Read the full stored bill text
A4473
ASSEMBLY, No. 4473
STATE OF NEW JERSEY
222nd LEGISLATURE
�
INTRODUCED FEBRUARY 24, 2026
Sponsored by:
Assemblyman� ALEX SAUICKIE
District 12 (Burlington, Middlesex, Monmouth and Ocean)
SYNOPSIS
���� Imposes enhanced penalties for residential burglary
and other crimes committed during funeral or following death of resident.
CURRENT VERSION OF TEXT
���� As introduced.
��
An Act
concerning residential burglary and funeral
disruption, and amending P.L.2006, c.93 and P.L.2024, c.83.
����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:
���� 1. Section 2 of P.L.2024, c.83
(C.2C:18-2.2) is amended to read as follows:
���� 2. a. A person is guilty of
residential burglary if, with purpose to commit an offense therein or thereon,
the person:
���� (1) Enters a residential
dwelling or accommodation, or a separately secured portion thereof, unless the
actor is licensed or privileged to enter; or
���� (2) Surreptitiously remains in
a residential dwelling or accommodation, or a separately secured portion
thereof, knowing that the actor is not licensed or privileged to do so.
���� b.��� For the purposes of
subsection a. of this section, it is not an element of the offense that the
actor knew that any other person was present in the residential dwelling or
accommodation when the actor entered or surreptitiously remained therein, and
it shall not be a defense that the actor did not know that any other person was
present in the residential dwelling or accommodation when the actor entered or
surreptitiously remained therein.
���� c.����
(1)
Residential
burglary is a crime of the second degree, subject to section 2 of P.L.1997,
c.117 (C.2C:43-7.2),
[
unless
]
including
if the actor knew or reasonably believed that no resident or any other person,
other than a person acting in concert with the actor, was present due to the
death of a resident or due to a resident�s travel to or attendance at a
funeral.
����
(2) Residential burglary is
a crime of the second degree, not subject to section 2 of P.L.1997, c.117
(C.2C:43-7.2), if
the actor demonstrates by a preponderance of evidence
that the actor reasonably believed that no resident or any other person, other
than a person acting in concert with the actor, was present in the residential
dwelling or accommodation when the actor entered or surreptitiously remained
therein
[
,
in which case the offense is a crime of the second degree, not subject to
section 2 of P.L.1997, c.117 (C.2C:43-7.2)
]
.
(cf: P.L.2024, c.83, s.2)
���� 2. Section 2 of P.L.2006, c.93
(C.2C:33-8.1) is amended to read as follows:
���� 2. a. As used in this act:
���� �funeral� means the
ceremonies, processions and memorial services held in connection with the
burial or cremation of the dead; and
���� �demonstration� includes the
following:�
���� (1)�� any picketing or similar
conduct,
���� (2)�� any oration, speech, use
of sound amplification equipment or device, or similar conduct that is not part
of a funeral,
���� (3)�� the display of any
placard, banner, flag, or similar device, unless such a display is part of a
funeral, or
���� (4)�� the distribution of any
handbill, pamphlet, leaflet, or other written or printed matter other than a
program distributed as part of a funeral.
���� b.��� A person is guilty of
disrupting a funeral if
[
,
during the period beginning one hour prior to the scheduled commencement of a
funeral, and until one hour following the actual completion of the funeral,
with the purpose of causing inconvenience, annoyance or alarm to the funeral or
its participants, or of recklessly creating the risk thereof, the person
knowingly
]
:
���� (1)��
during the period
beginning one hour prior to the scheduled commencement of a funeral, and until
one hour following the actual completion of the funeral, with the purpose of
causing inconvenience, annoyance, or alarm to the funeral or its participants,
or of recklessly creating the risk thereof, the person knowingly
obstructs,
hinders, impedes or blocks another person�s entry to or exit from the funeral,
the funeral procession, the funeral home, church, synagogue, temple or other
place of public worship or other location at which a funeral takes place as
part of demonstration activities,
[
or
]
���� (2)��
during the period
beginning one hour prior to the scheduled commencement of a funeral, and until
one hour following the actual completion of the funeral, with the purpose of
causing inconvenience, annoyance or alarm to the funeral or its participants,
or of recklessly creating the risk thereof, the person knowingly
engages in
demonstration activities within 500 feet of the funeral, the funeral
procession, the funeral home, church, synagogue, temple or other place of
public worship or other location at which a funeral takes place and makes or
assists in the making of noise, diversions, or threatening gestures, or engages
in any other disruptive conduct, that disrupts or tends to disrupt the peace or
good order of the funeral
; or
����
(3) the person uses information
from a funeral announcement in furtherance of committing, attempting to commit,
or conspiring with another to commit a crime or offense specified in Chapters
16, 17, 18, 20, 21, or 33 of Title 2C of the New Jersey Statutes
.
���� c. Disrupting a funeral
in
violation of paragraphs (1) or (2) of subsection b. of this section
is a
disorderly persons offense.�
Disrupting a funeral in violation of paragraph
(3) of subsection c. of this section is a crime of the fourth degree.�
Notwithstanding the provisions of N.J.S.2C:1-8 or any other provision of law, a
conviction arising under paragraph (3) of subsection b. of this section shall
not merge with a conviction for any underlying crime or offense.� The court
shall impose consecutive sentences upon a conviction under paragraph (3) of subsection
b. of this section and a conviction of any underlying crime or offense.
(cf: P.L.2006, c.93, s.2)
���� 3. This act shall take effect
immediately.
STATEMENT
���� This bill imposes enhanced
criminal penalties for residential burglary committed in connection with a
funeral, as well as for other crimes committed using information from funeral
announcements.
���� Under current law, residential
burglary is a crime of the second degree and is subject to sentencing
enhancements under the No Early Release Act (NERA).� However, it is possible
for the NERA enhancement to not be imposed if the defendant demonstrates that
the defendant reasonably believed that the residence was unoccupied at the time
of the burglary.
���� Under the bill, the NERA
enhancement will be imposed if it is shown that the defendant knew or
reasonably believed that the residence would be unoccupied due to the death of
a resident or due to a resident�s travel to or attendance at a funeral.� The
imposition of the NERA enhancement, for an unoccupied residential burglary, is
intended to address the phenomenon of burglars using information from funeral
announcements to target the unoccupied residence of a recently deceased person,
or the unoccupied residences of a deceased person�s next of kin who are likely
to be attending a funeral during the burglary.
���� In addition, the bill amends the
law concerning funeral disruption, by upgrading funeral disruption to a fourth
degree crime if the defendant uses information from a funeral announcement in
furtherance of committing, attempting to commit, or conspiring with another to
commit a crime specified in Chapters 16 (bias intimidation), 17 (property
destruction), 18 (burglary), 20 (theft), 21 (fraud), or 33 (disorderly conduct)
of Title 2C of the New Jersey Statutes.� Under current law, disrupting a
funeral is a disorderly persons offense.
���� A crime of the second degree
is punishable by five to ten years of imprisonment, a fine of up to $150,000,
or both.� A crime of the fourth degree is punishable by imprisonment for up to
18 months, a fine of up to $10,000, or both.� A disorderly persons offense is
punishable by imprisonment for up to six months, a fine of up to $1,000, or
both.�