Bill > S788

Introduced Session

Presently, burglary is punishable under N.J.S.2C:18-2 as a crime of the second degree if the defendant either was armed or inflicted, attempted to inflict or threatened, bodily injury during the course of the offense. In all other circumstances, burglary is a crime of the third degree. A crime of the second degree is punishable by a term of imprisonment between five to 10 years, a fine not to exceed $150,000 or both. A crime of the third degree is punishable by a term of imprisonment between three to five years, a fine not to exceed $15,000 or both. This bill upgrades the crime of burglary of a residence to a crime of the second degree. Specifically, the bill makes it second degree burglary 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. This bill further provides that a person who commits second degree burglary of a residence under the bill would be subject to the provisions of the No Early Release Act (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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Steven Oroho (R)*,  Paul Sarlo (D)*, 

Introduced in the Senate, Referred to Senate Judiciary Committee (on 01/09/2018)