LEGISLATIVE FISCAL ESTIMATE
SENATE, No. 3345
STATE OF NEW JERSEY
220th LEGISLATURE
DATED: FEBRUARY 13, 2023
SUMMARY
Synopsis: Upgrades crime of leader of auto theft trafficking network; establishes
second degree crime of participant in auto theft trafficking network.
Type of Impact: Annual State expenditure and revenue increases.
Agencies Affected: Department of Corrections, State Parole Board, Department of Law
and Public Safety, the Judiciary, Office of the Public Defender.
Office of Legislative Services Estimate
Fiscal Impact Annual
State Cost Increase Indeterminate
State Revenue Increase Indeterminate
 The Office of Legislative Services (OLS) projects that this bill will result in annual State
expenditure and revenue increases. The following State agencies would incur caseload and
expenditure increases: i) the Department of Corrections would have to house more inmates for
longer terms of imprisonment and the State Parole Board would have to supervise their return
to society; ii) the Department of Law and Public Safety would have to prosecute additional
cases if the upgraded penalties create a reluctance on the part of a defendant to enter a guilty
plea; iii) the Judiciary would have to adjudicate additional cases; and iv) the Office of the
Public Defender would have to represent additional low-income criminal defendants.
 The OLS does not have sufficient information on the potential increases in number of
convictions and terms of imprisonment resulting from the bill’s provisions and therefore is
unable to estimate the costs to the State.
 This bill would upgrade the crime of leader of an auto theft trafficking network to a crime of
the first degree and establish a second degree crime of participant in auto theft trafficking
network. The OLS notes the State may receive indeterminate revenue from regular and
enhanced fines imposed on individuals convicted of the crimes under this bill. However, the
State’s ability to collect criminal fines and penalties has historically been limited.
Office of Legislative Services Legislative Budget and Finance Office
State House Annex Phone (609) 847-3105
P.O. Box 068 Fax (609) 777-2442
Trenton, New Jersey 08625 www.njleg.state.nj.us
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BILL DESCRIPTION
This bill would upgrade and expand the scope of the crime of leader of an auto theft trafficking
network, and establish a new crime of participant in an auto theft trafficking network.
This bill upgrades the crime of leader of an auto theft trafficking network from a crime of the
second degree to a crime of the first degree. Secondly, the bill expands the scope of the crime of
leader of an auto theft trafficking network to include automobile parts in addition to automobiles
as stolen property, among other things. Lastly, the bill establishes a new second degree crime of
participant in an auto theft trafficking network.
FISCAL ANALYSIS
EXECUTIVE BRANCH
None received.
OFFICE OF LEGISLATIVE SERVICES
The OLS projects that this bill will result in annual State expenditure and revenue increases.
The following State agencies would incur caseload and expenditure increases: i) the Department
of Corrections would have to house more inmates for longer terms of imprisonment and the State
Parole Board would have to supervise their return to society; ii) the Department of Law and Public
Safety would have to prosecute additional cases if the upgraded penalties create a reluctance on
the part of a defendant to enter a guilty plea; iii) the Judiciary would have to adjudicate additional
cases; and iv) the Office of the Public Defender would have to represent additional low-income
criminal defendants.
Crime data made available on the official State website indicates that there were 10,279 motor
vehicle thefts in 2020 and 4,962 motor vehicle thefts for the period January through June in 2021.
However, the OLS does not have a breakdown on the sentencing of these offenders to ascertain
how many are or are likely to be incarcerated in State prisons. According to statistics made
available on the Department of Corrections website, as of January 2022, of the 12,492 inmates in
State facilities, 526, or four percent, were incarcerated for “property offenses,” which include
burglary, arson, theft, forgery, embezzlement, and receiving or possessing stolen property. The
data does not provide a breakdown by the number of motor vehicle thefts or number of offenders
receiving stolen vehicles.
The OLS does not have sufficient information on the potential increases in number of
convictions and terms of imprisonment resulting from the bill’s provisions and therefore is unable
to estimate the costs to the State. Any increase in incarceration will result in increased costs to the
Department of Corrections for housing inmates. In an informal estimate previously provided by
the department, the average annual cost of housing an inmate in a State correctional facility was
$55,389 with a daily cost of $151.75. The cost was based on FY 2021 actual expenditures and is
an average of all facilities, not including the Special Treatment Unit at the Adult Diagnostic and
Treatment Center that houses civilly committed residents. Any increase in incarceration under the
bill also would result in increased costs to the State Parole Board to supervise the return to society
of additional convicted persons.
This bill upgrades the crime of leader of an auto theft trafficking network from a crime of the
second degree to a crime of the first degree. A first degree crime is punishable by a term of
imprisonment of 10 to 20 years and a fine of up to $200,000 may generally be imposed in addition
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to or instead of imprisonment. The bill, however, provides for an enhanced fine of up to $500,000
or five times the retail value of the stolen automobile or automobile parts seized at the time of
arrest, whichever amount is greater. Secondly, the bill expands the scope of the crime of leader of
an auto theft trafficking network to include automobile parts in addition to automobiles as stolen
property, among other things. Lastly, the bill establishes a new second degree crime of participant
in an auto theft trafficking network. This new crime would be punishable by a term of
imprisonment of five to 10 years, an enhanced fine of up to $250,000 or five times the retail value
of the motor vehicles or motor vehicle parts seized at the time of arrest, whichever amount is
greater, or both imprisonment and a fine.
The OLS notes the State may receive indeterminate revenue from regular and enhanced fines
imposed on individuals convicted of the crimes under this bill. However, the State’s ability to
collect criminal fines and penalties has historically been limited.
Section: Judiciary
Analyst: Anuja Pande Joshi
Associate Fiscal Analyst
Approved: Thomas Koenig
Legislative Budget and Finance Officer
This legislative fiscal estimate has been produced by the Office of Legislative Services due to the
failure of the Executive Branch to respond to our request for a fiscal note.
This fiscal estimate has been prepared pursuant to P.L.1980, c.67 (C.52:13B-6 et seq.).


Statutes affected:
Introduced: 2C:20-18