This bill introduces new classifications for burglary offenses in New Jersey, establishing home invasion burglary as a second-degree crime and residential burglary as a third-degree crime. Home invasion burglary is defined as unlawfully entering a residential dwelling with the intent to commit an offense while armed or threatening bodily harm, and it is subject to the No Early Release Act, requiring offenders to serve a minimum of 85% of their sentence before being eligible for parole. The penalties for home invasion burglary include a mandatory prison term of five to ten years and a potential fine of up to $150,000, while residential burglary carries a prison term of three to five years and a fine of up to $15,000.
Additionally, the bill allows for the waiver of juvenile offenders to adult court for burglary-related offenses involving a firearm, enabling prosecutors to transfer such cases without the juvenile's consent. It also clarifies definitions related to residential dwellings and burglary, and imposes extended prison terms for individuals aged 18 or older with prior convictions for home invasion burglary involving a firearm. Those convicted of either burglary type who used or possessed a stolen vehicle during the crime would also face extended sentences. The bill mandates that applicants for certain jobs disclose any convictions for home invasion or residential burglary, thereby enhancing penalties for serious burglary offenses and streamlining the handling of juvenile offenders.
Statutes affected: Introduced: 2A:4A-26.1, 2C:43-7.2, 34:8-44