SENATE JUDICIARY COMMITTEE

STATEMENT TO

SENATE, No. 3390

STATE OF NEW JERSEY

DATED:  DECEMBER 19, 2022

      The Senate Judiciary Committee reports favorably Senate Bill No. 3390.

      This bill expands the scope of criminal activities associated with motor vehicle master keys or devices or starting a motor vehicle without a key, subject to prosecution under N.J.S.2C:5-6 as a crime of the fourth degree.  A crime of the fourth degree is punishable by a term of imprisonment of up to 18 months, a fine of up to $10,000, or both.

      Under current law, it is a fourth-degree crime to knowingly possess a motor vehicle master key or device designed to operate a lock on  motor vehicles; to start a motor vehicle without an ignition key; or to offer or advertise for sale, sell, or give a person, other than certain enumerated persons such as a law enforcement officer or locksmith, a motor vehicle master key or device designed to operate locks on a motor vehicle or start it without an ignition key.

      This bill would also make it a fourth-degree crime to knowingly possess, for an unlawful purpose: a key fob that operates a lock or locks on, or starts, a motor vehicle owned by another person; or “a computer program, application, software, or other device adapted, designed, or commonly used to operate a lock or locks on or start a motor vehicle without an ignition key or key fob, or to copy, store information relating to, or interfere with those functions.”

      Additionally, it would be a fourth-degree crime for a person to cause a master key or device, or key fob, to enter into commerce in this State, in addition to criminally causing this to occur under current law by offering or advertising for sale, selling, or giving any such item to a person other than a law enforcement officer, locksmith, or other enumerated person in N.J.S.2C:5-6.

      Finally, it would be a fourth-degree crime for a person to offer or advertise for sale, sell, or give to any person, “a computer program, application, software, or other device adapted, designed, or commonly used to operate a lock or locks on or start a motor vehicle without an ignition key or key fob, or to copy, store information relating to, or interfere with those functions, or [to] otherwise cause[] any such item to enter into commerce in this State,” knowing the item to be adapted, designed, or commonly used for those purposes, and done with a purpose to provide the item to someone the actor knows or reasonably should know has the purpose to use or employ the item unlawfully.