Increases penalties for juvenile adjudicated delinquent for certain acts related to motor vehicles.

A4065

ASSEMBLY, No. 4065

STATE OF NEW JERSEY

222nd LEGISLATURE

�

INTRODUCED FEBRUARY 12, 2026

Sponsored by:

Assemblyman� ALEX SAUICKIE

District 12 (Burlington, Middlesex, Monmouth and Ocean)

SYNOPSIS

���� Increases penalties for juvenile adjudicated
delinquent for certain acts related to motor vehicles.�

CURRENT VERSION OF TEXT

���� As introduced.

��

An Act
concerning motor vehicle theft and eluding and amending
P.L.1982, c.77.

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

���� 1.� Section 24 of P.L.1982, c.77
(C.2A:4A-43) is amended to read as follows:

���� 24.� Disposition of
delinquency cases. a. In determining the appropriate disposition for a juvenile
adjudicated delinquent the court shall weigh the following factors:

���� (1)�� The nature and
circumstances of the offense;

���� (2)�� The degree of injury to
persons or damage to property caused by the juvenile's offense;

���� (3)�� The juvenile's age,
previous record, prior social service received, and out-of-home placement
history;

���� (4)�� Whether the disposition
supports family strength, responsibility, and unity and the well-being and
physical safety of the juvenile;

���� (5)�� Whether the disposition
provides for reasonable participation by the child's parent, guardian, or
custodian, provided, however, that the failure of a parent or parents to
cooperate in the disposition shall not be weighed against the juvenile in
arriving at an appropriate disposition;

���� (6)�� Whether the disposition
recognizes and treats the unique physical, psychological, and social
characteristics and needs of the child;

���� (7)�� Whether the disposition
contributes to the developmental needs of the child, including the academic and
social needs of the child where the child has intellectual disabilities or
learning disabilities;

���� (8)�� Any other circumstances
related to the offense and the juvenile's social history as deemed appropriate
by the court;

���� (9)�� The impact of the
offense on the victim or victims;

���� (10) The impact of the offense
on the community; and

���� (11) The threat to the safety
of the public or any individual posed by the child.

���� b.��� If a juvenile is
adjudged delinquent, and except to the extent that an additional specific
disposition is required pursuant to this section, the court, in accordance with
subsection i. of section 2 of P.L.1982, c.77 (C.2A:4A-21), may order
incarceration pursuant to section 25 of P.L.1982, c.77 (C.2A:4A-44) or the
court may order any one or more of the following dispositions:

���� (1)�� Adjourn formal entry of
disposition of the case for a period not to exceed 12 months for the purpose of
determining whether the juvenile makes a satisfactory adjustment, and if during
the period of continuance the juvenile makes such an adjustment, dismiss the
complaint;

���� (2)�� Release the juvenile to
the supervision of the juvenile's parent or guardian;

���� (3)�� Place the juvenile on
probation to the chief probation officer of the county or to any other suitable
person who agrees to accept the duty of probation supervision for a period not
to exceed three years upon such written conditions as the court deems will aid
rehabilitation of the juvenile;

���� (4)�� Transfer custody of the
juvenile to any relative or other person determined by the court to be
qualified to care for the juvenile;

���� (5)�� Place the juvenile under
the care and responsibility of the Department of Children and Families so that
the commissioner may designate a division or organizational unit in the
department pursuant to P.L.1951, c.138 (C.30:4C-1 et seq.) for the purpose of providing
services in or out of the home.� Within 14 days, unless for good cause shown,
but not later than 30 days, the Department of Children and Families shall
submit to the court a service plan, which shall be presumed valid, detailing
the specifics of any disposition order.� The plan shall be developed within the
limits of fiscal and other resources available to the department.� If the court
determines that the service plan is inappropriate, given existing resources,
the department may request a hearing on that determination;

���� (6)�� Place the juvenile under
the care and custody of the Commissioner of Children and Families for the
purpose of receiving the services of the Division of Children's System of Care
of that department, provided that the juvenile has been determined to be eligible
for those services under P.L.1965, c.59, s.16 (C.30:4-25.4);

���� (7)�� Commit the juvenile,
pursuant to applicable laws and the Rules of Court governing civil commitment,
to the Department of Children and Families under the responsibility of the
Division of Children's System of Care for the purpose of placement in a suitable
public or private hospital or other residential facility for the treatment of
persons who are mentally ill, on the ground that the juvenile is in need of
involuntary commitment;

���� (8)�� (Deleted by amendment,
P.L.2019, c.363)

���� (9)�� Order the juvenile to
make restitution to a person or entity who has suffered loss resulting from
personal injuries or damage to property as a result of the offense for which
the juvenile has been adjudicated delinquent.� The court may determine the reasonable
amount, terms, and conditions of restitution.� If the juvenile participated in
the offense with other persons, the participants shall be jointly and severally
responsible for the payment of restitution. The court shall not require a
juvenile to make full or partial restitution if the juvenile reasonably
satisfies the court that the juvenile does not have the means to make
restitution and could not reasonably acquire the means to pay restitution;

���� (10)� Order that the juvenile
perform community services under the supervision of a probation division or
other agency or individual deemed appropriate by the court.� Such services
shall be compulsory and reasonable in terms of nature and duration.� Such
services may be performed without compensation, provided that any money earned
by the juvenile from the performance of community services may be applied
towards any payment of restitution or fine which the court has ordered the
juvenile to pay;

���� (11)� Order that the juvenile
participate in work programs which are designed to provide job skills and
specific employment training to enhance the employability of job participants.�
Such programs may be without compensation, provided that any money earned by
the juvenile from participation in a work program may be applied towards any
payment of restitution or fine which the court has ordered the juvenile to pay;

���� (12)� Order that the juvenile
participate in programs emphasizing self-reliance, such as intensive outdoor
programs teaching survival skills, including but not limited to camping,
hiking, and other appropriate activities;

���� (13)� Order that the juvenile
participate in a program of academic or vocational education or counseling,
such as a youth service bureau, requiring attendance at sessions designed to
afford access to opportunities for normal growth and development.� This may
require attendance after school, evenings, and weekends;

���� (14)� Place the juvenile in a
suitable residential or nonresidential program for the treatment of alcohol or
narcotic abuse, provided that the juvenile has been determined to be in need of
such services;

���� (15)� Order the parent or
guardian of the juvenile to participate in appropriate programs or services
when the court has found either that such person's omission or conduct was a
significant contributing factor towards the commission of the delinquent act,
or, under its authority to enforce litigant's rights, that such person's
omission or conduct has been a significant contributing factor towards the
ineffective implementation of a court order previously entered in relation to
the juvenile;

���� (16) (a) Place the juvenile in
a nonresidential program operated by a public or private agency, providing
intensive services to juveniles for specified hours, which may include
education, counseling to the juvenile and the juvenile's family if appropriate,
vocational training, employment counseling, work, or other services;

���� (b)�� Place the juvenile under
the custody of the Youth Justice Commission established pursuant to section 2
of P.L.1995, c.284 (C.52:17B-170) for placement with any private group home or
private residential facility with which the commission has entered into a
purchase of service contract;

���� (17)� Instead of or in
addition to any disposition made according to this section, the court may
postpone, suspend, or revoke for a period not to exceed two years the driver's
license, registration certificate, or both of any juvenile who used a motor vehicle
in the course of committing an act for which the juvenile was adjudicated
delinquent. In imposing this disposition and in deciding the duration of the
postponement, suspension, or revocation, the court shall consider the
circumstances of the act for which the juvenile was adjudicated delinquent and
the potential effect of the loss of driving privileges on the juvenile's
ability to be rehabilitated.� Any postponement, suspension, or revocation shall
be imposed consecutively with any custodial commitment;

���� (18) Order that the juvenile
satisfy any other conditions reasonably related to the rehabilitation of the
juvenile;

���� (19) Order a parent or
guardian who has failed or neglected to exercise reasonable supervision or
control of a juvenile who has been adjudicated delinquent to make restitution
to any person or entity who has suffered a loss as a result of that offense.� The
court may determine the reasonable amount, terms, and conditions of
restitution; or

���� (20)� Place the juvenile, if
eligible, in an appropriate juvenile offender program established pursuant to
P.L.1997, c.81 (C.30:8-61 et al.).

���� c. (1) If the county in which
the juvenile has been adjudicated delinquent has a juvenile detention facility
meeting the physical and program standards established pursuant to this
subsection by the Youth Justice Commission, the court may, in addition to any
of the dispositions not involving placement out of the home enumerated in this
section, incarcerate the juvenile in the youth detention facility in that
county for a term not to exceed 60 consecutive days.� The decision by the court
to incarcerate a juvenile shall be made in accordance with subsection i. of
section 2 of P.L.1982, c.77 (C.2A:4A-21).� Counties which do not operate their
own juvenile detention facilities may contract for the use of approved
commitment programs with counties with which they have established agreements
for the use of pre-disposition juvenile detention facilities.� The Youth
Justice Commission shall promulgate such rules and regulations from time to
time as deemed necessary to establish minimum physical facility and program standards
for the use of juvenile detention facilities pursuant to this subsection.

���� (2)�� A juvenile shall not be
incarcerated in any county detention facility unless the county has entered
into an agreement with the Youth Justice Commission concerning the use of the
facility for sentenced juveniles. Upon agreement with the county, the Youth Justice
Commission shall certify detention facilities which may receive juveniles
sentenced pursuant to this subsection and shall specify the capacity of the
facility that may be made available to receive such juveniles; provided,
however, that in no event shall the number of juveniles incarcerated pursuant
to this subsection exceed 50 percent of the maximum capacity of the facility.

���� (3)�� The court may fix a term
of incarceration under this subsection that is in accordance with subsection i.
of section 2 of P.L.1982, c.77 (C.2A:4A-21) and:

���� (a)�� The act for which the
juvenile was adjudicated delinquent, if committed by an adult, would have
constituted a crime or repetitive disorderly persons offense;

���� (b)�� Incarceration of the
juvenile is consistent with the goals of public safety, accountability, and
rehabilitation and the court is clearly convinced that the aggravating factors
substantially outweigh the mitigating factors as set forth in section 25 of P.L.1982,
c.77 (C.2A:4A-44); and

���� (c)�� The detention facility
has been certified for admission of adjudicated juveniles pursuant to paragraph
(2).

���� (4)�� If as a result of
incarceration of adjudicated juveniles pursuant to this subsection, a county is
required to transport a predisposition juvenile to a juvenile detention
facility in another county, the costs of such transportation shall be borne by
the Youth Justice Commission.

���� d.��� Whenever the court
imposes a disposition upon an adjudicated delinquent which requires the
juvenile to perform a community service, restitution, or to participate in any
other program provided for in this section other than subsection c., the
duration of the juvenile's mandatory participation in such alternative programs
shall extend for a period consistent with the program goal for the juvenile and
shall in no event exceed one year beyond the maximum duration permissible for
the delinquent if the juvenile had been committed to a term of incarceration.

���� e.���� In addition to any
disposition the court may impose pursuant to this section or section 25 of
P.L.1982, c.77 (C.2A:4A-44), the following orders shall be included in
dispositions of the adjudications set forth below:

���� (1)��
[
An
]

Except as
provided in paragraph (5) of this subsection, an
order to perform community
service pursuant to paragraph (10) of subsection b. of this section for a
period of at least 60 days, if the juvenile has been adjudicated delinquent for
an act which, if committed by an adult, would constitute the crime of theft of
a motor vehicle, or the crime of unlawful taking of a motor vehicle in
violation of subsection c. of N.J.S.2C:20-10, or the third degree crime of
eluding in violation of subsection b. of N.J.S.2C:29-2;
[
and
]

���� (2)�� (Deleted by amendment,
P.L.2019, c.363)

���� (3)�� An order to perform
community service pursuant to paragraph (10) of subsection b. of this section
for a period of at least 30 days, if the juvenile has been adjudicated
delinquent for an act which, if committed by an adult, would constitute the
fourth degree crime of unlawful taking of a motor vehicle in violation of
subsection b. of N.J.S.2C:20-10
[
.
]

���� (4)�� (Deleted by amendment,
P.L.2019, c.363)
; and

����
(5) An order to incarcerate
the juvenile for a term of one year if the juvenile has been adjudicated
delinquent for a third or subsequent violation of an act which, if committed by
an adult, would constitute the crime of theft in violation of N.J.S.2C:20-2 and
the property stolen is a catalytic converter, the crime of theft of a motor
vehicle in violation of section 1 of P.L.2023, c.101 (C.2C:20-10.1), the crime
of unlawful taking of a motor vehicle in violation of subsection c. of
N.J.S.2C:20-10, or the third-degree crime of eluding in violation of subsection
b. of N.J.S.2C:29-2.

���� f.���� (1) (Deleted by
amendment, P.L.2019, c.363)

���� (2)�� (Deleted by amendment,
P.L.2019, c.363)

���� (3)�� (Deleted by amendment,
P.L.2019, c.363)

���� g.��� Whenever the court
imposes a disposition upon an adjudicated delinquent which requires the
juvenile to perform a community service, restitution, or to participate in any
other program provided for in this section, the order shall include provisions
which provide balanced attention to the protection of the community,
accountability for offenses committed, fostering interaction and dialogue
between the offender, victim, and community and the development of competencies
to enable the child to become a responsible and productive member of the
community.

(cf: P.L.2025, c.35, s.6)

���� 2.��� This act shall take
effect on the first day of the fourth month next following the date of
enactment.

STATEMENT

���� This bill provides a mandatory
period of incarceration for juveniles who commit a third or subsequent
violation of motor vehicle theft or eluding.

���� Under current law, the court
is required to order a juvenile to perform 60 days of community service if the
juvenile has been adjudicated delinquent for an act which, if committed by an
adult, would constitute the crime of theft of a catalytic converter, theft of a
motor vehicle, unlawful taking of a motor vehicle, or eluding law enforcement
while operating a motor vehicle.

���� This bill provides that in the
case of a juvenile who has been adjudicated delinquent for a third or
subsequent act, which if committed by an adult, would constitute one of these
crimes, the court is required to enter an order to incarcerate the juvenile for
a term of one year.