Upgrades crime of theft of scrap metal from transportation system.

A2145

ASSEMBLY, No. 2145

STATE OF NEW JERSEY

222nd LEGISLATURE

�

PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION

Sponsored by:

Assemblywoman ELIANA PINTOR MARIN

District 29 (Essex and Hudson)

SYNOPSIS

���� Upgrades crime of theft of scrap metal from
transportation system.

CURRENT VERSION OF TEXT

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

��

An Act

concerning theft and amending N.J.S.2C:20-2 and
N.J.S.2C:44-1.

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

���� 1.��� N.J.S.2C:20-2 is amended
to read as follows:

���� 2C:20-2.���� a.� Consolidation
of Theft and Computer Criminal Activity Offenses.� Conduct denominated theft or
computer criminal activity in this chapter constitutes a single offense, but
each episode or transaction may be the subject of a separate prosecution and conviction.�
A charge of theft or computer criminal activity may be supported by evidence
that it was committed in any manner that would be theft or computer criminal
activity under this chapter, notwithstanding the specification of a different
manner in the indictment or accusation, subject only to the power of the court
to ensure fair trial by granting a bill of particulars, discovery, a
continuance, or other appropriate relief where the conduct of the defense would
be prejudiced by lack of fair notice or by surprise.

���� b.��� Grading of theft
offenses.

���� (1)� Theft constitutes a crime
of the second degree if:

���� (a)�� The amount involved is
$75,000.00 or more;

���� (b)� The property is taken by
extortion;

���� (c)�� The property stolen is a
controlled dangerous substance or controlled substance analog as defined in
N.J.S.2C:35-2 and the quantity is in excess of one kilogram;

���� (d)� The property stolen is a
person's benefits under federal or State law, or from any other source, which
the Department of Human Services or an agency acting on its behalf has budgeted
for the person's health care and the amount involved is $75,000.00 or more;

���� (e)�� The property stolen is
human remains or any part thereof; except that, if the human remains are stolen
by deception or falsification of a document by which a gift of all or part of a
human body may be made pursuant to P.L.2008, c.50 (C.26:6-77 et al.), the theft
constitutes a crime of the first degree;
[
or
]

���� (f)�� It is in breach of an
obligation by a person in his capacity as a fiduciary and the amount involved
is $50,000.00 or more
; or

����
(g)� Any person other than
the actor suffers serious bodily injury as a result of the theft of scrap metal
from any transportation system
.

���� (2)� Theft constitutes a crime
of the third degree if:

���� (a)�� The amount involved
exceeds $500.00 but is less than $75,000.00;

���� (b)� The property stolen is a
firearm, motor vehicle, vessel, boat, horse, domestic companion animal or
airplane;

���� (c)�� The property stolen is a
controlled dangerous substance or controlled substance analog as defined in
N.J.S.2C:35-2 and the amount involved is less than $75,000.00 or is
undetermined and the quantity is one kilogram or less;

���� (d)� It is from the person of
the victim;

���� (e)�� It is in breach of an
obligation by a person in his capacity as a fiduciary and the amount involved
is less than $50,000.00;

���� (f)�� It is by threat not
amounting to extortion;

���� (g)� It is of a public record,
writing or instrument kept, filed or deposited according to law with or in the
keeping of any public office or public servant;

���� (h)� The property stolen is a
person's benefits under federal or State law, or from any other source, which
the Department of Human Services or an agency acting on its behalf has budgeted
for the person's health care and the amount involved is less than $75,000.00;

���� (i)�� The property stolen is
any real or personal property related to, necessary for, or derived from
research, regardless of value, including, but not limited to, any sample,
specimens and components thereof, research subject, including any warm-blooded
or cold-blooded animals being used for research or intended for use in
research, supplies, records, data or test results, prototypes or equipment, as
well as any proprietary information or other type of information related to
research;

���� (j)�� The property stolen is a
New Jersey Prescription Blank as referred to in R.S.45:14-14;

���� (k)� The property stolen
consists of an access device or a defaced access device;
[
or
]

���� (l)�� The property stolen
consists of anhydrous ammonia and the actor intends it to be used to
manufacture methamphetamine
; or

����
(m) The property stolen is
scrap metal taken from any transportation system and the amount involved is
less than $75,000; however, the presumption of nonimprisonment set forth in
subsection e. of N.J.S.2C:44-1 shall not apply
.�

���� (3)� Theft constitutes a crime
of the fourth degree if the amount involved is at least $200.00 but does not
exceed $500.00.

���� (4)� Theft constitutes a
disorderly persons offense if:

���� (a)�� The amount involved was
less than $200.00; or

���� (b)� The property stolen is an
electronic vehicle identification system transponder.

���� The amount involved in a theft
or computer criminal activity shall be determined by the trier of fact.� The
amount shall include, but shall not be limited to, the amount of any State tax
avoided, evaded or otherwise unpaid, improperly retained or disposed of.
Amounts involved in thefts or computer criminal activities committed pursuant
to one scheme or course of conduct, whether from the same person or several
persons, may be aggregated in determining the grade of the offense.

���� c.��� Claim of right.� It is
an affirmative defense to prosecution for theft that the actor:

���� (1)� Was unaware that the
property or service was that of another;

���� (2)� Acted under an honest
claim of right to the property or service involved or that he had a right to
acquire or dispose of it as he did; or

���� (3)� Took property exposed for
sale, intending to purchase and pay for it promptly, or reasonably believing
that the owner, if present, would have consented.

���� d.��� Theft from spouse.� It
is no defense that theft or computer criminal activity was from or committed
against the actor's spouse, except that misappropriation of household and
personal effects, or other property normally accessible to both spouses, is
theft or computer criminal activity only if it occurs after the parties have
ceased living together.

����
e.��� As used in this
section:

����
�Transportation system�
means public highways, public transportation projects, other transportation
projects, and all surface, airborne, and waterborne methods of transportation
for the movement of people and goods.

(cf: P.L.2013, c.58, s.2)

���� 2.��� N.J.S.2C:44-1 is amended
to read as follows:

���� 2C:44-1.���� a. �In
determining the appropriate sentence to be imposed on a person who has been
convicted of an offense, the court shall consider the following aggravating
circumstances:

���� (1)� The nature and
circumstances of the offense, and the role of the actor therein, including
whether or not it was committed in an especially heinous, cruel, or depraved
manner;

���� (2)� The gravity and
seriousness of harm inflicted on the victim, including whether or not the
defendant knew or reasonably should have known that the victim of the offense
was particularly vulnerable or incapable of resistance due to advanced age,
ill-health, or extreme youth, or was for any other reason substantially
incapable of exercising normal physical or mental power of resistance;

���� (3)� The risk that the
defendant will commit another offense;

���� (4)� A lesser sentence will
depreciate the seriousness of the defendant's offense because it involved a
breach of the public trust under chapters 27 and 30, or the defendant took
advantage of a position of trust or confidence to commit the offense;

���� (5)� There is a substantial
likelihood that the defendant is involved in organized criminal activity;

���� (6)� The extent of the
defendant's prior criminal record and the seriousness of the offenses of which
he has been convicted;

���� (7)� The defendant committed
the offense pursuant to an agreement that he either pay or be paid for the
commission of the offense and the pecuniary incentive was beyond that inherent
in the offense itself;

���� (8)� The defendant committed
the offense against a police or other law enforcement officer, correctional
employee or fireman, acting in the performance of his duties while in uniform
or exhibiting evidence of his authority; the defendant committed the offense
because of the status of the victim as a public servant; or the defendant
committed the offense against a sports official, athletic coach or manager,
acting in or immediately following the performance of his duties or because of
the person's status as a sports official, coach or manager;

���� (9)� The need for deterring
the defendant and others from violating the law;

���� (10) The offense involved
fraudulent or deceptive practices committed against any department or division
of State government;

���� (11) The imposition of a fine,
penalty or order of restitution without also imposing a term of imprisonment
would be perceived by the defendant or others merely as part of the cost of
doing business, or as an acceptable contingent business or operating expense
associated with the initial decision to resort to unlawful practices;

���� (12) The defendant committed
the offense against a person who he knew or should have known was 60 years of
age or older, or disabled;

���� (13) The defendant, while in
the course of committing or attempting to commit the crime, including the
immediate flight therefrom, used or was in possession of a stolen motor
vehicle;

���� (14) The offense involved an
act of domestic violence, as that term is defined in subsection a. of section 3
of P.L.1991, c.261 (C.2C:25-19), committed in the presence of a child under 16
years of age; and

���� (15) The offense involved an
act of domestic violence, as that term is defined in subsection a. of section 3
of P.L.1991, c.261 (C.2C:25-19) and the defendant committed at least one act of
domestic violence on more than one occasion.

���� b.��� In determining the
appropriate sentence to be imposed on a person who has been convicted of an
offense, the court may properly consider the following mitigating
circumstances:

���� (1)� The defendant's conduct
neither caused nor threatened serious harm;

���� (2)� The defendant did not
contemplate that his conduct would cause or threaten serious harm;

���� (3)� The defendant acted under
a strong provocation;

���� (4)� There were substantial
grounds tending to excuse or justify the defendant's conduct, though failing to
establish a defense;

���� (5)� The victim of the
defendant's conduct induced or facilitated its commission;

���� (6)� The defendant has
compensated or will compensate the victim of his conduct for the damage or
injury that he sustained, or will participate in a program of community
service;

���� (7)� The defendant has no
history of prior delinquency or criminal activity or has led a law-abiding life
for a substantial period of time before the commission of the present offense;

���� (8)� The defendant's conduct
was the result of circumstances unlikely to recur;

���� (9)� The character and
attitude of the defendant indicate that he is unlikely to commit another
offense;

���� (10) The defendant is
particularly likely to respond affirmatively to probationary treatment;

���� (11) The imprisonment of the
defendant would entail excessive hardship to himself or his dependents;

���� (12) The willingness of the
defendant to cooperate with law enforcement authorities;

���� (13) The conduct of a youthful
defendant was substantially influenced by another person more mature than the
defendant.�

���� c.��� (1) �A plea of guilty by
a defendant or failure to so plead shall not be considered in withholding or
imposing a sentence of imprisonment.

���� (2)� When imposing a sentence
of imprisonment the court shall consider the defendant's eligibility for
release under the law governing parole, including time credits awarded pursuant
to Title 30 of the Revised Statutes, in determining the appropriate term of imprisonment.

���� d.��� Presumption of
imprisonment.� The court shall deal with a person who has been convicted of a
crime of the first or second degree, or a crime of the third degree where the
court finds that the aggravating factor in paragraph (5), (14) or (15) of
subsection a. applies, by imposing a sentence of imprisonment unless, having
regard to the character and condition of the defendant, it is of the opinion
that his imprisonment would be a serious injustice which overrides the need to
deter such conduct by others.� Notwithstanding the provisions of subsection e.
of this section, the court shall deal with a person who has been convicted of
theft of a motor vehicle or of the unlawful taking of a motor vehicle and who
has previously been convicted of either offense by imposing a sentence of
imprisonment unless, having regard to the character and condition of the
defendant, it is of the opinion that his imprisonment would be a serious
injustice which overrides the need to deter such conduct by others.�

���� e.��� The court shall deal
with a person convicted of an offense other than a crime of the first or second
degree, who has not previously been convicted of an offense, without imposing a
sentence of imprisonment unless, having regard to the nature and circumstances
of the offense and the history, character and condition of the defendant, it is
of the opinion that his imprisonment is necessary for the protection of the
public under the criteria set forth in subsection a., except that this
subsection shall not apply if the court finds that the aggravating factor in
paragraph (5), (14) or (15) of subsection a. applies or if the person is
convicted of any of the following crimes of the third degree: theft of a motor
vehicle; unlawful taking of a motor vehicle; eluding; strict liability
vehicular homicide pursuant to section 1 of P.L.2017, c.165 (C.2C:11-5.3); if
the person is convicted of a crime of the third degree constituting use of a
false government document in violation of subsection c. of section 1 of P.L.1983,
c.565 (C.2C:21-2.1); if the person is convicted of a crime of the third degree
constituting distribution, manufacture or possession of an item containing
personal identifying information in violation of subsection b. of section 6 of
P.L.2003, c.184 (C.2C:21-17.3); if the person is convicted of a crime of the
third or fourth degree constituting bias intimidation in violation of
N.J.S.2C:16-1; if the person is convicted of a crime of the third degree under
paragraph (12) of subsection b. of N.J.S.2C:12-1 or section 2 of P.L.1997,
c.111 (C.2C:12-1.1);
[
or
]
if the person
is convicted of a crime of the third or fourth degree under the provisions of
section 1 or 2 of P.L.2007, c.341 (C.2C:33-29 or C.2C:33-30)
; or if the
person is convicted of a crime of the third degree under subparagraph (m.) of
paragraph (2) of subsection b. of N.J.S.2C:20-2
.�

���� f.���� Presumptive Sentences.
(1) Except for the crime of murder, unless the preponderance of aggravating or
mitigating factors, as set forth in subsections a. and b., weighs in favor of a
higher or lower term within the limits provided in N.J.S.2C:43-6, when a court
determines that a sentence of imprisonment is warranted, it shall impose
sentence as follows:

���� (a)�� To a term of 20 years
for aggravated manslaughter or kidnapping pursuant to paragraph (1) of
subsection c. of N.J.S.2C:13-1 when the offense constitutes a crime of the
first degree;

���� (b)� Except as provided in
subparagraph (a) of this paragraph to a term of 15 years for a crime of the
first degree;

���� (c)�� To a term of seven years
for a crime of the second degree;

���� (d)� To a term of four years
for a crime of the third degree; and

���� (e)�� To a term of nine months
for a crime of the fourth degree.

���� In imposing a minimum term
pursuant to subsection b. of N.J.S.2C:43-6, the sentencing court shall
specifically place on the record the aggravating factors set forth in this
section which justify the imposition of a minimum term.

���� Unless the preponderance of
mitigating factors set forth in subsection b. weighs in favor of a lower term
within the limits authorized, sentences imposed pursuant to paragraph (1) of
subsection a. of N.J.S.2C:43-7 shall have a presumptive term of life imprisonment.�
Unless the preponderance of aggravating and mitigating factors set forth in
subsections a. and b. weighs in favor of a higher or lower term within the
limits authorized, sentences imposed pursuant to paragraph (2) of subsection a.
of N.J.S.2C:43-7 shall have a presumptive term of 50 years' imprisonment;
sentences imposed pursuant to paragraph (3) of subsection a. of N.J.S.2C:43-7
shall have a presumptive term of 15 years' imprisonment; and sentences imposed
pursuant to paragraph (4) of subsection a. of N.J.S.2C:43-7 shall have a
presumptive term of seven years' imprisonment.

���� In imposing a minimum term
pursuant to subsection b. of N.J.S.2C:43-7, the sentencing court shall
specifically place on the record the aggravating factors set forth in this
section which justify the imposition of a minimum term.

���� (2)� In cases of convictions
for crimes of the first or second degree where the court is clearly convinced
that the mitigating factors substantially outweigh the aggravating factors and
where the interest of justice demands, the court may sentence the defendant to
a term appropriate to a crime of one degree lower than that of the crime for
which he was convicted.� If the court does impose sentence pursuant to this
paragraph, or if the court imposes a noncustodial or probationary sentence upon
conviction for a crime of the first or second degree, such sentence shall not
become final for 10 days in order to permit the appeal of such sentence by the
prosecution.

���� g.��� Imposition of
Noncustodial Sentences in Certain Cases.� If the court, in considering the
aggravating factors set forth in subsection a., finds the aggravating factor in
paragraph (2), (5), (10), or (12) of subsection a. and does not impose a
custodial sentence, the court shall specifically place on the record the
mitigating factors which justify the imposition of a noncustodial sentence.

���� h.��� Except as provided in
section 2 of P.L.1993, c.123 (C.2C:43-11), the presumption of imprisonment as
provided in subsection d. of this section shall not preclude the admission of a
person to the Intensive Supervision Program, established pursuant to the Rules
Governing the Courts of the State of New Jersey.

(cf: P.L.2017, c.165, s.6)

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

STATEMENT

���� This bill provides that theft
of scrap metal from any transportation system under the amount of $75,000 is automatically
a crime of the third degree.� However, if anyone other than the actor is
seriously injured as a result of the theft of scrap metal from any
transportation system, then the theft is a crime of the second degree.�

���� Under current law, theft is
graded as a crime of the second degree if, among other things, the amount
involved is $75,000 or more; the property is taken by extortion; or the
property is a controlled dangerous substance or controlled substance analog in
excess of one kilogram. This bill provides that theft of scrap metal from any
transportation system that results in any person other than the actor suffering
serious bodily injury would be graded as a crime of the second degree. �A crime
of the second degree is punishable by imprisonment of five to 10 years, up to a
$150,000 fine, or both.� �

���� Under current law, a theft is
graded as a crime of the third degree if, among other things, the amount
involved is over $500 but less than $75,000; the property stolen is a firearm,
boat, vessel,� motor vehicle, airplane, domestic companion animal, or horse; or
it is from the person of the victim.� This bill provides that theft of scrap
metal from any transportation system under the amount of $75,000 is
automatically a crime of the third degree. In addition, this bill also amends subsection
e. of N.J.S.2C:44-1 to eliminate the presumption of nonimprisonment for a first
time conviction of the offense.� A crime of the third degree is punishable by
imprisonment of three to five years, a fine of up to $15,000, or both.�

���� �Transportation system� is
defined in the bill as any public highways, public transportation projects,
other transportation projects, and all surface, airborne, and waterborne
methods of transportation for the movement of people and goods.