This bill amends the current burglary laws in New Jersey, specifically upgrading the classification of burglary of a residence. Under the new provisions, burglary of a dwelling or structure adapted for overnight accommodation is classified as a crime of the second degree. However, if the individual committing the burglary is armed with or displays what appears to be an explosive or deadly weapon, the crime is elevated to a first-degree offense. The bill also clarifies that a person convicted of second-degree burglary under these new definitions will not be subject to the No Early Release Act (NERA), while those convicted of first-degree burglary while armed will be sentenced under NERA, requiring them to serve a minimum of 85% of their sentence before being eligible for parole.

The bill modifies the existing legal language in N.J.S.2C:18-2 by adding specific criteria for grading burglary offenses. It introduces new language that defines second-degree burglary and establishes the conditions under which it can be classified as a first-degree crime. The changes aim to enhance penalties for residential burglary, particularly when weapons are involved, thereby addressing public safety concerns related to such offenses.

Statutes affected:
Introduced: 2C:43-7.2