Increases statute of limitations for prosecution of theft of firearm.

A1385

ASSEMBLY, No. 1385

STATE OF NEW JERSEY

222nd LEGISLATURE

�

PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION

Sponsored by:

Assemblywoman ELLEN J. PARK

District 37 (Bergen)

SYNOPSIS

���� Increases statute of limitations for prosecution of
theft of firearm.

CURRENT VERSION OF TEXT

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

��

An Act

concerning theft of a firearm and amending
N.J.S.2C:1-6.

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

���� 1.��� N.J.S.2C:1-6 is amended
to read as follows:

���� 2C:1-6.� Time Limitations.�
a.� (1)� A prosecution for any offense set forth in N.J.S.2C:11-3,
N.J.S.2C:11-4, N.J.S.2C:14-2 or sections 1 through 5 of P.L.2002, c.26
(C.2C:38-1 through C.2C:38-5) may be commenced at any time.

���� (2)�� A prosecution for any
offense set forth in N.J.S.2C:17-2, section 9 of P.L.1970, c.39 (C.13:1E-9),
section 20 of P.L.1989, c.34 (C.13:1E-48.20), section 19 of P.L.1954, c.212
(C.26:2C-19), section 10 of P.L.1984, c.173 (C.34:5A-41), or section 10 of P.L.1977,
c.74 (C.58:10A-10) may be commenced at any time.

���� b.��� Except as otherwise
provided in this section, prosecutions for other offenses are subject to the
following periods of limitations:

���� (1)�� A prosecution for a
crime must be commenced within five years after it is committed;

���� (2)�� A prosecution for a
disorderly persons offense or petty disorderly persons offense must be
commenced within one year after it is committed;

���� (3)�� A prosecution for any
offense set forth in N.J.S.2C:27-2, N.J.S.2C:27-4, N.J.S.2C:27-6,
N.J.S.2C:27-7, N.J.S.2C:29-4, N.J.S.2C:30-2, N.J.S.2C:30-3, or any attempt or
conspiracy to commit such an offense, must be commenced within seven years
after the commission of the offense;

���� (4)�� A prosecution for an
offense set forth in N.J.S.2C:14-3 or N.J.S.2C:24-4, when the victim at the
time of the offense is below the age of 18 years, must be commenced within five
years of the victim's attaining the age of 18 or within two years of the discovery
of the offense by the victim, whichever is later;

���� (5)�� (Deleted by amendment,
P.L.2007, c.131)
;

����
(6)�� A prosecution for
theft of a firearm pursuant to subparagraph (b) of paragraph (2) of subsection
b. of N.J.S.2C:20-2 must be commenced within 10 years after the commission of
the offense.

���� �c.��� An offense is committed
either when every element occurs or, if a legislative purpose to prohibit a
continuing course of conduct plainly appears, at the time when the course of
conduct or the defendant's complicity therein is terminated.� Time starts to run
on the day after the offense is committed, except that when the prosecution is
supported by physical evidence that identifies the actor by means of DNA
testing or fingerprint analysis, time does not start to run until the State is
in possession of both the physical evidence and the DNA or fingerprint evidence
necessary to establish the identification of the actor by means of comparison
to the physical evidence.

���� d.��� A prosecution is
commenced for a crime when an indictment is found and for a nonindictable
offense when a warrant or other process is issued, provided that such warrant
or process is executed without unreasonable delay. Nothing contained in this
section, however, shall be deemed to prohibit the downgrading of an offense at
any time if the prosecution of the greater offense was commenced within the
statute of limitations applicable to the greater offense.

���� e.���� The period of
limitation does not run during any time when a prosecution against the accused
for the same conduct is pending in this State.

���� f.���� The limitations in this
section shall not apply to any person fleeing from justice.

���� g.��� Except as otherwise
provided in this code, no civil action shall be brought pursuant to this code
more than five years after such action accrues.

(cf: P.L.2007, c.131, s.1)

���� 2.��� This act shall take
effect immediately and shall be applicable to all offenses occurring on or
after the effective date of this act.� A prosecution for an offense committed
prior to the effective date of P.L.��� , c.��� (pending before the Legislature
as this bill) shall be governed by the five-year statute of limitations as it
was set forth in N.J.S.2C:1-6 prior to the effective date of P.L.��� , c.��� (pending
before the Legislature as this bill).

STATEMENT

���� This bill would increase the
statute of limitations for theft of a firearm.

���� Under current law, theft of a
firearm constitutes a crime of the third degree, which is punishable by
imprisonment of three to five years, a fine of up to $15,000, or both.�
Generally, prosecution of a crime of the first, second, third, or fourth degree
is required to be commenced within five years after the crime is committed.
Therefore, prosecution for theft of a firearm is to be commenced within five
years.

���� This bill would increase the
current five-year limitation on prosecuting the crime of theft of a firearm to
10 years.