[Second Reprint]

ASSEMBLY, No. 4930

STATE OF NEW JERSEY

220th LEGISLATURE

INTRODUCED NOVEMBER 21, 2022

Sponsored by:

Assemblyman  P. CHRISTOPHER TULLY

District 38 (Bergen and Passaic)

Assemblywoman  LISA SWAIN

District 38 (Bergen and Passaic)

Assemblyman  REGINALD W. ATKINS

District 20 (Union)

Senator  VIN GOPAL

District 11 (Monmouth)

Senator  JOSEPH A. LAGANA

District 38 (Bergen and Passaic)

Co-Sponsored by:

Assemblyman Stanley, Assemblywoman Murphy, Assemblymen Spearman, Coughlin, Senators A.M.Bucco, Greenstein, Bramnick, O'Scanlon, Singer and Madden

SYNOPSIS

     Expands criminal penalties related to illegal use of motor vehicle master key.

CURRENT VERSION OF TEXT

     As reported by the Assembly Appropriations Committee on March 23, 2023, with amendments.

An Act concerning vehicle theft devices and amending N.J.S.2C:5-6.

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

      1.   N.J.S.2C:5-6 is amended to read as follows:

2C: 5-6.   a.[Any] A person [who] is guilty of a crime of the fourth degree if the person:

(1)  knowingly possesses a motor vehicle master key or device designed to operate a lock or locks on motor vehicles or to start a motor vehicle without an ignition key [is guilty of a crime of the fourth degree.] or key fob;

(2)  for an unlawful purpose, knowingly possesses a key fob that operates a lock or locks on or starts a motor vehicle owned by another person; or

(3) for an unlawful purpose, knowingly possesses a computer program, application, software, or other device adapted, designed, or commonly used to operate a lock or locks on or start a motor vehicle without an ignition key or key fob, or to copy, store information relating to, or interfere with those functions.

      b.  [Any] A person is guilty of a crime of the fourth degree if the person [who] :

(1)  offers or advertises for sale, sells, or gives to any person other than those excepted in subsection c. of this section a motor vehicle master key or device designed to operate a lock or locks on a motor vehicle or to start a motor vehicle without an ignition key [is guilty of a crime of the fourth degree.] or key fob, or who otherwise causes any such item to enter into commerce in this State;

(2) offers or advertises for sale, sells, or gives to any person a computer program, application, software, or other device adapted, designed, or commonly used to operate a lock or locks on or start a motor vehicle without an ignition key or key fob, or to copy, store information relating to, or interfere with those functions, or who otherwise causes any such item to enter into commerce in this State:

(i) knowing the item to be adapted, designed, or commonly used for those purposes; and

(ii) with a purpose to provide the item to a person the actor knows or reasonably should know has the purpose to use or employ the item ¹unlawfully¹ .

      c.  [Subsection a.] Paragraph (1) of subsection a. of this section  shall not apply to ²use or employment for a lawful purpose by² a law enforcement officer²[,];² constable²[,];² locksmith [or] ²[,];² dealer²[,];² distributor or manufacturer of motor vehicles or motor vehicle locks²[,];² a garage keeper ²[,]; an insurance support organization as defined in section 2 of P.L.1985, c. 179, (C.17:23A-2);² or a person or the employee or agent of a person engaged in the business of lending on the security of motor vehicles[,] or [in the business of] acquiring by purchase evidence of debt secured by interests in motor vehicles[, and his employees and agents].

(cf: N.J.S.2C:5-6)

     2.  This act shall take effect immediately.