Bill > A1239

Introduced Session

This bill upgrades the crime of burglary of a residence. Currently, burglary is a crime of the third degree, unless the defendant either: (1) inflicts, attempts to inflict or threatens to inflict bodily injury during the course of committing the offense, or (2) is armed with or displays what appear to be explosives or a deadly weapon. In such cases burglary is a crime of the second degree. Under the bill, it would also be a crime of the second degree to unlawfully enter or surreptitiously remain in a dwelling or other structure adapted for overnight accommodation of persons, whether or not a person is actually present. If the defendant is armed with or displays what appears to be explosives or a deadly weapon, burglary of a residence would be a crime of the first degree. A crime of the first degree is punishable by a term of imprisonment of 10 to 20 years, a fine of up to $200,000, or both; a crime of the second degree, by a term of five to 10 years, a fine of up to $150,000, or both; and a crime of the third degree, by a term of three to five years, a fine of up to $15,000, or both. Under current law, a person who commits the second degree crime of burglary (by inflicting, attempting to inflict, or threatening to inflict bodily injury or by being armed) is subject to the provisions of the "No Early Release Act" (NERA). However, the bill provides that a person who commits the new second degree crime of burglary of a residence would not be subject to NERA. Under NERA, persons convicted of certain enumerated violent crimes of the first or second degree are required to serve a minimum term of at least 85% of the sentence imposed.

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Tony Bucco (R)*,  Ralph Caputo (D)*,  Robert Clifton (R)*,  Ronald Dancer (R)*,  Joe Lagana (D)*,  Thomas Giblin (D), 

Introduced, Referred to Assembly Judiciary Committee (on 01/27/2016)