Creates first degree crime of home invasion, makes crime subject to No Early Release Act, and upgrades burglary of a residence to a second degree crime under certain circumstances.

An Act concerning home invasion, supplementing Title 2C of the New Jersey Statutes, and amending N.J.S.2C:18-2 and P.L.1997, c.117.

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

1. (New section) a. A person is guilty of home invasion if he enters or surreptitiously remains in the residential dwelling of another, knowing that he is not licensed or privileged to do so, with the intent to commit a robbery, as defined in N.J.S.2C:15-1, any crime of the first or second degree, or any crime or offense set forth in chapters 13 and 14 of Title 2C of the New Jersey Statutes, at a time when a person or persons, other than persons acting in concert with the actor, are present and the actor:

(1) uses force or inflicts bodily injury on a person in the residential dwelling;

(2) threatens a person in the residential dwelling with, or purposely or knowingly puts him in fear of, immediate bodily injury;

(3) commits, attempts to commit, or threatens to commit any crime of the first or second degree or any crime or offense set forth in chapters 13 and 14 of Title 2C of the New Jersey Statutes; or

(4) is armed with or threatens the use of a deadly weapon or explosive.

b. Home invasion is a crime of the first degree. Notwithstanding the provisions of subsection a. of N.J.S.2C:43-6 or any other law to the contrary, a person convicted under this section shall be sentenced to a term of imprisonment between 10 and 30 years.

c. As used in this section:

“Bodily injury” and “deadly weapon” shall have the meaning set forth in N.J.S.2C:11-1.

“Explosive” shall have the meaning set forth in subsection e. of N.J.S.2C:39-1.

“Residential dwelling” means a permanent structure intended as and currently being utilized as a residence by a private person or persons.

2. N.J.S.2C:18-2 is amended to read as follows:

2C:18-2. Burglary. a. Burglary defined. A person is guilty of burglary if, with purpose to commit an offense therein or thereon he:

(1) Enters a research facility, structure, or a separately secured or occupied portion thereof unless the structure was at the time open to the public or the actor is licensed or privileged to enter;

(2) Surreptitiously remains in a research facility, structure, or a separately secured or occupied portion thereof knowing that he is not licensed or privileged to do so; or

(3) Trespasses in or upon utility company property where public notice prohibiting trespass is given by conspicuous posting, or fencing or other enclosure manifestly designed to exclude intruders.

b. Grading. Burglary is a crime of the second degree if in the course of committing the offense, the actor:

(1) Purposely, knowingly or recklessly inflicts, attempts to inflict or threatens to inflict bodily injury on anyone; [or]

(2) Is armed with or displays what appear to be explosives or a deadly weapon ; or

(3) Enters a residential dwelling or surreptitiously remains in the dwelling when a resident or any other person, other than a person acting in concert with the actor, is present in the dwelling .

Otherwise burglary is a crime of the third degree. An act shall be deemed "in the course of committing" an offense if it occurs in an attempt to commit an offense or in immediate flight after the attempt or commission.

As used in this section, the term “residential dwelling” means a permanent structure intended as and currently being utilized as a residence by a private person or persons.

For the purposes of paragraph (3) of this subsection, it is not an element of the offense that the actor knew that any other person was present in the dwelling when the actor entered or surreptitiously remained in the dwelling, and it shall not be a defense that the actor did not know that any other person was present in the residential dwelling when the actor entered or surreptitiously remained in the dwelling.

(cf: P.L.2009, c.283, s.2)

3. Section 2 of P.L.1997, c.117 (C.2C:43-7.2) is amended to read as follows:

2. a. A court imposing a sentence of incarceration for a crime of the first or second degree enumerated in subsection d. of this section shall fix a minimum term of 85% of the sentence imposed, during which the defendant shall not be eligible for parole.

b. The minimum term required by subsection a. of this section shall be fixed as a part of every sentence of incarceration imposed upon every conviction of a crime enumerated in subsection d. of this section, whether the sentence of incarceration is determined pursuant to N.J.S.2C:43-6, N.J.S.2C:43-7, N.J.S.2C:11-3 or any other provision of law, and shall be calculated based upon the sentence of incarceration actually imposed. The provisions of subsection a. of this section shall not be construed or applied to reduce the time that must be served before eligibility for parole by an inmate sentenced to a mandatory minimum period of incarceration. Solely for the purpose of calculating the minimum term of parole ineligibility pursuant to subsection a. of this section, a sentence of life imprisonment shall be deemed to be 75 years.

c. Notwithstanding any other provision of law to the contrary and in addition to any other sentence imposed, a court imposing a minimum period of parole ineligibility of 85 percent of the sentence pursuant to this section shall also impose a five-year term of parole supervision if the defendant is being sentenced for a crime of the first degree, or a three-year term of parole supervision if the defendant is being sentenced for a crime of the second degree. The term of parole supervision shall commence upon the completion of the sentence of incarceration imposed by the court pursuant to subsection a. of this section unless the defendant is serving a sentence of incarceration for another crime at the time he completes the sentence of incarceration imposed pursuant to subsection a., in which case the term of parole supervision shall commence immediately upon the defendant's release from incarceration. During the term of parole supervision the defendant shall remain in release status in the community in the legal custody of the Commissioner of the Department of Corrections and shall be supervised by the State Parole Board as if on parole and shall be subject to the provisions and conditions of section 3 of P.L.1997, c.117 (C.30:4-123.51b).

d. The court shall impose sentence pursuant to subsection a. of this section upon conviction of the following crimes or an attempt or conspiracy to commit any of these crimes:

(1) N.J.S.2C:11-3, murder;

(2) N.J.S.2C:11-4, aggravated manslaughter or manslaughter;

(3) N.J.S.2C:11-5, vehicular homicide;

(4) subsection b. of N.J.S.2C:12-1, aggravated assault;

(5) subsection b. of section 1 of P.L.1996, c.14 (2C:12-11), disarming a law enforcement officer;

(6) N.J.S.2C:13-1, kidnapping;

(7) subsection a. of N.J.S.2C:14-2, aggravated sexual assault;

(8) subsection b. of N.J.S.2C:14-2 and paragraph (1) of subsection c. of N.J.S.2C:14-2, sexual assault;

(9) N.J.S.2C:15-1, robbery;

(10) section 1 of P.L.1993, c.221 (C.2C:15-2), carjacking;

(11) paragraph (1) of subsection a. of N.J.S.2C:17-1, aggravated arson;

(12) N.J.S.2C:18-2, burglary;

(13) subsection a. of N.J.S.2C:20-5, extortion;

(14) subsection b. of section 1 of P.L.1997, c.185 (C.2C:35-4.1), booby traps in manufacturing or distribution facilities;

(15) N.J.S.2C:35-9, strict liability for drug induced deaths;

(16) section 2 of P.L.2002, c.26 (C.2C:38-2), terrorism;

(17) section 3 of P.L.2002, c.26 (C.2C:38-3), producing or possessing chemical weapons, biological agents or nuclear or radiological devices; [or]

(18) N.J.S.2C:41-2, racketeering, when it is a crime of the first degree ; or

(19) P.L. , c. (C. ) (pending before the Legislature as this bill), home invasion .

e. (Deleted by amendment, P.L.2001, c.129).

(cf: P.L.2013, c.136, s.4)

4. This act shall take effect immediately.

STATEMENT

This bill creates the first degree crime of home invasion and makes this crime subject to the No Early Release Act. In addition, the bill upgrades burglary of a residence to a second degree crime under certain circumstances.

Specifically, under the provisions of this bill, a person commits the crime of home invasion if he or she enters a person’s residence with the intent to commit a robbery, a first or second degree crime, or certain kidnapping and sexual crimes or offenses when another person or persons are present and the actor: 1) uses force or inflicts bodily injury on a person in the residence; 2) threatens a person in the residence with, or purposely or knowingly, puts the person in fear of immediate bodily injury; 3) commits, attempts to commit, or threatens to commit any first or second degree crime or certain kidnapping and sexual crimes and offenses; or 4) is armed with or threatens the use of a deadly weapon or explosive.

Under this bill, home invasion is a first degree crime, and upon conviction, requires the person to be sentenced to a term of imprisonment between 10 and 30 years.

In addition, the bill provides that a person who is convicted of the crime of home invasion is subject to sentencing under the No Early Release Act (NERA). A person sentenced under the NERA is required to serve 85% of the sentence imposed, during which he or she would not be eligible for parole.

Further, under the provisions of this bill, burglary is upgraded to a second degree crime if a person enters a residence when a resident or any other person, other than a person acting in concert with the actor, is present in the home. Under this bill, knowledge that another person was in the home is not an element of this offense and it is not a defense that the offender was unaware that another person was present in the home when they entered the residence.

Under current law, burglary is a crime of the second degree if the defendant inflicted, attempted to inflict, or threatened bodily injury or was armed during the course of the offense. In all other circumstances, burglary is a crime of the third degree. A crime of the second degree is punishable by a term of imprisonment between five to 10 years, a fine not to exceed $150,000 or both. A crime of the third degree is punishable by a term of imprisonment between three to five years, a fine not to exceed $15,000 or both.