Bill > S365

Introduced Session

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

Committee Categories

Tony Bucco (R)*,  Douglas Steinhardt (R)*, 

Introduced in the Senate, Referred to Senate Judiciary Committee (on 01/13/2026)

Official Document