Bill Text: NJ S3496 | 2018-2019 | Regular Session | Amended


Bill Title: "Defense Against Porch Pirates Act"; creates new category of theft, with penalties including mandatory restitution and community service, for taking package delivered to residence by cargo carrier.*

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced - Dead) 2020-01-13 - Substituted by A5072 (1R) [S3496 Detail]

Download: New_Jersey-2018-S3496-Amended.html

[First Reprint]

SENATE, No. 3496

STATE OF NEW JERSEY

218th LEGISLATURE

 

INTRODUCED FEBRUARY 21, 2019

 


 

Sponsored by:

Senator  LINDA R. GREENSTEIN

District 14 (Mercer and Middlesex)

Senator  JOSEPH P. CRYAN

District 20 (Union)

 

 

 

 

SYNOPSIS

     "Defense Against Porch Pirates Act"; creates new category of theft, with penalties including mandatory restitution and community service, for taking package delivered to residence by cargo carrier.

 

CURRENT VERSION OF TEXT

     As reported by the Senate Judiciary Committee on January 9, 2020, with amendments.

  


An Act concerning theft and amending N.J.S.2C:20-3 and supplementing Title 2C of the New Jersey Statutes.

 

     Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

     1.    (New section)  This act shall be known and may be cited as the "Defense Against Porch Pirates Act."

 

     2.    N.J.S.2C:20-3 is amended to read as follows:

     2C:20-3.     Theft by Unlawful Taking or Disposition.

     a.     Movable property.  A person is guilty of theft if he unlawfully takes, or exercises unlawful control over, movable property of another with purpose to deprive him thereof.

     b.    Immovable property. A person is guilty of theft if he unlawfully transfers any interest in immovable property of another with purpose to benefit himself or another not entitled thereto.

     c. 1(1)1 A person who commits theft in violation of subsection a. of this section by taking a package delivered to a residential property by any cargo carrier 1[shall be] is1 guilty of 1a disorderly persons offense for a first violation, and guilty of1 a fourth degree crime 1[if the amount taken does not exceed $200.  If the amount taken exceeds $200, the person shall be guilty of a crime one degree higher than the underlying offense] for a second or subsequent violation.  Notwithstanding the provisions of N.J.S.2C:1-8 or any other provisions of law, a conviction arising under subsection a. of this section shall not merge with a conviction under this subsection, nor shall a conviction under this subsection merge with a conviction under subsection a. of this section1 .

     1[d.]  (2)1  Notwithstanding the provisions of N.J.S.2C:43-3 and in addition to any other fine or penalty imposed, a person who 1[commits theft in violation of] is convicted under this1 subsection 1[a. of this section by taking a package delivered to a residential property by any cargo carrier]1 shall be sentenced to make restitution and shall be sentenced to perform community service for a period of up to ten days.

(cf: N.J.S.2C:20-3)

 

     3.    This act shall take effect immediately.

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