[Second Reprint]

SENATE, No. 3390

STATE OF NEW JERSEY

220th LEGISLATURE

INTRODUCED DECEMBER 15, 2022

Sponsored by:

Senator  VIN GOPAL

District 11 (Monmouth)

Senator  JOSEPH A. LAGANA

District 38 (Bergen and Passaic)

Co-Sponsored by:

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 amended by the Senate on June 20, 2023.

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 unlawfully.

     c.  [Subsection a.] Paragraph (1) of subsection a. of this section  shall not apply to ¹use or employment for a lawful purpose by¹ a law enforcement officer¹[,];¹ constable¹[,];¹ locksmith [or] ¹[,];¹ dealer¹[,];¹ distributor or manufacturer of motor vehicles or motor vehicle locks¹[,];¹ a garage keeper¹[,]; an insurance support organization as defined in section ²[1 of P.L.1985, c. 179, (C.17:23A-1);¹] 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.