Bill Text: NJ A5316 | 2024-2025 | Regular Session | Introduced
Bill Title: Upgrades degree of crime of auto theft when committed in connection with home invasion or residential burglary.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced) 2025-02-13 - Introduced, Referred to Assembly Judiciary Committee [A5316 Detail]
Download: New_Jersey-2024-A5316-Introduced.html
Sponsored by:
Assemblywoman VICTORIA A. FLYNN
District 13 (Monmouth)
SYNOPSIS
Upgrades degree of crime of auto theft when committed in connection with home invasion or residential burglary.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning auto theft committed under certain circumstances, and amending P.L.2023, c.101.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 1 of P.L.2023, c.101 (C.2C:20-10.1) is amended to read as follows:
1. Theft of a motor vehicle.
a. A person commits the crime of theft of a motor vehicle if the person unlawfully takes, or exercises unlawful control over, another person's motor vehicle with the purpose to deprive that person of the motor vehicle.
b. Theft or attempted theft of a motor vehicle constitutes a crime of the first degree if the commission or attempted commission of the theft occurs in the course of committing home invasion burglary pursuant to section 1 of P.L.2024, c.83 (C.2C:18-2.1).
Theft or attempted theft of a motor vehicle constitutes a crime of the second degree if the:
(1) value of the motor vehicle involved is $75,000 or more [or];
(2) [if the] theft involved more than one motor vehicle[, otherwise it is]; or
(3) commission or attempted commission of the theft occurs in the course of committing residential burglary pursuant to section 2 of P.L.2024, c.83 (C.2C:18-2.2).
Otherwise, theft or attempted theft of a motor vehicle constitutes 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.
c. The value of the motor vehicle involved in the theft shall be determined by the trier of fact. The amount shall include, but not be limited to, the amount of any State tax avoided, evaded, or otherwise unpaid, or improperly retained or disposed of. Amounts involved in thefts of motor vehicles 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.
d. Notwithstanding the provisions of N.J.S.2C:1-8 or any other provisions of law, a conviction of theft of a motor vehicle shall not merge with a conviction for home invasion burglary or residential burglary.
(cf: P.L.2023, c.101, s.1)
2. This act shall take effect immediately.
STATEMENT
This bill upgrades the degree of crime of auto theft when it is committed in connection with a home invasion or residential burglary.
Under current law, auto theft is a crime of the third degree, but is upgraded to a crime of the second degree if multiple vehicles are involved or if the value of the vehicle is $75,000 or more.
Under the bill, auto theft would also be a crime of the second degree if it is committed in connection with a residential burglary. Auto theft would become a crime of the first degree if it is committed in connection with a home invasion burglary, which is typically a residential burglary involving bodily injury or the use of a weapon. Additionally, for sentencing purposes, a conviction for auto theft would not merge with a conviction for home invasion or residential burglary.
A crime of the third degree is 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 punishable by a term of imprisonment of five to 10 years, a fine of up to $150,000, or both. A crime of the first degree is punishable by a term of imprisonment of 10 to 20 years, a fine of up to $200,000, or both.
