"Stolen Vehicle Possession Accountability Act"; increases penalties for adult and juvenile repeat offenses of receiving stolen motor vehicle.

S3859

SENATE, No. 3859

STATE OF NEW JERSEY

222nd LEGISLATURE

�

INTRODUCED MARCH 10, 2026

Sponsored by:

Senator� ANTHONY M. BUCCO

District 25 (Morris and Passaic)

Co-Sponsored by:

Senator Henry

SYNOPSIS

���� �Stolen Vehicle Possession Accountability Act�;
Increases penalties for adult and juvenile repeat offenses of receiving stolen
motor vehicle.

CURRENT VERSION OF TEXT

���� As introduced.

��

An Act
concerning theft of motor vehicles, amending various
parts of statutory law, and supplementing Title 2A of the New Jersey Statutes.

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

���� 1.��� Section 2 of P.L.2023,
c.101 (C.2C:20-10.2) is amended to read as follows:

���� 2. �a. �Receiving a stolen
motor vehicle.� A person is guilty of receiving a stolen motor vehicle if the
person knowingly receives or brings into this State a motor vehicle that is the
property of another knowing that it has been stolen, or believing that it is probably
stolen.�
[
Receiving
]

Except as
otherwise provided in subsection d. of this section, receiving
a stolen
motor vehicle is a crime of the second degree if the value of the motor vehicle
is $75,000 or more, otherwise it is a crime of the third degree.

���� b.��� It is an affirmative
defense that the property was received with the purpose to restore it to the
owner.

���� c.���� Permissive inference.�
The requisite knowledge or belief may be inferred in the case of a person who:

���� (1) �is found in possession or
control of two or more motor vehicles stolen on two or more separate occasions;
or

���� (2) �has received a stolen
motor vehicle in another transaction within the year preceding the transaction
charged; or

���� (3) �being a person in the
business of buying or selling motor vehicles, acquires the motor vehicle
without having ascertained by reasonable inquiry that the person from whom it
was obtained had a legal right to possess and dispose of it; or

���� (4) �is found in possession of
a motor vehicle without proper documentation or other evidence of right to
possession.

���� For the purposes of this
section, "receiving" means acquiring possession, control or title, or
lending on the security of the motor vehicle.

����
d.��� (1)� A violation of
this section is a crime of the second degree if a person has been convicted of,
or adjudicated delinquent for, such crime, regardless of the value of the
vehicle, on two or more prior and separate occasions during the 15 year period
preceding the most recent violation.� Any subsequent conviction of such crime
shall also be a crime of the second degree.

����
(2)�� Except as provided in
paragraph (3), and notwithstanding section 3 of P.L.2023, c.101 (C.2C:20-10.3),
a person convicted of a violation of this section on two or more prior and
separate occasions during the 15 year period preceding the most recent violation
shall be sentenced by the court to a mandatory minimum period of parole
ineligibility pursuant to section 2 of P.L.1997, c.117 (C.2C:43-7.2).

����
(3) �Notwithstanding
N.J.S.2C:43-6, if a juvenile who was adjudicated delinquent of a violation of
this section, regardless of the value of the vehicle, on two or more prior and
separate occasions is waived into an appropriate court for a violation in
accordance with section 4 of P.L.��� , c.���� (C.������� ) (pending before the
Legislature as this bill), the court shall impose a term of imprisonment not
exceeding 10 years.

(cf: P.L.2023, c.101, s.2)

���� 2.��� Section 3 of P.L.2023,
c.101 (C.2C:20-10.3) is amended to read as follows:

���� 3.��� Persistent stolen motor
vehicle offender sentencing.

���� a.����
[
Upon
]

Except as
provided in subsection d. of section 2 of P.L.2023, c.101 (C.2C:20-10.2), upon

request of the prosecutor, a person who has been convicted of a crime pursuant
to section 1 or 2 of P.L.2023, c.101 (C.2C:20-10.1 or 2C:20-10.2) or carjacking
pursuant to section 1 of P.L.1993, c.221 (C.2C:15-2) shall be sentenced to an
extended term of imprisonment pursuant to N.J.S.2C:43-7 if the person has
previously been convicted on two or more prior and separate occasions,
regardless of the dates of the convictions, of a crime pursuant to section 1 or
2 of P.L.2023, c.101 (C.2C:20-10.1 or 2C:20-10.2), carjacking pursuant to
section 1 of P.L.1993, c.221 (C.2C:15-2), theft or unlawful taking of a motor
vehicle, receiving stolen property where the property involved is a motor
vehicle, or a crime under any statute of the United States, this State, or any
other state for a crime that is substantially equivalent to any of the crimes
enumerated in this subsection.

���� b.��� The provisions of this
section shall not apply unless the prior convictions are for crimes committed
on a separate occasion and the crime for which the defendant is being sentenced
was committed either:

���� (1) �within 10 years of the
date of the defendant's last release from confinement for the commission of any
crime; or

���� (2) �within 10 years of the
date of the commission of the most recent of the crimes enumerated in
subsection a. of this section for which the defendant has a prior conviction.

���� c.���� The court shall not
impose a sentence of imprisonment pursuant to this section, unless the ground
therefor has been established at a hearing after the conviction of the
defendant and on written notice to the defendant of the ground proposed.� The
defendant shall have the right to hear and controvert the evidence against him
and to offer evidence upon the issue.� Prior convictions shall be defined and
proven in accordance with N.J.S.2C:44-4.

(cf: P.L.2023, c.101, s.3)

���� 3.��� 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
the defendant 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 (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) �N.J.S.2C:18-2, burglary;

���� (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;

���� (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;

���� (21) �section 1 of P.L.2024,
c.83 (C.2C:18-2.1), home invasion burglary;
[
or
]

���� (22) �section 2 of P.L.2024,
c.83 (C.2C:18-2.2), residential burglary
; or

����
(23)� subsection d. of
section 2 of P.L.2023, c.101 (C.2C:20-10.2), receiving a stolen motor vehicle
.

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

(cf: P.L.2024, c.83, s.8)

���� 4.��� (New section)� The
Superior Court, Chancery Division, Family Part shall waive jurisdiction of a
juvenile delinquency case to an appropriate court and prosecuting authority
without consent of the juvenile if:

���� a.���� the juvenile is charged
with an offense which, if committed by an adult, would constitute receiving a
stolen motor vehicle pursuant to section 2 of P.L.2023, c.101 (C.2C:20-10.2);
and

���� b.��� the juvenile has been
adjudicated delinquent of such offense on two or more prior and separate
occasions, regardless of the value of the motor vehicle.
�

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

STATEMENT

���� This bill establishes a second
degree crime for certain individuals who are convicted or adjudicated
delinquent of a third offense for receipt of a stolen motor vehicle,
N.J.S.A.2C:20-10.2.

���� Under the bill, a person who
commits the crime of receiving a stolen motor vehicle on two or more prior and
separate occasions during the 15-year-period preceding the most recent charge
is guilty of a crime of the second degree.� The bill provides that a conviction
for such crime is subject to the �No Early Release Act,� which requires that a
defendant serve 85% of the sentence, during which time the defendant is not
eligible for parole.

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

���� Moreover, the bill establishes
that a juvenile court is required to waive jurisdiction of a juvenile who
commits a delinquent act which, if committed by an adult, would constitute
receiving a stolen motor vehicle on two or more prior and separate occasions.�
The bill clarifies that on the third or subsequent violation committed by a
juvenile, the court may sentence the juvenile to a maximum of 10 years of
imprisonment.� However, if the individual is an adult when committing the third
or subsequent violation, the individual shall be subject to the enhanced
sentencing under the bill.