ASSEMBLY JUDICIARY COMMITTEE

STATEMENT TO

ASSEMBLY, No. 3732

With committee amendments

STATE OF NEW JERSEY

DATED:  MARCH 10, 2025

      The Assembly Judiciary Committee reports favorably Assembly Bill No. 3732 with committee amendments.

      As amended, the bill provides that a person commits residential burglary as a crime of the third degree if, intending to cause injury or intending to commit a crime, the person enters the dwelling of a victim of domestic violence who is protected by a final restraining order issued in accordance with the “Prevention of Domestic Violence Act of 1991” against the actor.  Moreover, the bill creates a presumption that the actor did intend to cause annoyance or injury or to commit a crime if a final restraining order is in place, or if the actor has been convicted of or charged with a crime or offense arising from a domestic violence incident involving the victim.  Finally, the bill provides that no presumption of nonincarceration shall apply to persons convicted of such crime. 

      A crime of the third degree is punishable by three to five years imprisonment, a fine of up to $15,000, or both. 

COMMITTEE AMENDMENTS:

      The committee amended the bill to:

      (1) establish the crime as residential burglary pursuant to N.J.S.A.2C:18-2.2, rather than under defiant trespasser pursuant to N.J.S.A.2C:18-3; and

      (2) clarify that a person commits a third degree crime only when the victim is protected by a final restraining order issued pursuant to the “Prevention of Domestic Violence Act of 1991.”  The committee amendments clarify that the bill does not extend to temporary restraining orders issued pursuant to the “Prevention of Domestic Violence Act of 1991.”