SENATE BUDGET AND APPROPRIATIONS COMMITTEE

STATEMENT TO

SENATE COMMITTEE SUBSTITUTE FOR

SENATE, Nos. 3006 and 3204

STATE OF NEW JERSEY

DATED: JUNE 26, 2024

      The Senate Budget and Appropriations Committee reports favorably a Senate Committee Substitute for Senate Bill Nos. 3006 and 3204.

      This committee substitute establishes the crimes of home invasion burglary and residential burglary.

      Under the substitute, 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 substitute, 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 substitute provides that a person charged with residential burglary may nevertheless still be eligible for entry into special probation, also known as Recovery Court.

      The substitute 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 substitute 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.

FISCAL IMPACT:

      The Office of Legislative Services (OLS) finds that that this bill may result in indeterminate annual State cost and revenue increases.  This bill establishes criminal penalties for the creation of the crimes of home invasion burglary, a crime of the first degree, and residential burglary, a crime of the second degree. 

      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, these new crimes, under certain circumstances, may be subject to extended terms of imprisonment under the No Early Release Act, which requires a person convicted of certain crimes to serve at least 85 percent of term of incarceration imposed before becoming eligible for parole; therefore, there may be lengthier terms of incarceration and increased costs.  However, the bill requires that eligible defendants charged with residential burglary may nevertheless still be eligible for entry into special probation, also known as Recovery Court, which carries a presumption of non-incarceration, as a diversionary program, provided that defendant completes the conditions of the program.  The bill would also provide for a juvenile charged with home invasion burglary or residential burglary, while in possession of a firearm, to be waived from the Family Court to be tried as an adult. 

      These factors in the trial procedures and sentencing of defendants may result in the Department of Law and Public Safety prosecuting additional cases; the Judiciary adjudicating additional cases; the Office of the Public Defender representing additional indigent criminal offenders; the Department of Corrections housing offenders convicted under the bill; and the State Parole Board supervising the return to society of any additional incarcerated persons.  The OLS cannot quantify the exact fiscal impact since the number of cases, convictions, and terms of imprisonment resulting from the bill’s provisions cannot be known.