ASSEMBLY STATE AND LOCAL GOVERNMENT COMMITTEE

STATEMENT TO

ASSEMBLY, No. 4299

with committee amendments

STATE OF NEW JERSEY

DATED:  SEPTEMBER 19, 2024

      The Assembly State and Local Government Committee reports favorably and with committee amendments Assembly Bill No. 4299.

      As amended, the bill establishes the crimes of home invasion burglary and residential burglary.

      Under the bill, a person is guilty of the crime of home invasion burglary if the person enters or surreptitiously remains in a residential dwelling, without license or privilege to do so, and with purpose to commit an offense therein or thereon and, in the course of committing the offense, purposely, knowingly, or recklessly inflicts bodily injury, or is armed with a deadly weapon.  Home invasion burglary is a crime of the first degree.

      A person is guilty of the crime of residential burglary if the person enters or surreptitiously remains in a residential dwelling, without license or privilege to do so, and with purpose to commit an offense therein or thereon.  Residential burglary is a crime of the second degree.

      A “residential dwelling” is defined as “a permanent structure intended as and currently being utilized as a residence by a private person or persons, and any place adapted for overnight accommodation of persons.”  By contrast, a non-residential “structure” is defined as “any building, room, ship, vessel, car, vehicle or airplane, and also means any place for carrying on business therein, whether or not a person is actually present.”

      A crime of the first degree is punishable by a term of imprisonment of between 10 to 20 years, a fine of up to $200,000, or both.  A crime of the second degree is punishable by a term of imprisonment of between 5 to 10 years, a fine of up to $150,000, or both.  Additionally, home invasion burglary is subject to the “No Early Release Act,” which requires a person convicted of certain crimes to serve at least 85% of term of incarceration imposed before becoming eligible for parole.  Residential burglary is also subject to the “No Early Release Act,” unless the defendant demonstrates by a preponderance of evidence a reasonable belief that no other person was present in the residence.  Under the bill, convictions for home invasion burglary or residential burglary, where the defendant used or possessed a firearm, or where the defendant used or possessed a stolen motor vehicle, are also subject to extended terms of imprisonment.

      Notwithstanding the inclusion of residential burglary under the “No Early Release Act,” the bill provides that a person charged with residential burglary may nevertheless still be eligible for entry into special probation, also known as Recovery Court.

      The bill further provides that a juvenile charged with home invasion burglary or residential burglary, while in possession of a firearm, may be waived from the Family Part of the Superior Court to the Law Division to be tried as an adult. 

      Finally, the bill provides that a conviction for home invasion burglary or residential burglary may serve as grounds to deny a professional license from the Division of Consumer Affairs in the Department of Law and Public Safety.

      As amended and reported by the committee, Assembly Bill No. 4299 is identical to Senate Bill Nos. 3006/3204 (SCS), which was reported by the committee on this date.

COMMITTEE AMENDMENTS:

      The committee amended the bill to:

      provide definitions for residential dwelling and non-residential “structure;”

      designate home invasion as a first degree crime from a second degree crime and designate residential burglary as a second degree crime from a third degree crime;

      subject residential burglary to the “No Early Release Act;”

      allow extended of terms of imprisonment for convictions of home invasion burglary or residential burglary when the defendant possessed or used a firearm;

      permit a person charged with residential burglary to be eligible for entry into Recovery Court;

      permit a juvenile to be waived from the Family Part of the Superior Court to the Law Division to be tried as an adult if the juvenile is charged with home invasion burglary or residential burglary, while in possession of a firearm; and

      provide that a conviction for home invasion burglary or residential burglary may serve as grounds to deny a professional license from the Division of Consumer Affairs in the Department of Law and Public Safety.