Sponsored by:
Senator JOHN J. BURZICHELLI
District 3 (Cumberland, Gloucester and Salem)
SYNOPSIS
Allows sentencing to extended term for repeat convictions of receipt of stolen property.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning receipt of stolen property 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. Upon request of the prosecutor, a person who has been convicted of receiving stolen property pursuant to N.J.S.2C:20-7 shall be sentenced to an extended term of imprisonment pursuant to N.J.S.2C:43-7 if the person has previously been convicted on two or more prior and separate occasions, regardless of the dates of the convictions, for a violation of N.J.S.2C:20-7, or a crime under any statute of the United States, this State, or any other state for a crime that is substantially equivalent to a violation of N.J.S.2C:20-7.
b. The provisions of this section shall not apply unless the prior convictions are for crimes committed on separate occasions and the crime for which the defendant is being sentenced was committed either:
(1) within 10 years of the date of the defendants last release from confinement for the commission of any crime; or
(2) within 10 years of the date of the commission of the most recent of the crimes enumerated in subsection a. of this section for which the defendant has a prior conviction.
c. Prior convictions shall be defined and proven in accordance with N.J.S.2C:44-4.
d. The court shall not impose a sentence of imprisonment pursuant to this section unless the ground therefor has been established at a hearing after the conviction of the defendant and on written notice to the defendant of the ground proposed. The defendant shall have the right to hear and controvert the evidence against him and to offer evidence upon the issue.
2. This act shall take effect immediately.
STATEMENT
This bill provides that a person may be sentenced to an extended term of imprisonment for repeat convictions of receiving stolen property.
Under the bill, a person is a persistent offender if the person has previously been convicted on two or more prior and separate occasions of receiving stolen property in violation of N.J.S.A.2C:20-7, regardless of the dates of the convictions. A persistent offender may be sentenced to an extended term, upon motion of the prosecutor, if the prior conviction is for a crime committed on a separate occasion and the crime for which the person is being sentenced was either: (1) within 10 years of the date of the defendants last release from confinement for the commission of any crime; or (2) within 10 years of the date of the commission of the most recent violation of N.J.S.2C:20-7 for which the defendant has a prior conviction.