Bill Text: NJ A1270 | 2024-2025 | Regular Session | Introduced
Bill Title: Elevates disorderly persons theft to crime of fourth degree upon second conviction within two years.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced) 2024-01-09 - Introduced, Referred to Assembly Judiciary Committee [A1270 Detail]
Download: New_Jersey-2024-A1270-Introduced.html
STATE OF NEW JERSEY
221st LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2024 SESSION
Sponsored by:
Assemblyman ALEX SAUICKIE
District 12 (Burlington, Middlesex, Monmouth and Ocean)
SYNOPSIS
Elevates disorderly persons theft to crime of fourth degree upon second conviction within two years.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel.
An Act concerning theft and amending N.J.S.2C:20-2.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. N.J.S.2C:20-2 is amended to read as follows:
2C:20-2. a. Consolidation of Theft and Computer Criminal Activity Offenses. Conduct denominated theft or computer criminal activity in this chapter constitutes a single offense, but each episode or transaction may be the subject of a separate prosecution and conviction. A charge of theft or computer criminal activity may be supported by evidence that it was committed in any manner that would be theft or computer criminal activity under this chapter, notwithstanding the specification of a different manner in the indictment or accusation, subject only to the power of the court to ensure fair trial by granting a bill of particulars, discovery, a continuance, or other appropriate relief where the conduct of the defense would be prejudiced by lack of fair notice or by surprise.
b. Grading of theft offenses.
(1) Theft constitutes a crime of the second degree if:
(a) The amount involved is $75,000 or more;
(b) The property is taken by extortion;
(c) The property stolen is a controlled dangerous substance or controlled substance analog as defined in N.J.S.2C:35-2 and the quantity is in excess of one kilogram;
(d) The property stolen is a person's benefits under federal or State law, or from any other source, which the Department of Human Services or an agency acting on its behalf has budgeted for the person's health care and the amount involved is $75,000 or more;
(e) The property stolen is human remains or any part thereof; except that, if the human remains are stolen by deception or falsification of a document by which a gift of all or part of a human body may be made pursuant to P.L.2008, c.50 (C.26:6-77 et al.), the theft constitutes a crime of the first degree; or
(f) It is in breach of an obligation by a person in his capacity as a fiduciary and the amount involved is $50,000 or more.
(2) Theft constitutes a crime of the third degree if:
(a) The amount involved exceeds $500 but is less than $75,000;
(b) The property stolen is a firearm, motor vehicle, vessel, boat, horse, domestic companion animal or airplane;
(c) The property stolen is a controlled dangerous substance or controlled substance analog as defined in N.J.S.2C:35-2 and the amount involved is less than $75,000 or is undetermined and the quantity is one kilogram or less;
(d) It is from the person of the victim;
(e) It is in breach of an obligation by a person in his capacity as a fiduciary and the amount involved is less than $50,000;
(f) It is by threat not amounting to extortion;
(g) It is of a public record, writing or instrument kept, filed or deposited according to law with or in the keeping of any public office or public servant;
(h) The property stolen is a person's benefits under federal or State law, or from any other source, which the Department of Human Services or an agency acting on its behalf has budgeted for the person's health care and the amount involved is less than $75,000;
(i) The property stolen is any real or personal property related to, necessary for, or derived from research, regardless of value, including, but not limited to, any sample, specimens and components thereof, research subject, including any warm-blooded or cold-blooded animals being used for research or intended for use in research, supplies, records, data or test results, prototypes or equipment, as well as any proprietary information or other type of information related to research;
(j) The property stolen is a New Jersey Prescription Blank as referred to in R.S.45:14-14;
(k) The property stolen consists of an access device or a defaced access device;
(l) The property stolen consists of anhydrous ammonia and the actor intends it to be used to manufacture methamphetamine; or
(m) The property stolen consists of a package delivered to a residential property by a cargo carrier and the amount involved is less than $75,000 or is undetermined.
(3) Theft constitutes a crime of the fourth degree if:
(i) the amount involved is at least $200 but does not exceed $500; or
(ii) the person was previously convicted within the past two years of theft and the amount involved was less than $200 in violation of subparagraph (a) of paragraph (4) of this subsection.
(4) Theft constitutes a disorderly persons offense if:
(a) The amount involved was less than $200; or
(b) The property stolen is an electronic vehicle identification system transponder.
The amount involved in a theft or computer criminal activity shall be determined by the trier of fact. The amount shall include, but shall not be limited to, the amount of any State tax avoided, evaded or otherwise unpaid, improperly retained or disposed of. Amounts involved in thefts or computer criminal activities committed pursuant to one scheme or course of conduct, whether from the same person or several persons, may be aggregated in determining the grade of the offense.
c. Claim of right. It is an affirmative defense to prosecution for theft that the actor:
(1) Was unaware that the property or service was that of another;
(2) Acted under an honest claim of right to the property or service involved or that he had a right to acquire or dispose of it as he did; or
(3) Took property exposed for sale, intending to purchase and pay for it promptly, or reasonably believing that the owner, if present, would have consented.
d. Theft from spouse. It is no defense that theft or computer criminal activity was from or committed against the actor's spouse, except that misappropriation of household and personal effects, or other property normally accessible to both spouses, is theft or computer criminal activity only if it occurs after the parties have ceased living together.
(cf: P.L.2021, c.448)
2. This act shall take effect immediately.
STATEMENT
This bill addresses repeat convictions for disorderly persons theft. Ordinarily, theft offenses are graded by the value of the property or amount taken. Theft is graded as a disorderly persons offense if the amount involved was less than $200, or the property stolen is an electronic vehicle identification system transponder. A disorderly persons offense is punishable by up to six months imprisonment, a fine up to $1,000, or both.
This bill provides that if the person has been previously convicted within the past two years of a theft offense under paragraph (4) of subsection b. of N.J.S.A.2C:20-2, the current conviction shall be graded as a crime of the fourth degree. A crime of the fourth degree is ordinarily punishable by up to 18 months imprisonment, a fine of up to $10,000, or both. The bill would not prohibit a higher degree theft charge if the value of the property stolen for the current crime exceeds the value for a fourth degree charge. Theft is a crime of the fourth degree if the amount is at least $200 and not more than $500.
This bill is consistent with pending legislation in New York which would elevate petit larceny, a misdemeanor, to grand larceny, a low level felony, if the person was convicted for petit larceny conviction within the previous two years.
