New Jersey 2022-2023 Regular Session

New Jersey Senate Bill S347

Introduced
1/11/22  
Refer
1/11/22  
Report Pass
3/21/22  

Caption

Eliminates presumption of non-imprisonment for theft of a firearm.

Impact

The enactment of S347 will lead to a change in how theft offenses involving firearms are treated within the state's judicial system. By removing the presumption of non-imprisonment, the bill is expected to contribute to harsher sentencing for firearm-related theft offenses. The legislation also aligns New Jersey's approach to the seriousness of crime involving firearms with a nationwide trend that emphasizes stricter punishments for gun-related offenses, amid concerns regarding gun violence and public safety.

Summary

Senate Bill 347 (S347) aims to amend existing laws in New Jersey regarding the classification and punishment of theft, specifically targeting the theft of firearms. The new legislation eliminates the current presumption of non-imprisonment for individuals convicted of theft of a firearm, which is classified as a third-degree crime. Under the existing law, first-time offenders of third and fourth-degree crimes generally received probation rather than imprisonment, but this bill expands the offenses for which this lenient treatment does not apply, thereby increasing the likelihood of incarceration for those convicted of firearm theft.

Contention

Notable points of contention surrounding S347 include debates on the implications of stricter sentencing laws on first-time offenders and concerns about increased incarceration rates. Proponents argue that this legislation is necessary to deter firearm theft and protect public safety, while critics raise concerns about the potential for disproportionately severe consequences for individuals who may steal firearms without prior criminal records. This discussion reflects ongoing themes in criminal justice reform regarding the balance between punishment and rehabilitation, as well as the effectiveness of punitive measures in actually reducing crime.

Companion Bills

NJ A4737

Same As Eliminates presumption of non-imprisonment for theft of a firearm.

Previously Filed As

NJ A4737

Eliminates presumption of non-imprisonment for theft of a firearm.

NJ A2697

Eliminates presumption of non-imprisonment for theft of a firearm.

NJ A2048

Upgrades crime of theft of scrap metal from transportation system.

NJ A1234

Upgrades crime of theft of scrap metal from transportation system.

NJ A605

Upgrades theft to a crime of the first degree if amount involved is $500,000 or more.

NJ A635

Upgrades theft to a crime of the first degree if amount involved is $500,000 or more.

NJ A5166

Establishes separate crime of porch piracy, "Porch Theft Task Force," and public awareness campaign; appropriates funds.

NJ S3587

Upgrades, and in some circumstances provides for extended terms of imprisonment for, certain retail theft crimes, addresses gift card fraud, and authorizes new Attorney General initiatives to address organized retail theft.

NJ A4755

Upgrades, and in some circumstances provides for extended terms of imprisonment for, certain retail theft crimes, addresses gift card fraud, and authorizes new Attorney General initiatives to address organized retail theft.

NJ A3471

Upgrades penalties for theft of certain law enforcement and emergency vehicles.

Similar Bills

NJ A1234

Upgrades crime of theft of scrap metal from transportation system.

NJ A2048

Upgrades crime of theft of scrap metal from transportation system.

NJ A4737

Eliminates presumption of non-imprisonment for theft of a firearm.

NJ A2697

Eliminates presumption of non-imprisonment for theft of a firearm.

NJ A4595

Increases penalties for repeat convictions of certain motor vehicle related crimes; increases penalties for leader of auto theft trafficking network in certain circumstances.

NJ A4837

Increases penalties for leader of auto theft trafficking network in certain circumstances; increases penalties for repeat conviction of certain motor vehicle related crimes.

NJ S3006

Expands crime of leader of auto theft trafficking network; establishes third degree crime of participant in auto theft trafficking network.

NJ S301

Establishes "Pretrial Partnership for Community Support and Services Pilot Program" for certain defendants.