Bill
Bill > A4191
NJ A4191
NJ A4191Establishes third degree crime for certain trespasses involving victim of domestic violence.
summary
Introduced
02/19/2026
02/19/2026
In Committee
02/19/2026
02/19/2026
Crossed Over
Passed
Dead
Introduced Session
2026-2027 Regular Session
Bill Summary
The bill provides that a person commits residential burglary as a crime of the third degree if, intending to cause injury or intending to commit a crime, the person enters the dwelling of a victim of domestic violence who is protected by a final restraining order issued in accordance with the "Prevention of Domestic Violence Act of 1991" against the actor. Moreover, and as amended, the bill creates a presumption that the actor did intend to cause injury or to commit a crime if a final restraining order is in place, or if the actor has been convicted of or charged with a crime or offense arising from a domestic violence incident involving the victim. Finally, the bill provides that no presumption of nonincarceration shall apply to persons convicted of such crime. A crime of the third degree is punishable by three to five years imprisonment, a fine of up to $15,000, or both.
AI Summary
This bill establishes residential burglary as a third-degree crime when committed against a victim of domestic violence who has a final restraining order against the perpetrator, meaning the offender enters the victim's home with the intent to cause injury or commit another crime. A third-degree crime carries a penalty of three to five years in prison, a fine of up to $15,000, or both. The bill also creates a presumption that the offender intended to cause injury or commit a crime if a final restraining order is in place or if the offender has a prior conviction or charge related to domestic violence involving the victim; this presumption can be challenged, but it shifts the burden of proof. Importantly, individuals convicted of this specific type of residential burglary will not be eligible for a presumption against incarceration, meaning they are more likely to face jail time. The "Prevention of Domestic Violence Act of 1991" is the law that allows for the issuance of these restraining orders.
Committee Categories
Justice
Sponsors (1)
Last Action
Introduced, Referred to Assembly Judiciary Committee (on 02/19/2026)
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/2026/A4191 |
| BillText | https://pub.njleg.gov/Bills/2026/A4500/4191_I1.HTM |
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