Upgrades burglary of a residence to a crime of the second degree; requires mandatory period of parole ineligibility if residence was occupied at time of offense.

A111

ASSEMBLY, No. 111

STATE OF NEW JERSEY

222nd LEGISLATURE

�

PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION

Sponsored by:

Assemblyman AL BARLAS

District 40 (Bergen, Essex and Passaic)

Assemblyman CHRISTOPHER P. DEPHILLIPS

District 40 (Bergen, Essex and Passaic)

Co-Sponsored by:

Assemblymen Azzariti Jr. and Auth

SYNOPSIS

���� Upgrades burglary of a residence to a crime of the
second degree; requires mandatory period of parole ineligibility if residence
was occupied at time of offense.

CURRENT VERSION OF TEXT

���� Introduced Pending Technical Review by Legislative
Counsel.

��

An Act

concerning burglary 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.��� 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)� Unlawfully enters or
surreptitiously remains in a dwelling or other structure adapted for overnight
accommodation of persons, whether or not a person is actually present.� If a
person was present at the time of the offense the actor shall be subject to the
provisions of subsection a. of section 2 of P.L.1997, c.117 (C.2C:43-7.2)
.

���� 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.

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

���� 2.��� 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 (C.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)
paragraph (3) of
subsection b. of
N.J.S.2C:18-2, burglary
, if a person was present at the
time of the offense
;

���� (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;

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

���� (19) subsection i. of
N.J.S.2C:39-9, firearms trafficking; or

���� (20) paragraph (3) of
subsection b. of N.J.S.2C:24-4, causing or permitting a child to engage in a
prohibited sexual act, knowing that the act may be reproduced or reconstructed
in any manner, or be part of an exhibition or performance.

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

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

���� 3.��� This act shall take
effect immediately.

STATEMENT

���� This bill would upgrade
burglary of a residence to a crime of the second degree and provide that an
offender is not eligible for early release if a person was present in the
residence at the time of the offense.

���� Currently, all burglary
offenses are crimes of the third degree unless the offender purposely,
knowingly, or recklessly inflicts, attempts to inflict, or threatens to inflict
bodily injury on someone or if the offender is armed with explosives or a deadly
weapon, in which case it is a crime of the second degree.� This bill would
provide that it is also a crime of the second degree to unlawfully enter or
surreptitiously remain in a dwelling or other structure adapted for overnight
accommodation of persons, whether or not a person is actually present.

���� Additionally, the bill would
provide that, if a person was present in the dwelling at the time of the
burglary, the offender would be subject to the provisions of subsection a. of
section 2 of P.L.1997, c.117 (C.2C:43-7.2), commonly known as the �No Early
Release Act (NERA),� which requires that certain offenders must serve a minimum
85% of the sentence of imprisonment imposed for the offense.

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