CORRECTED COPY
LEGISLATIVE FISCAL ESTIMATE
[First Reprint]
ASSEMBLY, No. 4931
STATE OF NEW JERSEY
220th LEGISLATURE
DATED: FEBRUARY 13, 2023
SUMMARY
Synopsis: Establishes crimes of theft of motor vehicle and receiving stolen motor
vehicle as separate statutory provisions; provides extended sentences
for certain persistent offenders.
Type of Impact: Annual State expenditure increase.
Agencies Affected: Department of Corrections, State Parole Board, the Judiciary, Office
of the Public Defender, Department of Law and Public Safety.
Office of Legislative Services Estimate
Annual Fiscal Impact
State Cost Increase Indeterminate
 The Office of Legislative Services (OLS) determines that the Department of Corrections would
incur additional annual costs under the bill if individuals were sentenced to longer prison terms
than they otherwise would have been absent the bill’s provisions.
 The impact the bill may have on a defendant’s willingness to plead guilty, the increase or
decrease in the number of defendants offered a plea bargain or pleading to a lesser offense,
or the impact on the trial rate related to crimes of theft of a motor vehicle and receiving a
stolen motor vehicle cannot be determined. Consequently, the impact of the bill on the
workload of the Judiciary, the Department of Law and Public Safety, the State Parole
Board, and the Office of the Public Defender is also indeterminate.
BILL DESCRIPTION
This bill establishes separate statutory provisions for the crimes of theft of a motor vehicle
and receiving a stolen motor vehicle, and provides for extended sentences for certain persistent
offenders. The penalties for theft of a motor vehicle remain the same as under current law
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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with the exception that it is a crime of the second degree if the theft involves more than one
vehicle.
Under current law, receiving a stolen motor vehicle, punishable under the general statute
governing the receipt of stolen property, is a crime of the third degree, unless the value of the
vehicle is $75,000 or greater, in which case it is a crime of the second degree. This bill
establishes receiving a stolen motor vehicle as a separate offense. Also under the bill, a
permissive inference may apply to certain persons with knowledge or belief that they received
a stolen motor vehicle in violation of the bill.
Per the bill, a person is a persistent motor vehicle offender if a person convicted of theft of
a motor vehicle, receiving a stolen motor vehicle, or carjacking has previously been convicted
of one of these crimes on two or more prior and separate occasions, regardless of the dates of
the convictions. Certain persistent offenders may be sentenced to an extended prison term,
upon motion of the prosecutor and under certain circumstances.
FISCAL ANALYSIS
THE JUDICIARY
The OLS has not received a formal fiscal note on this bill. However, upon request, the
Judiciary indicated that it is unable to estimate the fiscal impact of the bill on the court system.
The Judiciary cannot estimate the impact this bill may have on a defendant’s willingness to
plead guilty, the increase or decrease in the number of defendant’s being offered a plea bargain
or pleading to a lesser offense, or the possible increase or decrease in the trial rate.
OFFICE OF LEGISLATIVE SERVICES
The OLS determines that the Department of Corrections would incur additional annual costs
under the bill if individuals were sentenced to longer prison terms than they otherwise would have
been absent the bill’s provisions.
Theft of a motor vehicle is currently a crime of the second degree if the value of the motor
vehicle involved is $75,000 or more, otherwise it is a crime of the third degree. A crime of the
third degree is punishable by three to five years imprisonment, a fine of up to $15,000, or both. A
crime of the second degree is punishable by a fine of up to $150,000, a term of imprisonment of
five to 10 years, or both. Although the penalties for theft of a motor vehicle remain the same
as under current law, this bill broadens current statute by establishing a crime of the second
degree of a theft involving more than one motor vehicle. The bill’s crime of the second degree
for theft of more than one motor vehicle therefore would result in longer terms of incarceration
and increased costs for the Department of Corrections. Generally, crimes of the third degree carry
with them the presumption of non-incarceration for first time offenders. However, the
presumption of non-incarceration does not apply to crimes of the third degree involving motor
vehicle theft.
The bill also provides that a persistent stolen motor vehicle offender, as described in the
bill, may be sentenced to an extended prison term, upon the motion of the prosecutor and under
certain circumstances. Individuals sentenced to longer prison terms would generate additional
costs to the Department of Corrections. In an informal estimate previously provided by the
department, the average annual cost of housing an inmate in a State correctional facility is
$55,389, with a daily cost of $151.75. The cost is based on FY 2021 actual expenditures and is
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an average of all facilities, with an exception of the Special Treatment Unit at the Adult Diagnostic
and Treatment Center that houses civilly committed residents.
The impact the bill may have on a defendant’s willingness to plead guilty, the increase or
decrease in the number of defendants offered a plea bargain or pleading to a lesser offense, or the
impact on the trial rate related to crimes of theft of a motor vehicle and receiving a stolen motor
vehicle cannot be determined. Consequently, the impact of the bill on the workload of the
Judiciary, the Department of Law and Public safety, the State Parole Board, and the Office of the
Public Defender is also indeterminate.
The OLS also notes that the costs under the bill may be offset somewhat by way of fines
and penalties, though the State’s ability to collect these 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: 34:8-44, 45:19-16, 53:2-11, 53:2-16, 56:8-141
Advance Law: 34:8-44, 45:19-16, 53:2-11, 53:2-16, 56:8-141
Pamphlet Law: 34:8-44, 45:19-16, 52:4B-11, 53:2-11, 53:2-16, 56:8-141