Bill > S1213

Introduced Session

This bill would create the first degree crime of home invasion and make this crime subject to the No Early Release Act. In addition, the bill would upgrade burglary of a residence to a second degree crime under certain circumstances. Specifically, under the provisions of the bill, a person would commit 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. The bill would require a mandatory term of imprisonment of between 10 years and 30 years for the crime of home invasion. Additionally, the convicted offender would be required to serve 85% of the sentence imposed, without possibility of parole, since the bill includes the crime of home invasion under the No Early Release Act, P.L.1997, c.117 (C.2C:43-7.2 et al.). A convicted offender could also be subject to a fine of up to $200,000 (the ordinary fine amount applicable to first degree crimes). As to burglary, this crime would be 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 current law, burglary is only a crime of the second degree if the defendant inflicted, attempted to inflict, or threatened bodily injury or was armed during the course of the offense. In all other circumstances, burglary is a crime of the third degree (ordinarily punishable by a term of imprisonment of between three to five years, a fine not up to $15,000, or both).

AI Summary

Committee Categories

Richard Codey (D)*,  Steven Oroho (R)*, 

Introduced in the Senate, Referred to Senate Judiciary Committee (on 02/08/2016)