New Jersey Senate Bill S705

New Jersey 2022-2023 Regular Session

• Introduced: 1/11/22
• Refer: 1/11/22

Caption

Creates first degree crime of home invasion, makes crime subject to No Early Release Act, and upgrades burglary of residence to second degree crime under certain circumstances.

Impact

The legislation imposes a mandatory prison sentence of 10 to 30 years for home invasion, with the requirement that offenders serve at least 85% of their sentence before being eligible for parole, aligning with the provisions of the No Early Release Act. Additionally, anyone convicted of burglary may face upgraded charges to a second-degree crime if they enter a residence when individuals are present. This adjustment is pivotal as it underscores the seriousness of such intrusions and elevates the legal stakes for potential offenders.

Summary

Bill S705 introduces the first-degree crime of home invasion to New Jersey law and establishes strict penalties for offenders. Under the proposed statute, a person would be guilty of home invasion if they enter a residential dwelling without permission, intending to commit robbery or any serious crime while another person is present. This significant legal shift aims to increase the severity of consequences for home invasion scenarios, which often escalate to violent confrontations.

Contention

There may be points of contention surrounding this bill, particularly regarding the implications for existing laws on burglary and personal rights. Critics might argue that the stringent penalties could lead to overcrowding in correctional facilities and question the fairness of prosecuting individuals under harsh interpretations of home invasion criteria. Furthermore, the notion of making knowledge of another person's presence irrelevant in establishing guilt could raise concerns about equitable justice and due process for accused individuals.