Bill
A 4299
Creates two new burglary offenses: home invasion (1st degree) and residential burglary (2nd degree), with enhanced penalties, juvenile waiver, and licensing consequences.
Note on bill title
- The title supplied at the top of your request (“real property tax exemption for widowed spouses of firefighters…”) does not match the text of the official documents attached. The documents for A4299 (Reprint ASL 9/19/24) address the creation and punishment of two burglary offenses (home invasion burglary and residential burglary). This summary follows the bill text in the documents.
Summary — purpose and intent
- A4299 creates two new criminal offenses under Title 2C of New Jersey law—“home invasion burglary” and “residential burglary”—and revises related juvenile-waiver, sentencing, and licensing provisions. The intent is to distinguish and increase penalties for burglaries of residential dwellings, to allow enhanced sentencing in specified circumstances, and to address juvenile prosecution and professional-licensing consequences tied to these offenses.
Key provisions
- New offenses
- Home invasion burglary: entering or surreptitiously remaining in a residential dwelling, without license or privilege, with purpose to commit an offense there, and while committing the offense either (a) purposely, knowingly, or recklessly inflicts/attempts/threatens bodily injury, or (b) is armed with or displays what appear to be explosives or a deadly weapon. Designated a first‑degree crime.
- Residential burglary: entering or surreptitiously remaining in a residential dwelling, without license or privilege, with purpose to commit an offense there. Designated a second‑degree crime.
- Definitions
- “Residential dwelling” = permanent structure used as a private residence or any place adapted for overnight accommodation.
- Non‑residential “structure” is treated separately (business locations, vehicles, vessels, etc.).
- Penalties and sentencing
- First degree: imprisonment 10–20 years, fine up to $200,000, or both.
- Second degree: imprisonment 5–10 years, fine up to $150,000, or both.
- Both offenses are subject to the No Early Release Act (NERA) (85% service) in specified circumstances. Residential burglary is subject to NERA unless the defendant shows by a preponderance of the evidence a reasonable belief that no other person was present.
- Extended terms apply when the defendant used or possessed a firearm or a stolen motor vehicle.
- Diversion and juvenile rules
- A defendant charged with residential burglary may still be eligible for “special probation” / Recovery Court (a diversionary program with a presumption of non‑incarceration if conditions are met).
- A juvenile charged with either offense while in possession of a firearm may be waived from Family Part jurisdiction to the Law Division to be tried as an adult (amendments add these offenses to waiver considerations).
- Licensing
- Conviction for either offense can be grounds for denying a professional license by the Division of Consumer Affairs.
Fiscal and system impacts
- Office of Legislative Services (OLS) estimate: indeterminate annual increases in State and local expenditures and indeterminate State revenue increases.
- Affected agencies include Department of Law & Public Safety, county prosecutors, Judiciary, Office of the Public Defender, Department of Corrections, Juvenile Justice Commission, and State Parole Board. Costs stem from prosecution, defense, adjudication, incarceration (potentially longer terms under NERA and extended sentences), probation supervision, and parole.
Procedural status and timeline
- Introduced in Assembly: May 6, 2024 (sponsored by Assemblyman Josh Jensen).
- Transferred to Assembly State & Local Government Committee and reported out with committee amendments: September 19, 2024 (Reprint ASL 9/19/24).
- Substituted by companion S3006/3204 (SCS): September 26, 2024.
- Referred to Assembly Real Property Taxation Committee: February 4, 2025 (committee referral appears to be the most recent action in the file).
- Companion bill(s): S3006/3204 (companion), prior-session A9782.
Committee amendments (selected)
- Designated degree levels (home invasion → first degree; residential burglary → second degree).
- Added definitions for residential dwelling and non‑residential structure.
- Subjected residential burglary to NERA with a specified evidentiary exception.
- Authorized extended terms when firearm or stolen vehicle is used/possessed.
- Preserved Recovery Court eligibility for residential burglary defendants.
- Allowed juvenile waiver to adult court when armed with firearm.
- Made conviction grounds for denial of professional licenses.
Sources and notes
- Legislative text (Reprint ASL 9/19/24), OLS fiscal estimate (Sept. 30, 2024), and committee statement.
Compiled from official sources — confirm details with the bill’s official record.
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