S2283

An Act concerning carjackings and motor vehicle theft, amending P.L.1993, c.221 and P.L. 1991, c.83.

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

1. Section 1 of P.L.1993, c.221 (C.2C:15-2) is amended to read as follows:

1. a. Carjacking defined. A person is guilty of carjacking if in the course of committing an unlawful taking of a motor vehicle, as defined in R.S.39:1-1, or in an attempt to commit an unlawful taking of a motor vehicle he:

(1) inflicts bodily injury or uses force upon an occupant or person in possession or control of a motor vehicle;

(2) threatens an occupant or person in control with, or purposely or knowingly puts an occupant or person in control of the motor vehicle in fear of, immediate bodily injury;

(3) commits or threatens immediately to commit any crime of the first or second degree; or

(4) operates or causes said vehicle to be operated with the person who was in possession or control or was an occupant of the motor vehicle at the time of the taking remaining in the vehicle.

An act shall be deemed to be "in the course of committing an unlawful taking of a motor vehicle" if it occurs during an attempt to commit the unlawful taking of a motor vehicle or during an immediate flight after the attempt or commission.

b. Grading. Carjacking is a crime of the first degree and upon conviction thereof a person may, notwithstanding the provisions of paragraph (1) of subsection a. of N.J.S.2C:43-6, be sentenced to an ordinary term of imprisonment between 10 and 30 years. A person convicted of carjacking shall be sentenced to a term of imprisonment and that term of imprisonment shall include the imposition of a minimum term of at least five years during which the defendant shall be ineligible for parole.

c. Additional penalties. In addition to any term of imprisonment imposed pursuant to subsection b. of this section, and any other disposition authorized by law, the court may impose a penalty not to exceed $15,000 plus the value of the motor vehicle and its contents at the time it was stolen if the value exceeds $5,000 and the motor vehicle is not recovered.

(cf: P.L.1993, c.221, s.1)

2. Section 1 of P.L.1991, c.83 (C.2C:20-2.1) is amended to read as follows:

1. a. In addition to any other disposition authorized by law, a person convicted under the provisions of this chapter of theft or unlawful taking of a motor vehicle shall be subject:

(1) For the first offense, to a penalty of [$500] $1,000, and the court, in its discretion, may suspend, revoke, or postpone the person's driving privileges for a period not to exceed [one] two years;

(2) For a second offense, to a penalty of [$750] $1,500, and the court, in its discretion, may suspend, revoke, or postpone the person's driving privileges for a period not to exceed [two] three years; and

(3) For a third or subsequent offense, to a penalty of [$1,000] $2,000, and the court, in its discretion, may suspend, revoke, or postpone the person's driving privileges for a period not to exceed 10 years.

In deciding the duration of any suspension, revocation, or postponement of the person's driving privileges pursuant to paragraphs (1), (2), and (3) of this subsection, the court shall consider the circumstances of the theft or unlawful taking of the motor vehicle, including the public safety threat presented upon the theft or unlawful taking, and whether the loss of driving privileges will result in extreme hardship and alternative means of transportation are not readily available.

b. The suspension or postponement of the person's license to operate a motor vehicle pursuant to subsection a. of this section shall commence on the day the sentence is imposed. In the case of any person who at the time of the imposition of sentence is less than 17 years of age, the period of the suspension of driving privileges authorized pursuant to this section, including a suspension of the privilege of operating a motorized bicycle, shall commence on the day the sentence is imposed and shall run for a period as fixed by the court not to exceed [one year] three years for a first offense, [two] four years for a second offense, or 10 years for a third offense calculated from the day after the day the person reaches the age of 17 years. If the driving privilege of any person is under revocation, suspension, or postponement for a violation of any provision of this Title or Title 39 of the Revised Statutes at the time of any conviction or adjudication of delinquency for a violation of any offense defined in this chapter or chapter 36 of this Title, the revocation, suspension, or postponement period imposed pursuant to this section shall commence as of the date of termination of the existing revocation, suspension, or postponement.

Upon conviction the court shall collect forthwith the New Jersey driver's licenses of the person and forward the license or licenses to the Chief Administrator of the New Jersey Motor Vehicle Commission along with a report indicating the first and last day of the suspension or postponement period imposed by the court pursuant to this section. If the court is for any reason unable to collect the license or licenses of the person, the court shall forward a report of the conviction or adjudication of delinquency to be filed with the chief administrator. That report shall include the complete name, address, date of birth, eye color, and sex of the person and shall indicate the first and last day of the suspension or postponement period imposed by the court pursuant to this section. The court shall inform the person orally and in writing that if the person is convicted of personally operating a motor vehicle during the period of license suspension or postponement imposed pursuant to this section the person shall, upon conviction, be subject to the penalties set forth in R.S.39:3-40. A person shall be required to acknowledge receipt of the written notice in writing. Failure to receive a written notice or failure to acknowledge in writing the receipt of a written notice shall not be a defense to a subsequent charge of a violation of R.S.39:3-40. If the person is the holder of a driver's license from another jurisdiction, the court shall not collect the license but shall notify the director who shall notify the appropriate officials in the licensing jurisdiction. The court shall, however, in accordance with the provisions of this section, revoke the person's non-resident driving privileges in this State.

c. All penalties provided for in this section shall be collected as provided for the collection of fines and restitutions in section 3 of P.L.1979, c.396 (C.2C:46-4), and shall be distributed in accordance with the provisions of N.J.S.2C:64-6 as if the collected monies were the proceeds of property forfeited pursuant to the provisions of chapter 64. However, the distributed monies are to be used for law enforcement activities related to auto theft.

(cf: 2019, c.276, s.3).

3. This act shall take effect immediately.

STATEMENT

This bill permits an additional penalty to be imposed upon a defendant who commits the crime of carjacking. A defendant may be subject to a penalty not to exceed $15,000, plus the value of the automobile and its contents at the time it was stolen if the value exceeds $5,000 and the automobile is not recovered.

Additionally, this bill increases the penalties for the theft or unlawful taking of a motor vehicle. The first offense will be raised from $500 to $1,000; the second offense raised from $750 to $1,500; and the third offense raised from $1,000 to $2,000. The bill also directs the court to consider the threat to public safety by the theft or unlawful taking when determining suspension, revocation, or postponement of a license.

Additionally, the bill increases the periods for which the court, in its discretion, may suspend, revoke, or postpone driving privileges of those less than 17 years of age at the time of the imposition of sentence as follows: not to exceed three years for a first offense, increased from one year, and not to exceed four years for a second offense, increased from two years. This bill makes no changes to the maximum suspension, revocation, or postponement period for third offenders. The increased amounts of time for suspension, revocation, or postponement of driving privileges gives the court expanded discretion in sentencing those convicted of theft or unlawful taking of a motor vehicle.

Currently, under N.J.S.A.2C:20-2.1, a person convicted of an offense involving the theft or unlawful taking of a motor vehicle, is subject to subsection a. of N.J.S.A.2C:43-3.1, which permits an assessment of a $100 to $10,000 penalty when the person is convicted of an offense involving theft or unlawful taking that caused injury or death upon another person. Additionally, under N.J.S.A.2C:43-2.1, the offender may be liable for any reasonable and necessary expenses incurred by the owner in recovering the motor vehicle and for any damage to the motor vehicle prior to recovery. Lastly, under 2C:20-2.2, if the fair market value of an automobile and its contents at the time it was stolen exceeds $7,500 and the automobile is not recovered, the court may sentence the defendant to pay a fine for that higher amount.