Bucco bill upgrading penalties for burglary passes Assembly, heads to governor’s desk
NEW JERSEY – Bipartisan legislation sponsored by Senate Republican Leader Anthony M. Bucco (R-25) that would upgrade penalties for residential home burglaries was passed by the New Jersey State Assembly Thursday and awaits Governor Murphy’s signature to become law.
“Law enforcement personnel have expressed an urgent need to pass legislation to combat the troubling wave of residential home burglaries spreading across New Jersey. This legislation, once signed by the Governor, will help provide law enforcement and prosecutors with the necessary tools to hold bad actors accountable and ensure safety within our communities,” Bucco said. “By enforcing stricter penalties, we’re sending a clear message that individuals who burglarize homes or engage in other associated criminal activities will face severe consequences.”
“Prosecutor Carroll and I both know the impact of a home burglary on the crime victim is traumatic and it has lasting effects; it is a violation of a person’s very security. That is why we each testified to that sentiment, before the New Jersey Senate Judiciary Committee, in June. After such an intrusion, a person’s home no longer feels like a safe haven because their personal privacy has been violated, their sanctuary is destroyed. Most importantly, such encounters can be deadly,” Morris County Sheriff James M. Gannon said. The devastation can be enormous and life-impacting. Many victims feel the need to leave their homes and move away after such an invasion. It is our responsibility as law enforcement professionals to diligently protect our citizens, investigate crimes, capture, and prosecute these offenders, and it is the legislature’s duty to help us to deter such harm. I applaud our legislators particularly Senator Anthony Bucco, for coming together with us to enhance the penalties associated with the crime of residential burglaries. This change is supported by the Sheriff’s Association of New Jersey (SANJ) the County Prosecutor’s Association of New Jersey (CPANJ), and the New Jersey State Association of Chiefs of Police (NJSACOP). It is a great step in the process of making positive changes for the benefit of the crime victim. Hopefully, the Governor will sign the legislation into law because Prosecutor Carroll and I believe this will result in a measurable difference in the safety and security of our communities.”
“Morris County and New Jersey at large has experienced an onslaught of car thefts, which have now escalated to residential burglaries, at homes that are often occupied, by criminals looking for key fobs or other valuables. This creates the potential for dangerous confrontations, both for the burglar and the residents, as some of these criminals have been arrested with firearms. My Office has heard from members of the public at recent Town Hall meetings and from our municipal police chiefs that this trend has eroded residents’ sense of security in their homes. In Morris County, we have successfully reduced the number of car thefts by the use of Automated License Plate Readers (ALPR) and the close cooperation between our municipal police, state, and federal partners. But we need more,” Morris County Prosecutor Robert J. Carroll said. “We need this type of bi-partisan legislation to enhance the penalties to not only punish the offenders of these heinous crimes, but to deter the recruitment of juveniles into criminal organizations, which has become a serious problem. We do not want our teenagers to be drawn into criminal networks by the allure of fast cash. Legislation in this narrow area would deter the career criminals recruiting teen-aged juveniles. This pattern of criminal conduct will continue to escalate until law enforcement can effectuate arrests of the network leaders and have available statutory authority to detain subjects in appropriate cases, and if convicted, provide for incarceration for meaningful terms and parole ineligibility. I wish to especially thank New Jersey Attorney General Matt Platkin, Senator Anthony Bucco and the New Jersey Senate and Assembly members for their support of this important legislation to protect our citizens from this predatory conduct. I also wish to thank Congresswoman Mikie Sherrill for her support in seeking and obtaining major funding for vital ALPR equipment in this effort. Lastly, I thank the New Jersey State Association of Chiefs of Police and the Morris County Police Chiefs Association for their steadfast support.”
Under current law, the general offense of “burglary” makes no distinction in cases where the crime is committed at a residence, as opposed to a commercial or other non-residential building.
Sen. Bucco’s bill, S-3006, would enhance criminal penalties for burglaries of a residence or other overnight dwelling through the establishment of two new offenses: “residential burglary” and “home invasion burglary.” The new offense of “residential burglary” would constitute a second degree crime, and therefore, carry heightened penalties and a presumption of incarceration.
The other new offense, “home invasion burglary,” would apply when the offender commits residential burglary with a deadly weapon, or inflicts, attempts to inflict, or threatens bodily injury during the course of the burglary. “Home invasion burglary” would constitute a crime of the first degree, and therefore, carry yet even greater penalties, as well as a presumption of incarceration.
