Bill
S 3006
The bill creates two new offenses: first‑degree home invasion burglary with aggravated conditions and second‑degree residential burglary, with stricter penalties and NERA rules.
Subject: Establishes the crimes of home invasion burglary and residential burglary (New Jersey)
Status and effective date
- Enacted as P.L.2024, c.83. The Act takes effect immediately.
Purpose and intent
- To create distinct offenses for unlawful entry into residences and to increase penalties where conduct threatens occupants — distinguishing a more serious “home invasion burglary” from “residential burglary,” and to adjust related juvenile waiver and sentencing consequences.
Key provisions
- New statutory sections (C.2C:18‑2.1 and C.2C:18‑2.2):
- Home invasion burglary (first-degree)
- Occurs when a person, without license or privilege, enters or surreptitiously remains in a residential dwelling (or separately secured portion) with the purpose to commit an offense therein or thereon, and in the course of that offense:
- Purposely, knowingly, or recklessly inflicts, attempts to inflict, or threatens bodily injury on anyone; or
- Is armed with or displays what appear to be explosives or a deadly weapon.
- Grading/penalty: Crime of the first degree — imprisonment 10–20 years, fine up to $200,000, or both. Subject to the No Early Release Act (NERA) in enumerated circumstances (see below).
- Residential burglary (second-degree)
- Occurs when a person, without license or privilege, enters or surreptitiously remains in a residential dwelling (or separately secured portion) with intent to commit an offense therein or thereon.
- Grading/penalty: Crime of the second degree — imprisonment 5–10 years, fine up to $150,000, or both.
- NERA and exception: Residential burglary is treated as subject to NERA (85% parole‑ineligibility and related mandatory supervision periods) except when the defendant demonstrates by a preponderance of evidence that they reasonably believed no resident or other non‑accomplice was present at entry, in which case the second‑degree grading remains but without NERA application.
- Definitions and interpretive language:
- “In the course of committing” is clarified to include acts during an attempt or immediate flight after an attempt/commission.
- Committee materials define “residential dwelling” to include permanent residences and places adapted for overnight accommodation.
- Juvenile cases and waiver
- The bill amends juvenile waiver procedures (C.2A:4A‑26.1) so that juveniles (age 15+) charged with home invasion or residential burglary while possessing a firearm may be waived from Family Part jurisdiction to be tried as adults if statutory standards are met.
- Other consequences
- Convictions may be grounds for denying certain professional licenses through the Division of Consumer Affairs.
- The law allows eligible defendants charged with residential burglary to be considered for special probation (Recovery Court), a diversionary program with a presumption of non‑incarceration if conditions are met.
Who is affected
- Defendants charged with burglary of residential dwellings (adults and certain juveniles).
- Victims/households (legal protection upgrade).
- Criminal justice system agencies: county prosecutors, Judiciary, Office of the Public Defender, Department of Corrections, State Parole Board, and Division of Consumer Affairs.
Fiscal and operational impact
- Office of Legislative Services: indeterminate annual State expenditure and revenue increases.
- Potential increases: prosecutions, court caseloads, indigent defense, incarceration costs (longer terms under NERA where applicable), and parole supervision.
- The bill may generate indeterminate additional revenues from fines and fees, although collection historically limited.
Legislative action highlights
- Reported and amended in Senate and Assembly committees (Senate Judiciary; Senate Budget & Appropriations; Assembly State & Local Government).
- Passed both houses (Senate and Assembly) and enacted as P.L.2024, c.83 (effective immediately).
Compiled from official sources — confirm details with the bill’s official record.
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