Bill Text: NJ S4005 | 2024-2025 | Regular Session | Introduced
Bill Title: Establishes criminal liability for property destruction occurring during auto theft and police pursuit for auto theft; requires restitution for damages incurred.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced) 2025-01-14 - Introduced in the Senate, Referred to Senate Judiciary Committee [S4005 Detail]
Download: New_Jersey-2024-S4005-Introduced.html
Sponsored by:
Senator DOUGLAS J. STEINHARDT
District 23 (Hunterdon, Somerset and Warren)
Senator ANTHONY M. BUCCO
District 25 (Morris and Passaic)
SYNOPSIS
Establishes criminal liability for property destruction occurring during auto theft and police pursuit for auto theft; requires restitution for damages incurred.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning criminal liability for other acts occurring during the commission of certain crimes 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. a. A person commits a crime if the person, acting either alone or with one or more other persons, is engaged in the commission of, or an attempt to commit, or flight after committing or attempting to commit, theft of a motor vehicle, and in the course of such crime or of immediate flight therefrom, any person causes damage to tangible property of another.
A violation of this subsection shall include damage to tangible property occurring as a result of law enforcement efforts to pursue a motor vehicle that a pursuing law enforcement officer has reasonable cause to believe is stolen or being used to facilitate a motor vehicle theft.
b. (1) A violation of subsection a. of this section resulting in pecuniary loss of $500 or more, as determined by the trier of fact, is a crime of the third degree.
(2) A violation of subsection a. of this section resulting in pecuniary loss of less than $500, as determined by the trier of fact, is a crime of the fourth degree.
c. In addition to any other sentence which may be imposed by law, a person convicted of a violation of subsection a. of this section shall be liable to the owner, lessee, or subrogee of the damaged tangible property for restitution up to the value as determined by the trier of fact, plus reasonable costs and attorneys' fees, incurred by the owner, lessee, or subrogee to repair or replace the damaged tangible property. The court shall order the defendant to pay as appropriate the amount of expenses incurred pursuant to this subsection.
d. It shall not be a defense to a violation of this section that damage to tangible property occurring during a law enforcement pursuit was actually caused by a law enforcement officer. It shall not be a defense to a violation of this section that the defendant was not actually the driver or operator of any motor vehicle.
e. Notwithstanding the
provisions of N.J.S.2C:1-8 or any other provisions of law, a conviction under
this section shall not merge with a conviction under N.J.S.2C:29-2 or any
section of chapter 20 of this Title, nor shall a conviction under N.J.S.2C:29-2
or any section of chapter 20 of this Title merge with a conviction under this
section.
2. This act shall take effect immediately.
STATEMENT
This bill establishes criminal liability for property destruction occurring during an auto theft or a police pursuit for auto theft. Under the bill, a person commits a crime of the third degree if the person causes $500 or more in damage to property while committing, attempting to commit, or in immediate flight therefrom, an auto theft. If the amount of damage is less than $500, it is a crime of the fourth degree. The value of the damaged property is to be determined by the jury.
A person is liable regardless of whether the damage is caused by the person directly, caused by police during a pursuit of the person, or caused by any other person. A person involved in the underlying auto theft, but who is not necessarily the driver causing damage, is also liable. A person convicted under the bill may be ordered to pay restitution to the owner of the damaged property up to the value determined by the jury. Under the bill, it is not a defense that the damage was actually caused by a law enforcement officer or that the defendant was not actually the driver or operator of a motor vehicle.
A crime of the third degree is punishable by a term of imprisonment of three to five years, a fine of up to $15,000, or both. A crime of the fourth degree is punishable by a term of imprisonment of up to 18 months, a fine of up to $10,000, or both. For sentencing purposes, a conviction under the bill does not merge with a conviction for eluding arrest, auto theft, or any other theft crime, and a conviction for eluding arrest, auto theft, or any other theft crime does not merge with a conviction under the bill.
