Bill Text: NJ A1596 | 2010-2011 | Regular Session | Introduced
Bill Title: Criminalizes certain actions in or on utility company's property.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Failed) 2010-02-08 - Withdrawn from Consideration [A1596 Detail]
Download: New_Jersey-2010-A1596-Introduced.html
STATE OF NEW JERSEY
214th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2010 SESSION
Sponsored by:
Assemblyman FREDERICK SCALERA
District 36 (Bergen, Essex and Passaic)
Assemblyman RALPH R. CAPUTO
District 28 (Essex)
Co-Sponsored by:
Assemblywoman Greenstein
SYNOPSIS
Criminalizes certain actions in or on utility company's property.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel
An Act concerning the security of utility companies and amending N.J.S.2C:18-1, N.J.S.2C:18-2 and N.J.S.2C:18-3.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. N.J.S.2C:18-1 is amended to read as follow:
2C:18-1. In this chapter, unless a different meaning plainly is required[,]:
a. "structure" means any building, room, ship, vessel, car, vehicle or airplane, and also means any place adapted for overnight accommodation of persons, or for carrying on business therein, whether or not a person is actually present;
b. "utility company property" means property; (1) owned by a public utility, as defined in R.S.48:2-13, or by a municipality, county, water district, authority or other public agency, and (2) which is used for the purpose of providing electric, gas or water utility service.
(cf: P.L.1980, c.112, s.1)
2. N.J.S.2C:18-2 is amended to read as follows:
2C:18-2. Burglary. a. Burglary defined. A person is guilty of burglary if, with purpose to commit an offense therein or thereon he:
(1) Enters a research facility, structure, or a separately secured or occupied portion thereof unless the structure was at the time open to the public or the actor is licensed or privileged to enter; [or]
(2) Surreptitiously remains in a research facility, structure, or a separately secured or occupied portion thereof knowing that he is not licensed or privileged to do so; or
(3) Trespasses in or upon utility company property where public notice prohibiting trespass is given by conspicuous posting, or fencing or other enclosure manifestly designed to exclude intruders.
b. Grading. Burglary is a crime of the second degree if in the course of committing the offense, the actor:
(1) Purposely, knowingly or recklessly inflicts, attempts to inflict or threatens to inflict bodily injury on anyone; or
(2) Is armed with or displays what appear to be explosives or a deadly weapon.
Otherwise burglary is a crime of the third degree. An act shall be deemed "in the course of committing" an offense if it occurs in an attempt to commit an offense or in immediate flight after the attempt or commission.
(cf: P.L.1995, c.20, s.3)
3. N.J.S.2C:18-3 is amended to read as follows:
2C:18-3. a. Unlicensed entry of structures. A person commits an offense if, knowing that he is not licensed or privileged to do so, he enters or surreptitiously remains in any research facility, structure, or separately secured or occupied portion thereof , or in or upon utility company property. An offense under this subsection is a crime of the fourth degree if it is committed in a school or on school property. The offense is a crime of the fourth degree if it is committed in a dwelling. An offense under this section is a crime of the fourth degree if it is committed in a research facility, power generation facility, waste treatment facility, public sewage facility, water treatment facility, public water facility, nuclear electric generating plant or any facility which stores, generates or handles any hazardous chemical or chemical compounds. An offense under this subsection is a crime of the fourth degree if it is committed in or upon utility company property. Otherwise it is a disorderly persons offense.
b. Defiant trespasser. A person commits a petty disorderly persons offense if, knowing that he is not licensed or privileged to do so, he enters or remains in any place as to which notice against trespass is given by:
(1) Actual communication to the actor; or
(2) Posting in a manner prescribed by law or reasonably likely to come to the attention of intruders; or
(3) Fencing or other enclosure manifestly designed to exclude intruders.
c. Peering into windows or other openings of dwelling places. A person commits a crime of the fourth degree if, knowing that he is not licensed or privileged to do so, he peers into a window or other opening of a dwelling or other structure adapted for overnight accommodation for the purpose of invading the privacy of another person and under circumstances in which a reasonable person in the dwelling or other structure would not expect to be observed.
d. Defenses. It is an affirmative defense to prosecution under this section that:
(1) A structure involved in an offense under subsection a. was abandoned;
(2) The structure was at the time open to members of the public and the actor complied with all lawful conditions imposed on access to or remaining in the structure; or
(3) The actor reasonably believed that the owner of the structure, or other person empowered to license access thereto, would have licensed him to enter or remain, or, in the case of subsection c. of this section, to peer.
(cf: P.L.2005, c.100)
4. This act shall take effect immediately.
STATEMENT
This bill amends the current burglary statute to include the act of trespassing undertaken with the purpose to commit an offense in or upon a utility company's property on which clear public notice is given prohibiting such trespass. The bill defines "utility company property" as property that is: 1) owned by a "public utility," as that term is defined in R.S.48:2-13, or a municipality, county, water district, authority, or other public agency; and 2) used for the purpose of providing electric, gas or water utility service.
Burglary is a crime of the second degree if the actor (1) purposely, knowingly or recklessly inflicts, attempts to inflict or threatens to inflict bodily injury or (2) is armed or appears to be armed. A crime of the second degree is punishable by a fine of up to $150,000; imprisonment for a term of five to 10 years; or both. In all other cases, it is a crime of the third degree, which is punishable by a fine of up to $15,000; imprisonment for a term of three to five years; or both.
The bill also establishes the unlicensed entry of a utility company's property as a crime of the fourth degree. A person commits this crime if that person unlawfully enters or surreptitiously remains in or on the property of a utility company. A crime of the fourth degree is punishable by a fine of up to $10,000; imprisonment for a term of up to 18 months; or both.
