This bill amends the current burglary laws in New Jersey by upgrading the classification of burglary of a residence. Specifically, it establishes that unlawfully entering or remaining in a dwelling or structure meant for overnight accommodation is classified as a second-degree crime. If the individual is armed with or displays what appears to be an explosive or deadly weapon during the commission of this burglary, it is elevated to a first-degree crime. The bill also clarifies that individuals convicted of second-degree burglary under this new definition will not be subject to the No Early Release Act (NERA), while those convicted of first-degree burglary while armed will be.

The current law categorizes burglary as a second-degree crime if the offender is armed or inflicts bodily injury during the offense, with all other burglaries classified as third-degree crimes. The penalties for these crimes vary, with second-degree burglary punishable by five to ten years in prison and fines up to $150,000, while third-degree burglary carries a punishment of three to five years in prison and fines up to $15,000. The bill aims to enhance the legal consequences for residential burglary, particularly when weapons are involved, thereby increasing the safety and security of residential areas.

Statutes affected:
Introduced: 2C:43-7.2