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 or remaining in a residential dwelling with the intent to commit an offense while inflicting or threatening bodily injury or being armed with a weapon. This offense carries a mandatory prison term of five to ten years, with 85% of the sentence required to be served before parole eligibility, and a potential fine of up to $150,000. Residential burglary, which involves unlawful entry into a dwelling without permission, is punishable by three to five years in prison and a fine of up to $15,000. Both offenses are subject to the No Early Release Act, ensuring that convicted individuals serve a significant portion of their sentences.

Additionally, the bill allows for the waiver of juvenile offenders to adult court for home invasion or residential burglary if a firearm is involved, enabling prosecutors to seek jurisdiction without the juvenile's consent under specific conditions. It also clarifies definitions related to burglary and residential dwellings, ensuring that juveniles committing serious offenses can be held accountable similarly to adult offenders. The legislation includes provisions for extended prison terms for individuals aged 18 or older with prior convictions for home invasion burglary involving a firearm, as well as for those who used or possessed a stolen vehicle during the crime. Furthermore, the bill mandates that applicants for certain jobs disclose any convictions for home invasion or residential burglary.

Statutes affected:
Introduced: 2A:4A-26.1, 2C:43-7.2, 34:8-44