SENATE JUDICIARY COMMITTEE

STATEMENT TO

SENATE, No. 3557

STATE OF NEW JERSEY

DATED:  DECEMBER 16, 2024

      The Senate Judiciary Committee reports favorably Senate Bill No. 3557.

      This bill changes the monetary threshold to $100 for distinguishing between a lower, nonindictable disorderly persons offense of theft and the indictable fourth-degree crime of theft under N.J.S.2C:20-2 and for distinguishing between the lower indictable fourth-degree crime of obtaining or depriving another of a benefit by impersonation or theft of identity and the higher third-degree indictable crime of impersonation or identity theft under N.J.S.2C:21-17.  Under current law, the monetary threshold for triggering the higher crime of theft is $200 and is $500 for triggering the higher degree of criminal impersonation or identity theft.

      A disorderly persons offense is ordinarily punishable by a term of imprisonment of up to six months, a fine of up to $1,000, or both.  A crime of the fourth degree is ordinarily punishable by a term of imprisonment of up to 18 months, a fine of up to $10,000, or both.  And a crime of the third degree is ordinarily punishable by a term of imprisonment of three to five years, a fine of up to $15,000, or both.

      However, regarding the aforementioned indictable crimes of the fourth and third degrees, as well as any indictable crimes of the fourth, third, second, or first degree set forth in chapter 20 of Title 2C (N.J.S.2C:20-1 to P.L.2017, c.74 (C.2C:20-39), the bill provides that “[n]otwithstanding the provisions of N.J.S.2C:43-6 [sentence of imprisonment; terms] or any other provision of law to the contrary, a person convicted of theft, pursuant to this chapter, as an indictable offense shall be sentenced to a minimum term of imprisonment of not less than a year.”  The same sentencing requirement would apply to any form of indictable criminal impersonation or theft of identity set forth under N.J.S.2C:21-17.