Bill Text: NJ S494 | 2010-2011 | Regular Session | Introduced
Bill Title: Classifies burglary of a residence as a crime of the second degree.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2010-01-12 - Introduced in the Senate, Referred to Senate Judiciary Committee [S494 Detail]
Download: New_Jersey-2010-S494-Introduced.html
STATE OF NEW JERSEY
214th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2010 SESSION
Sponsored by:
Senator JOHN A. GIRGENTI
District 35 (Bergen and Passaic)
Senator SHIRLEY K. TURNER
District 15 (Mercer)
Co-Sponsored by:
Senators A.R.Bucco and Allen
SYNOPSIS
Classifies burglary of a residence as a crime of the second degree.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel
An Act concerning burglary and amending N.J.S.2C:18-2.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. 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 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.
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 ;or
(3) Unlawfully enters or surreptitiously remains in a dwelling or other structure adapted for overnight accommodation of persons, whether or not a person is actually present.
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).
2. This act shall take effect immediately.
STATEMENT
This bill upgrades the crime of burglary under certain circumstances. Presently, burglary is punishable under N.J.S.2C:18-2 as a crime of the second degree if the defendant either was armed or inflicted, attempted to inflict or threatened, bodily injury during the course of the offense. In all other circumstances, burglary is a crime of the third degree.
The bill classifies the crime of burglary as a crime of the second degree if the actor unlawfully enters or surreptitiously remains in a building adapted for overnight accommodation of persons, whether or not a person is actually present.
A crime of the third degree is punishable by a term of imprisonment between three to five years, a fine not to exceed $15, 000 or both. A crime of the second degree is punishable by a term of imprisonment between five to 10 years, a fine not to exceed $150,000 or both.
