Sponsored by:
Assemblywoman VICTORIA A. FLYNN
District 13 (Monmouth)
Assemblyman GERRY SCHARFENBERGER
District 13 (Monmouth)
Co-Sponsored by:
Assemblyman Umba, Assemblywomen Eulner, Piperno, Assemblymen Thomson, DePhillips, DiMaio and S.Kean
SYNOPSIS
Establishes mandatory minimum sentence of imprisonment for second offense involving use of juvenile in automobile theft.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning penalties for using juveniles in automobile theft and amending P.L.1991, c.81.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 1 of P.L.1991, c.81 (C.2C:20-17) is amended to read
as follows:
1. a. A person who is at least 18 years of age who knowingly uses, solicits, directs, hires or employs a person who is in fact 17 years of age or younger to commit theft of an automobile is guilty of a crime of the second degree. Notwithstanding the provisions of N.J.S. 2C:1-8, a conviction under this section shall not merge with a conviction for theft of an automobile. For a second or subsequent offense, the sentenced imposed shall include a mandatory minimum term of imprisonment of 18 months, during which time the defendant shall be ineligible for parole. Nothing contained in this act shall prohibit the court from imposing an extended term pursuant to N.J.S. 2C:43-7; nor shall this act be construed in any way to preclude or limit the prosecution or conviction of any person for conspiracy under N.J.S. 2C:5-2, or any prosecution or conviction for any other offense.
b. It shall be no defense to a prosecution under this section that the actor mistakenly believed that the person which the actor used, solicited, directed, hired or employed was older than 17 years of age, even if such mistaken belief was reasonable.
(cf: P.L.1991, c.81, s.1)
2. This act shall take effect immediately.
STATEMENT
This bill amends current law to establish an 18-month mandatory minimum sentence of imprisonment, during which time the defendant will be ineligible for parole, for a second offense or subsequent offense involving use of a juvenile in automobile theft.
Under current law, it is a crime of a second degree for a person 18 years of age or older to knowingly use or solicit a person 17 years of age or younger to commit automobile theft. Second degree crimes generally are punishable by a term of imprisonment of five to 10 years, a fine of $150,000, or both.
The sponsor’s intent is to deter the use of juveniles to illegally procure automobiles. There is currently an increase in automobile crimes in New Jersey, not only for purposes of selling the parts of stolen automobiles, but also to ship automobiles overseas and for use in other crimes. Therefore, this bill ensures that a person who engages in this illegal conduct serves at least 18 months in prison before being eligible for parole.