Bill Text: NJ A5166 | 2024-2025 | Regular Session | Introduced
Bill Title: Establishes separate crime of porch piracy, "Porch Theft Task Force," and public awareness campaign; appropriates funds.
Spectrum: Partisan Bill (Democrat 5-0)
Status: (Introduced) 2025-01-14 - Introduced, Referred to Assembly Judiciary Committee [A5166 Detail]
Download: New_Jersey-2024-A5166-Introduced.html
Sponsored by:
Assemblyman REGINALD W. ATKINS
District 20 (Union)
Assemblywoman LINDA S. CARTER
District 22 (Somerset and Union)
Assemblywoman SHANIQUE SPEIGHT
District 29 (Essex and Hudson)
Co-Sponsored by:
Assemblyman Marenco and Assemblywoman McCann Stamato
SYNOPSIS
Establishes separate crime of porch piracy, "Porch Theft Task Force," and public awareness campaign; appropriates funds.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning theft of packages delivered to residential properties, and amending N.J.S.2C:20-2, supplementing Title 2C of the New Jersey Statutes, and making an appropriation.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. (New section) a. A person commits the crime of residential package theft if the person unlawfully takes, or exercises unlawful control over, a package delivered to a residential property by a cargo carrier, as defined under subsection w. of N.J.S.2C:20-1.
b. Residential package theft is a crime of the third degree if the amount involved is less than $75,000 or is undetermined, and is a crime of the second degree if the amount involved is $75,000 or more. Notwithstanding the provisions of N.J.S.2C:43-3 and in addition to any other disposition authorized by law, the court may impose a fine not to exceed $250,000 or five times the retail value of the contents of the package stolen from the residence seized at the time of the arrest, whichever is greater.
c. (1) The presumption of non-imprisonment, pursuant to subsection e. of N.J.S.2C:44-1, shall not apply to a person convicted of a first offense under this section.
(2) A person convicted of a second or subsequent offense under this section shall be sentenced to a term of imprisonment that shall include a mandatory minimum term of one-third to one-half of the sentence imposed, during which time the defendant shall not be eligible for parole. The court may not suspend or make any other non-custodial disposition of any person sentenced as a second or subsequent offender pursuant to this section.
For the purposes of this section, an offense is considered a second or subsequent offense if the actor has been convicted pursuant to this section at any time, or under any similar statute of the United States, this State, or any other state for an offense that is substantially equivalent to this section.
d. Nothing contained in this section shall be construed to preclude or limit a prosecution or conviction of any person for home invasion burglary pursuant to section 1 of P.L.2024, c.83 (C.2C:18-2.1), residential burglary pursuant to section 2 of P.L.2024, c.83 (C.2C:18-2.2), unlicensed entry or trespass pursuant to N.J.S.2C:18-3, or any other offense.
2. (New section) a. The "Porch Theft Task Force" is established in the Department of Law and Public Safety.
The purposes of the task force shall be: to facilitate the coordination and collaboration of State, county, and local law enforcement agencies' efforts to prevent, deter, investigate, and prosecute residential package thefts; centralize the collection of data relevant to residential package theft cases to identify patterns, trends, and the possible involvement of organized crime; and facilitate collaboration between law enforcement agencies and cargo carriers, as defined under subsection w. of N.J.S.2C:20-1, to prevent and deter residential package thefts.
b. The Attorney General, or a designee, shall serve as the chair of the task force. The other members of the task force may be appointed by the Governor but shall include, at a minimum, representation from State and local law enforcement agencies reflecting the geographic and demographic diversity of this State; representation from cargo carriers, as defined under subsection w. of N.J.S.2C:20-1, including at least one representative of the United States Postal Service; and members of the public with experience or expertise relevant to the purposes of the task force.
c. Appointments to the task force shall be made no later than 30 days following the effective date of P.L. , c. (pending before the Legislature as this bill). Vacancies shall be filled in the same manner as the original appointments. The members of the task force shall serve without compensation, but shall be eligible for reimbursement for necessary and reasonable expenses incurred in the performance of their official duties within the limits of funds appropriated or otherwise made available to the task force for its purposes.
d. The task force shall organize as soon as practicable following the appointment of its members. The Department of Law and Public Safety shall provide stenographic, clerical, and other administrative assistance, and professional staff, as the task force requires to carry out its work. The task force shall also be entitled to call to its assistance and avail itself of the services of the employees of any State, county, or municipal department, board, bureau, commission, or agency as the task force may require and as may be available to the task force for its purposes. The task force may meet and hold hearings at the place or places the task force designates.
e. No later than six months after its organization the task force shall prepare and submit to the Governor and, pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), to the Legislature a report detailing the work of the task force, Statewide data collected by the task force, and any recommendations concerning law enforcement or business practices that would reduce or eliminate residential package theft. The task force shall prepare and submit an updated report annually thereafter.
3. (New section) The Attorney General and the Director of the Division of Consumer Affairs in the Department of Law and Public Safety, in consultation with the members of the "Porch Theft Task Force" established pursuant to section 2 of P.L. , c. (pending before the Legislature as this bill), shall develop, approve, and implement a public awareness campaign to educate residents of this State concerning residential package theft, measures to prevent residential package theft, and how to report residential package thefts to law enforcement agencies.
4. (New section) There is appropriated from the General Fund to the Department of Law and Public Safety such funds as shall be necessary for the implementation of P.L. , c. (pending before the Legislature as this bill), as certified by the Attorney General and subject to the approval of the Director of the Division of Budget and Accounting in the Department of the Treasury.
5. 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, 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; or
(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.] (Deleted by amendment, P.L. , c. ) (pending before the Legislature as this bill)
(3) Theft constitutes a crime of the fourth degree if the amount involved is at least $200 but does not exceed $500.
(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, thefts of motor vehicles, 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.2023, c.101, s.4)
6. This act shall take effect immediately.
STATEMENT
This bill establishes a separate crime of residential package theft, also known as "porch piracy," as a distinct crime, separate from the consolidated theft statute, N.J.S.2C:20-2.
Under the bill, residential package theft is a crime of the third degree if the amount involved is less than $75,000 or is undetermined, and is a crime of the second degree if the amount involved is $75,000 or more. A crime of the third degree is ordinarily punishable by a term of imprisonment of three to five years, a fine of up to $15,000, or both. A crime of the second degree is ordinarily punishable by a term of imprisonment of five to 10 years, a fine of up to $150,000, or both.
Under the bill, in addition to any other disposition authorized by law, the court may impose a fine not to exceed $250,000 or five times the retail value of the contents of the package stolen from the residence seized at the time of the arrest, whichever is greater.
Also, under the bill, in addition to the ordinary penalties for crimes of the third or second degree, the presumption of non-imprisonment for a person convicted of a first offense of a crime of the third degree would not apply. Further, a person convicted of a second or subsequent offense is required to serve a mandatory minimum term of one-third to one-half of the sentence imposed, during which time the defendant shall not be eligible for parole. The bill also provides that a person may be charged with residential package theft in addition to, or in combination with, any other crime such as home invasion burglary, residential burglary, or trespass, as applicable.
Additionally, the bill establishes the "Porch Theft Task Force" to be led by the Attorney General, and involving State and local law enforcement and delivery companies. The task force is required to track and reduce residential package thefts, centralize data collection concerning residential package thefts, and coordinate law enforcement efforts.
The bill requires the Director of the Division of Consumer Affairs in the Department of Law and Public Safety to establish a public awareness campaign to educate residents on how to prevent residential package theft.
Finally, the bill appropriates from the General Fund to the Department of Law and Public Safety such funds as are necessary to implement the bill.
