pay restitution to the owner of the damaged property up to the value determined by the jury. Under the bill, it is not a defense that the damage was actually caused by a law enforcement officer or that the defendant was not actually the driver or operator of a motor vehicle. A crime of the third degree is punishable by a term of imprisonment of three to five years, a fine of up to $15,000, or both. A crime of the fourth degree is punishable by a term of imprisonment of up to 18 months, a fine of up to $10,000, or both. For sentencing purposes, a conviction under the bill does not merge with a conviction for eluding arrest, auto theft, or any other theft crime, and a conviction for eluding arrest, auto theft, or any other theft crime does not merge with a conviction under the bill.
AI Summary
This bill establishes new criminal liability for property damage that occurs during auto theft or police pursuits related to auto theft. Under the proposed legislation, a person commits a crime if they are engaged in motor vehicle theft (or attempting to steal a vehicle) and property damage occurs during the crime or immediate aftermath, including damage caused by law enforcement efforts to pursue the stolen vehicle. If the property damage amounts to $500 or more, it is considered a third-degree crime, punishable by three to five years in prison and/or a fine up to $15,000. If the damage is less than $500, it becomes a fourth-degree crime, with potential imprisonment up to 18 months and/or a fine up to $10,000. The bill mandates that the defendant can be held liable for restitution to the property owner, even if they were not directly driving the vehicle or if the damage was actually caused by law enforcement during the pursuit. Importantly, a conviction under this section will not merge with other related convictions like eluding arrest or auto theft, meaning a person could be separately punished for each offense. The legislation aims to create stronger deterrents and accountability for individuals involved in auto theft by expanding the potential criminal and financial consequences of their actions.
Committee Categories
Justice
Sponsors (2)
Last Action
Introduced in the Senate, Referred to Senate Judiciary Committee (on 01/14/2025)
Official Document
bill text
bill summary
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bill summary
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bill summary
| Document Type | Source Location |
|---|---|
| State Bill Page | https://www.njleg.state.nj.us/bill-search/2024/S4005 |
| BillText | https://pub.njleg.gov/Bills/2024/S4500/4005_I1.HTM |
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