Upgrades burglary of a residence as a crime of the second degree; upgrades it to a crime of the first degree if committed while armed.
Impact
Under this legislative change, burglary offenses will be categorized based on the circumstances of the crime. If an offender is armed with a weapon or displays what appears to be an explosive during the commission of the burglary, the crime is elevated to first-degree burglary. Currently, second-degree burglary may lead to a prison term of five to ten years, while a first-degree charge could result in even more severe penalties. This aligns with the New Jersey Division of Criminal Justice's focus on reducing crime rates and enhancing safety within communities.
Summary
Senate Bill S833 is a legislative proposal designed to upgrade the classification and associated penalties for burglary of a residence in New Jersey. Specifically, the bill amends N.J.S.2C:18-2 to categorize the unauthorized entry or surreptitious remaining in a dwelling or structure for overnight accommodation as a second-degree burglary. This classification is aimed at imposing harsher penalties for individuals committing such offenses, thereby addressing growing concerns about residential safety and crimes against properties where individuals reside.
Contention
Notably, the bill clarifies the application of the No Early Release Act (NERA) through this amendment. Individuals found guilty of first-degree burglary while armed will face mandatory sentencing under NERA, which requires serving a minimum of 85% of the imposed sentence before being eligible for parole. This adjustment aims to deter potential criminals by increasing the severity of the consequences associated with armed residential burglaries, although it may spark debate regarding the balance between punitive measures and rehabilitation opportunities.
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.
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.
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.