New Jersey Governor Phil Murphy last month signed S3006/A4299 into law, establishing the crimes of home invasion burglary and residential burglary. The two new burglary classifications will raise penalties for crimes of burglary, reinforcing legal protections for New Jersey communities and ensuring that individuals who commit these crimes are held accountable.
Home invasion burglary refers to a person who enters a home to commit an offense and ultimately inflicts bodily injury or is armed with a deadly weapon, whether or not that weapon is used. Under the new law, home invasion burglary is a crime in the first degree. A crime of the first degree is punishable by a term of imprisonment of 10 to 20 years, a fine of up to $200,000, or both.
Residential burglary refers to a person who enters a home to commit an offense. Under the new law, residential burglary is a crime in the second degree. A crime of the second degree is punishable by a term of imprisonment of five to 10 years, a fine of up to $150,000, or both.
Both classifications of burglary are subject to the “No Early Release Act,” which requires the convicted person to serve at least 85% of their incarceration term before becoming eligible for parole. Any person convicted of home invasion burglary or residential burglary may be denied a professional license from the Division of Consumer Affairs within the Department of Law and Public Safety.
The primary sponsors of S3006/A4299 are Senators Anthony Bucco, Brian Stack, and Vin Gopal, and Assembly members Sterley Stanley, Robert Karabinchak, and Alexander “Avi” Schnall. The bill received overwhelming bipartisan support in the Legislature, with a vote of 36-1 to pass the Senate and a unanimous 74-0 vote in the Assembly.
“By clearly defining and separating these crimes, we can ensure that the legal system has the tools to adequately address the dangers posed by home invasion burglary and residential burglary,” said Assemblyman Alexander “Avi” Schnall. “With this bill, we address the unique threats posed by violent break-ins and ensure that those who commit such offenses face appropriate consequences.”
“This new law elevating home invasion burglary to a first-degree crime and residential burglary to a second-degree crime is a powerful step toward ensuring the safety of New Jersey’s residents. By increasing the penalties for these serious offenses, we are sending a clear message to criminals that we will not tolerate such brazen acts that violate the sanctity of our homes. This legislation serves as a strong deterrent and reinforces our commitment to keeping our communities safe,” said Colonel Patrick J. Callahan, Superintendent of the New Jersey State Police.
Today, the court system announced that in accordance with the provisions of the Graves Act (which requires a minimum mandatory prison term for certain crimes), if the home invasion burglary and residential burglary involved the use or possession of a firearm, there will be a minimum mandatory prison term (unless a Graves Act waiver is granted). In addition, pretrial services will now be required to recommend no pre-trial release.
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