Bill Text: NJ A4408 | 2024-2025 | Regular Session | Introduced
Bill Title: Creates first degree crime of home invasion, upgrades certain residential burglaries to second degree crime; requires juvenile carjacking and home invasion offenses be tried in county where delinquency occurred.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced) 2024-05-16 - Introduced, Referred to Assembly Judiciary Committee [A4408 Detail]
Download: New_Jersey-2024-A4408-Introduced.html
Sponsored by:
Assemblywoman VICTORIA A. FLYNN
District 13 (Monmouth)
Assemblyman GERRY SCHARFENBERGER
District 13 (Monmouth)
SYNOPSIS
Creates first degree crime of home invasion, upgrades certain residential burglaries to second degree crime; requires juvenile carjacking and home invasion offenses be tried in county where delinquency occurred.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning juvenile delinquency complaints related to home invasions and carjacking, supplementing Title 2C of the New Jersey Statutes, and amending N.J.S.2C:18-2 and P.L.1982, c.77.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. (New section) a. A person is guilty of home invasion if the person enters or surreptitiously remains in the residential dwelling of another, knowing that the person is not licensed or privileged to do so, with the intent to commit robbery, as defined in N.J.S.2C:15-1, any crime of the first or second degree, or any crime or offense set forth in chapters 13 and 14 of Title 2C of the New Jersey Statutes, at a time when a person or persons, other than persons acting in concert with the actor, are present and the actor:
(1) uses force or inflicts bodily injury on a person in the residential dwelling;
(2) threatens a person in the residential dwelling with, or purposely or knowingly puts the person in fear of, immediate bodily injury;
(3) commits, attempts to commit, or threatens to commit any crime of the first or second degree or any crime or offense set forth in chapters 13 and 14 of Title 2C of the New Jersey Statutes; or
(4) is armed with or threatens the use of a deadly weapon or explosive.
b. Home invasion is a crime of the first degree. Notwithstanding the provisions of subsection a. of N.J.S.2C:43-6 or any other law to the contrary, a person convicted under this section shall be sentenced to a term of imprisonment of not less than 10 years and not more than 30 years.
c. As used in this section:
"Bodily injury" and "deadly weapon" shall have the meaning set forth in N.J.S.2C:11-1.
"Explosive" shall have the meaning set forth in subsection e. of N.J.S.2C:39-1.
"Residential dwelling" means a permanent structure intended as and currently being utilized as a residence by a private person or persons.
2. N.J.S.2C:18-2 is amended to read as follows:
2C:18-2. Burglary. a. Burglary defined. A person is guilty of burglary if, with purpose to commit an offense therein or thereon [he] the person:
(1) Enters a research facility, structure, or a separately secured or occupied portion thereof unless the structure was at the time
open to the public or the actor is licensed or privileged to enter;
(2) Surreptitiously remains in a research facility, structure, or a separately secured or occupied portion thereof knowing that [he] the person is not licensed or privileged to do so; or
(3) Trespasses in or upon utility company property where public notice prohibiting trespass is given by conspicuous posting, or fencing or other enclosure manifestly designed to exclude intruders.
b. Grading. Burglary is a crime of the second degree if in the course of committing the offense, the actor:
(1) Purposely, knowingly or recklessly inflicts, attempts to inflict or threatens to inflict bodily injury on anyone; [or]
(2) Is armed with or displays what appear to be explosives or a deadly weapon; or
(3) Enters a residential dwelling or surreptitiously remains in the dwelling when a resident or any other person, other than a person acting in concert with the actor, is present in the dwelling.
Otherwise burglary is a crime of the third degree. An act shall be deemed "in the course of committing" an offense if it occurs in an attempt to commit an offense or in immediate flight after the attempt or commission.
As used in this section, the term "residential dwelling" means a permanent structure intended as and currently being utilized as a residence by a private person or persons.
For the purposes of paragraph (3) of this subsection, it is not an element of the offense that the actor knew that any other person was present in the dwelling when the actor entered or surreptitiously remained in the dwelling, and it shall not be a defense that the actor did not know that any other person was present in the residential dwelling when the actor entered or surreptitiously remained in the dwelling.
"Residential dwellings" shall have the meaning set forth in Section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill).
(cf: P.L.2009, c.283, s.2)
3. Section 1 of P.L.1982, c.77 (C.2A:4A-24) is amended to read as follows:
a. Except as otherwise provided by law, the court shall have exclusive jurisdiction in all cases where it is charged that a juvenile has committed an act of delinquency and over all matters relating to a juvenile-family crisis. Upon the determination that a juvenile has committed an act of delinquency or that a juvenile-family crisis exists, the court may impose such disposition or dispositions over those persons subject to its jurisdiction consistent with the purposes of this act.
Such jurisdiction shall extend in these matters over a juvenile and his parent, guardian or any family member found by the court to be contributing to a juvenile-family crisis. The court shall, in accordance with the Rules of Court, clearly specify the responsibilities of those subject to its jurisdiction with respect to the plan of rehabilitation for the juvenile.
b. The court shall have jurisdiction in respect to the custody of any juvenile who may be held as a material witness in any case pending in the court. Whenever a juvenile is a material witness in any other court, the procedures established by this act shall be followed.
c. Juveniles who appear before the court in any capacity shall be deemed to be wards of the court and protected accordingly.
d. Nothing in this act shall affect the jurisdiction of other courts over offenses committed after a juvenile under the jurisdiction of the court reaches the age of 18 years.
e. A juvenile accused of a delinquency complaint related to home invasion or carjacking shall appear before the court and be tried in the county where the incident giving rise to the complaint allegedly occurred.
(cf: P.L.1982, c.77, s.5)
4. This act shall take effect immediately.
STATEMENT
This bill creates the first degree crime of home invasion and upgrades burglary of a residence to a second degree crime under certain circumstances. In addition, this bill requires juveniles accused of carjacking or home invasion to appear before the court and be tried in the county where alleged delinquency occurred.
Specifically, under the provisions of the bill, a person commits 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.
Under the bill, burglary is 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 the New Jersey court rules, juvenile delinquency complaints are filed in the county where the incident giving rise to the complaint allegedly occurred, but if the juvenile resides in a county other than the county of the alleged incident, the venue is set to be the county where the juvenile resides. This bill requires a juvenile accused of carjacking or home invasion to appear before court and be tried in the county where the alleged delinquency occurred.
