This bill establishes home invasion burglary as a second-degree offense under the No Early Release Act (NERA) and defines residential burglary as a third-degree crime. Home invasion burglary is characterized by unlawfully entering a residential dwelling with the intent to inflict bodily harm, threaten harm, or being armed with a weapon. The penalties for home invasion burglary include a mandatory prison term of five to ten years, with 85% of the sentence to be served before parole eligibility, and a potential fine of up to $150,000. In contrast, residential burglary involves unlawfully entering a dwelling without permission and carries a prison term of three to five years and a fine of up to $15,000.

The bill also includes provisions for the waiver of juveniles to adult court for burglary-related offenses if a firearm is involved, and it clarifies definitions related to residential dwellings and burglary. It stipulates that individuals aged 18 or older with prior convictions for home invasion burglary involving a firearm may face extended prison terms. Additionally, those convicted of either burglary type who used or possessed a stolen vehicle during the crime would be subject to extended sentences. Lastly, 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