ASSEMBLY PUBLIC SAFETY AND PREPAREDNESS COMMITTEE

STATEMENT TO

ASSEMBLY, No. 4532

STATE OF NEW JERSEY

DATED:  JUNE 17, 2024

      The Assembly Public Safety and Preparedness Committee reports favorably Assembly Bill No. 4532.

      As reported by the committee, this bill establishes burglary of a residence as a separate crime from the crime of burglary pursuant to N.J.S.A.2C:18-2, thus facilitating the tracking of the crime of burglary of residential dwellings in this State.

     Under the bill, “residential dwelling” is defined as: (1) any building or structure, though movable or temporary, or a portion thereof, which serves primarily as a residence for one or more persons; or (2) any place adapted for overnight accommodation of persons.

     The penalties for burglary of a residence remain the same as under current law.  It is a crime of the third degree to commit a burglary of a residential dwelling under this bill; except that it is a crime of the second degree if the actor: (1) purposely, knowingly, or recklessly inflicts, attempts to inflict, or threatens to inflict bodily injury on anyone; (2) is armed with or displays what appear to be explosives or a deadly weapon; or (3) enters the residential dwelling while a resident or any other person, other than a person acting in concert with the actor, is present in the residential dwelling.

      A crime of the third degree is punishable by three to five years imprisonment, a fine of up to $15,000, or both.  A crime of the second degree is punishable by five to 10 years imprisonment, a fine of up to $150,000, or both.