A4473

An Act concerning residential burglary and funeral disruption, and amending P.L.2006, c.93 and P.L.2024, c.83.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. Section 2 of P.L.2024, c.83 (C.2C:18-2.2) is amended to read as follows:

2. a. A person is guilty of residential burglary if, with purpose to commit an offense therein or thereon, the person:

(1) Enters a residential dwelling or accommodation, or a separately secured portion thereof, unless the actor is licensed or privileged to enter; or

(2) Surreptitiously remains in a residential dwelling or accommodation, or a separately secured portion thereof, knowing that the actor is not licensed or privileged to do so.

b. For the purposes of subsection a. of this section, it is not an element of the offense that the actor knew that any other person was present in the residential dwelling or accommodation when the actor entered or surreptitiously remained therein, and it shall not be a defense that the actor did not know that any other person was present in the residential dwelling or accommodation when the actor entered or surreptitiously remained therein.

c. (1) Residential burglary is a crime of the second degree, subject to section 2 of P.L.1997, c.117 (C.2C:43-7.2), [unless] including if the actor knew or reasonably believed that no resident or any other person, other than a person acting in concert with the actor, was present due to the death of a resident or due to a resident’s travel to or attendance at a funeral.

(2) Residential burglary is a crime of the second degree, not subject to section 2 of P.L.1997, c.117 (C.2C:43-7.2), if the actor demonstrates by a preponderance of evidence that the actor reasonably believed that no resident or any other person, other than a person acting in concert with the actor, was present in the residential dwelling or accommodation when the actor entered or surreptitiously remained therein [, in which case the offense is a crime of the second degree, not subject to section 2 of P.L.1997, c.117 (C.2C:43-7.2)].

(cf: P.L.2024, c.83, s.2)

2. Section 2 of P.L.2006, c.93 (C.2C:33-8.1) is amended to read as follows:

2. a. As used in this act:

“funeral” means the ceremonies, processions and memorial services held in connection with the burial or cremation of the dead; and

“demonstration” includes the following:

(1) any picketing or similar conduct,

(2) any oration, speech, use of sound amplification equipment or device, or similar conduct that is not part of a funeral,

(3) the display of any placard, banner, flag, or similar device, unless such a display is part of a funeral, or

(4) the distribution of any handbill, pamphlet, leaflet, or other written or printed matter other than a program distributed as part of a funeral.

b. A person is guilty of disrupting a funeral if [, during the period beginning one hour prior to the scheduled commencement of a funeral, and until one hour following the actual completion of the funeral, with the purpose of causing inconvenience, annoyance or alarm to the funeral or its participants, or of recklessly creating the risk thereof, the person knowingly]:

(1) during the period beginning one hour prior to the scheduled commencement of a funeral, and until one hour following the actual completion of the funeral, with the purpose of causing inconvenience, annoyance, or alarm to the funeral or its participants, or of recklessly creating the risk thereof, the person knowingly obstructs, hinders, impedes or blocks another person’s entry to or exit from the funeral, the funeral procession, the funeral home, church, synagogue, temple or other place of public worship or other location at which a funeral takes place as part of demonstration activities, [or]

(2) during the period beginning one hour prior to the scheduled commencement of a funeral, and until one hour following the actual completion of the funeral, with the purpose of causing inconvenience, annoyance or alarm to the funeral or its participants, or of recklessly creating the risk thereof, the person knowingly engages in demonstration activities within 500 feet of the funeral, the funeral procession, the funeral home, church, synagogue, temple or other place of public worship or other location at which a funeral takes place and makes or assists in the making of noise, diversions, or threatening gestures, or engages in any other disruptive conduct, that disrupts or tends to disrupt the peace or good order of the funeral; or

(3) the person uses information from a funeral announcement in furtherance of committing, attempting to commit, or conspiring with another to commit a crime or offense specified in Chapters 16, 17, 18, 20, 21, or 33 of Title 2C of the New Jersey Statutes.

c. Disrupting a funeral in violation of paragraphs (1) or (2) of subsection b. of this section is a disorderly persons offense. Disrupting a funeral in violation of paragraph (3) of subsection c. of this section is a crime of the fourth degree. Notwithstanding the provisions of N.J.S.2C:1-8 or any other provision of law, a conviction arising under paragraph (3) of subsection b. of this section shall not merge with a conviction for any underlying crime or offense. The court shall impose consecutive sentences upon a conviction under paragraph (3) of subsection b. of this section and a conviction of any underlying crime or offense.

(cf: P.L.2006, c.93, s.2)

3. This act shall take effect immediately.

STATEMENT

This bill imposes enhanced criminal penalties for residential burglary committed in connection with a funeral, as well as for other crimes committed using information from funeral announcements.

Under current law, residential burglary is a crime of the second degree and is subject to sentencing enhancements under the No Early Release Act (NERA). However, it is possible for the NERA enhancement to not be imposed if the defendant demonstrates that the defendant reasonably believed that the residence was unoccupied at the time of the burglary.

Under the bill, the NERA enhancement will be imposed if it is shown that the defendant knew or reasonably believed that the residence would be unoccupied due to the death of a resident or due to a resident’s travel to or attendance at a funeral. The imposition of the NERA enhancement, for an unoccupied residential burglary, is intended to address the phenomenon of burglars using information from funeral announcements to target the unoccupied residence of a recently deceased person, or the unoccupied residences of a deceased person’s next of kin who are likely to be attending a funeral during the burglary.

In addition, the bill amends the law concerning funeral disruption, by upgrading funeral disruption to a fourth degree crime if the defendant uses information from a funeral announcement in furtherance of committing, attempting to commit, or conspiring with another to commit a crime specified in Chapters 16 (bias intimidation), 17 (property destruction), 18 (burglary), 20 (theft), 21 (fraud), or 33 (disorderly conduct) of Title 2C of the New Jersey Statutes. Under current law, disrupting a funeral is a disorderly persons offense.

A crime of the second degree is punishable by five to ten years of imprisonment, a fine of up to $150,000, or both. A crime of the fourth degree is punishable by imprisonment for up to 18 months, a fine of up to $10,000, or both. A disorderly persons offense is punishable by imprisonment for up to six months, a fine of up to $1,000, or both.