The bill introduces new definitions and classifications for home invasion burglary and residential burglary in New Jersey, categorizing home invasion burglary as a first-degree offense if a person enters a dwelling without permission with the intent to commit an offense while inflicting or threatening bodily injury or being armed with a weapon. Residential burglary is similarly defined but classified as a second-degree crime unless the actor can prove they reasonably believed no one was present, in which case it remains a second-degree crime but is not subject to certain sentencing provisions. Additionally, the bill amends laws regarding juvenile delinquency, allowing prosecutors to seek waiver of jurisdiction without juvenile consent for serious offenses and establishing a data collection program on juvenile waivers.

Moreover, the bill outlines stricter sentencing guidelines for crimes involving machine guns or assault firearms, mandating minimum prison terms based on the crime's degree and requiring individuals convicted of first or second-degree crimes to serve at least 85% of their sentence before being eligible for parole. It also introduces provisions for expungement of criminal records for individuals who have successfully completed special probation for substance use disorders, allowing for expungement without fees if certain conditions are met. The legislation aims to enhance public safety while providing pathways for rehabilitation and record clearance for individuals who demonstrate compliance and progress in treatment.

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