S3086

An Act concerning motor vehicle theft, amending P.L.1982, c.77, and supplementing Title 2C of the New Jersey Statutes.

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

1. Section 24 of P.L.1982, c.77 (C.2A:4A-43) is amended to read as follows:

24. Disposition of delinquency cases.

a. In determining the appropriate disposition for a juvenile adjudicated delinquent the court shall weigh the following factors:

(1) The nature and circumstances of the offense;

(2) The degree of injury to persons or damage to property caused by the juvenile's offense;

(3) The juvenile's age, previous record, prior social service received, and out-of-home placement history;

(4) Whether the disposition supports family strength, responsibility, and unity and the well-being and physical safety of the juvenile;

(5) Whether the disposition provides for reasonable participation by the child's parent, guardian, or custodian, provided, however, that the failure of a parent or parents to cooperate in the disposition shall not be weighed against the juvenile in arriving at an appropriate disposition;

(6) Whether the disposition recognizes and treats the unique physical, psychological, and social characteristics and needs of the child;

(7) Whether the disposition contributes to the developmental needs of the child, including the academic and social needs of the child where the child has intellectual disabilities or learning disabilities;

(8) Any other circumstances related to the offense and the juvenile's social history as deemed appropriate by the court;

(9) The impact of the offense on the victim or victims;

(10) The impact of the offense on the community; and

(11) The threat to the safety of the public or any individual posed by the child.

b. If a juvenile is adjudged delinquent, and except to the extent that an additional specific disposition is required pursuant to this section, the court, in accordance with subsection i. of section 2 of P.L.1982, c.77 (C.2A:4A-21), may order incarceration pursuant to section 25 of P.L.1982, c.77 (C.2A:4A-44) or the court may order any one or more of the following dispositions:

(1) Adjourn formal entry of disposition of the case for a period not to exceed 12 months for the purpose of determining whether the juvenile makes a satisfactory adjustment, and if during the period of continuance the juvenile makes such an adjustment, dismiss the complaint;

(2) Release the juvenile to the supervision of the juvenile's parent or guardian;

(3) Place the juvenile on probation to the chief probation officer of the county or to any other suitable person who agrees to accept the duty of probation supervision for a period not to exceed three years upon such written conditions as the court deems will aid rehabilitation of the juvenile;

(4) Transfer custody of the juvenile to any relative or other person determined by the court to be qualified to care for the juvenile;

(5) Place the juvenile under the care and responsibility of the Department of Children and Families so that the commissioner may designate a division or organizational unit in the department pursuant to P.L.1951, c.138 (C.30:4C-1 et seq.) for the purpose of providing services in or out of the home. Within 14 days, unless for good cause shown, but not later than 30 days, the Department of Children and Families shall submit to the court a service plan, which shall be presumed valid, detailing the specifics of any disposition order. The plan shall be developed within the limits of fiscal and other resources available to the department. If the court determines that the service plan is inappropriate, given existing resources, the department may request a hearing on that determination;

(6) Place the juvenile under the care and custody of the Commissioner of Children and Families for the purpose of receiving the services of the Division of Children's System of Care of that department, provided that the juvenile has been determined to be eligible for those services under P.L.1965, c.59, s.16
(C.30:4-25.4);

(7) Commit the juvenile, pursuant to applicable laws and the Rules of Court governing civil commitment, to the Department of Children and Families under the responsibility of the Division of Children's System of Care for the purpose of placement in a suitable public or private hospital or other residential facility for the treatment of persons who are mentally ill, on the ground that the juvenile is in need of involuntary commitment;

(8) (Deleted by amendment, P.L.2019, c.363)

(9) [Order] Except for a juvenile who has been adjudicated delinquent for an act which, if committed by an adult, would constitute the crime of theft of a motor vehicle in violation of subparagraph (b) of paragraph (2) of subsection b. of
N.J.S.2C:20-2; the crime of unlawful taking of a motor vehicle in violation of subsection b. or c. of N.J.S.2C:20-10; or the crime of entering and riding in a motor vehicle knowing that the motor vehicle has been taken or is being operated without the consent of the owner in violation of subsection d. of N.J.S.2C:20-10; order the juvenile to make restitution to a person or entity who has suffered loss resulting from personal injuries or damage to property as a result of the offense for which the juvenile has been adjudicated delinquent. The court may determine the reasonable amount, terms, and conditions of restitution. If the juvenile participated in the offense with other persons, the participants shall be jointly and severally responsible for the payment of restitution. The court shall not require a juvenile to make full or partial restitution if the juvenile reasonably satisfies the court that the juvenile does not have the means to make restitution and could not reasonably acquire the means to pay restitution;

(10) Order that the juvenile perform community services under the supervision of a probation division or other agency or individual deemed appropriate by the court. Such services shall be compulsory and reasonable in terms of nature and duration. Such services may be performed without compensation, provided that any money earned by the juvenile from the performance of community services may be applied towards any payment of restitution or fine which the court has ordered the juvenile to pay;

(11) Order that the juvenile participate in work programs which are designed to provide job skills and specific employment training to enhance the employability of job participants. Such programs may be without compensation, provided that any money earned by the juvenile from participation in a work program may be applied towards any payment of restitution or fine which the court has ordered the juvenile to pay;

(12) Order that the juvenile participate in programs emphasizing self-reliance, such as intensive outdoor programs teaching survival skills, including but not limited to camping, hiking, and other appropriate activities;

(13) Order that the juvenile participate in a program of academic or vocational education or counseling, such as a youth service bureau, requiring attendance at sessions designed to afford access to opportunities for normal growth and development. This may require attendance after school, evenings, and weekends;

(14) Place the juvenile in a suitable residential or nonresidential program for the treatment of alcohol or narcotic abuse, provided that the juvenile has been determined to be in need of such services;

(15) Order the parent or guardian of the juvenile to participate in appropriate programs or services when the court has found either that such person's omission or conduct was a significant contributing factor towards the commission of the delinquent act, or, under its authority to enforce litigant's rights, that such person's omission or conduct has been a significant contributing factor towards the ineffective implementation of a court order previously entered in relation to the juvenile;

(16) (a) Place the juvenile in a nonresidential program operated by a public or private agency, providing intensive services to juveniles for specified hours, which may include education, counseling to the juvenile and the juvenile's family if appropriate, vocational training, employment counseling, work, or other services;

(b) Place the juvenile under the custody of the Juvenile Justice Commission established pursuant to section 2 of P.L.1995, c.284 (C.52:17B-170) for placement with any private group home or private residential facility with which the commission has entered into a purchase of service contract;

(17) Instead of or in addition to any disposition made according to this section, the court may postpone, suspend, or revoke for a period not to exceed two years the driver's license, registration certificate, or both of any juvenile who used a motor vehicle in the course of committing an act for which the juvenile was adjudicated delinquent. In imposing this disposition and in deciding the duration of the postponement, suspension, or revocation, the court shall consider the circumstances of the act for which the juvenile was adjudicated delinquent and the potential effect of the loss of driving privileges on the juvenile's ability to be rehabilitated. Any postponement, suspension, or revocation shall be imposed consecutively with any custodial commitment;

(18) Order that the juvenile satisfy any other conditions reasonably related to the rehabilitation of the juvenile;

(19) Order a parent or guardian who has failed or neglected to exercise reasonable supervision or control of a juvenile who has been adjudicated delinquent to make restitution to any person or entity who has suffered a loss as a result of that offense. The court may determine the reasonable amount, terms, and conditions of restitution; or

(20) Place the juvenile, if eligible, in an appropriate juvenile offender program established pursuant to P.L.1997, c.81
(C.30:8-61 et al.).

c. (1) If the county in which the juvenile has been adjudicated delinquent has a juvenile detention facility meeting the physical and program standards established pursuant to this subsection by the Juvenile Justice Commission, the court may, in addition to any of the dispositions not involving placement out of the home enumerated in this section, incarcerate the juvenile in the youth detention facility in that county for a term not to exceed 60 consecutive days. The decision by the court to incarcerate a juvenile shall be made in accordance with subsection i. of section 2 of P.L.1982, c.77 (C.2A:4A-21). Counties which do not operate their own juvenile detention facilities may contract for the use of approved commitment programs with counties with which they have established agreements for the use of pre-disposition juvenile detention facilities. The Juvenile Justice Commission shall promulgate such rules and regulations from time to time as deemed necessary to establish minimum physical facility and program standards for the use of juvenile detention facilities pursuant to this subsection.

(2) A juvenile shall not be incarcerated in any county detention facility unless the county has entered into an agreement with the Juvenile Justice Commission concerning the use of the facility for sentenced juveniles. Upon agreement with the county, the Juvenile Justice Commission shall certify detention facilities which may receive juveniles sentenced pursuant to this subsection and shall specify the capacity of the facility that may be made available to receive such juveniles; provided, however, that in no event shall the number of juveniles incarcerated pursuant to this subsection exceed 50% of the maximum capacity of the facility.

(3) The court may fix a term of incarceration under this subsection that is in accordance with subsection i. of section 2 of P.L.1982, c.77 (C.2A:4A-21) and:

(a) The act for which the juvenile was adjudicated delinquent, if committed by an adult, would have constituted a crime or repetitive disorderly persons offense;

(b) Incarceration of the juvenile is consistent with the goals of public safety, accountability, and rehabilitation and the court is clearly convinced that the aggravating factors substantially outweigh the mitigating factors as set forth in section 25 of P.L.1982, c.77 (C.2A:4A-44); and

(4) If as a result of incarceration of adjudicated juveniles pursuant to this subsection, a county is required to transport a predisposition juvenile to a juvenile detention facility in another county, the costs of such transportation shall be borne by the Juvenile Justice Commission.

d. Whenever the court imposes a disposition upon an adjudicated delinquent which requires the juvenile to perform a community service, restitution, or to participate in any other program provided for in this section other than subsection c., the duration of the juvenile's mandatory participation in such alternative programs shall extend for a period consistent with the program goal for the juvenile and shall in no event exceed one year beyond the maximum duration permissible for the delinquent if the juvenile had been committed to a term of incarceration.

e. In addition to any disposition the court may impose pursuant to this section or section 25 of P.L.1982, c.77 (C.2A:4A-44), the following orders shall be included in dispositions of the adjudications set forth below:

(1) An order to [perform community service pursuant to paragraph (10) of subsection b. of this section for a period of at least 60 days]:

(a) incarcerate the juvenile for a term of 30 days, if the juvenile has been adjudicated delinquent for an act which, if committed by an adult, would constitute the crime of theft of a motor vehicle, or the crime of unlawful taking of a motor vehicle in violation of subsection c. of N.J.S.2C:20-10[, or the third degree crime of eluding in violation of subsection b. of N.J.S.2C:29-2] ;

(b) an order to incarcerate the juvenile for a term of 60 days and, following the term of incarceration, place the juvenile in a nonresidential program operated by a public or private agency pursuant to subparagraph (a) of paragraph (16) of subsection b. of this section for a length of time specified by the court, if the juvenile has been adjudicated delinquent for a second violation of an act which, if committed by an adult, would constitute the crime of theft of a motor vehicle, or the crime of unlawful taking of a motor vehicle in violation of subsection c. of N.J.S.2C:20-10;

(c) an order to incarcerate the juvenile for a term of six months and, following the term of incarceration, place the juvenile in a nonresidential program operated by a public or private agency pursuant to subparagraph (a) of paragraph (16) of subsection b. of this section for a length of time specified by the court, if the juvenile has been adjudicated delinquent for a third or subsequent violation of an act which, if committed by an adult, would constitute the crime of theft of a motor vehicle, or the crime of unlawful taking of a motor vehicle in violation of subsection c. of N.J.S.2C:20-10;

(d) an order to incarcerate the juvenile for a term of 10 days and, following the term of incarceration, perform community service pursuant to paragraph (10) of subsection b. of this section for a period of at least 30 days if the juvenile has been adjudicated delinquent for an act which, if committed by an adult, would constitute the crime of entering and riding in a motor vehicle knowing that the motor vehicle has been taken or is being operated without the consent of the owner in violation of subsection d. of N.J.S.2C:20-10; or

(e) an order to perform community service pursuant to paragraph (10) of subsection b. of this section for a period of at least 60 days if the juvenile has been adjudicated delinquent for an act which, if committed by an adult, would constitute the third degree crime of eluding in violation of subsection b. of N.J.S.2C:29-2; and

(2) (Deleted by amendment, P.L.2019, c.363)

(3) [An order to perform community service pursuant to paragraph (10) of subsection b. of this section for a period of at least 30 days, if the juvenile has been adjudicated delinquent for an act which, if committed by an adult, would constitute the fourth degree crime of unlawful taking of a motor vehicle in violation of subsection b. of N.J.S.2C:20-10.] (Deleted by amendment, P.L. , c. )

(4) (Deleted by amendment, P.L.2019, c.363)

f. (1) (Deleted by amendment, P.L.2019, c.363)

(2) (Deleted by amendment, P.L.2019, c.363)

(3) (Deleted by amendment, P.L.2019, c.363)

g. Whenever the court imposes a disposition upon an adjudicated delinquent which requires the juvenile to perform a community service, restitution, or to participate in any other program provided for in this section, the order shall include provisions which provide balanced attention to the protection of the community, accountability for offenses committed, fostering interaction and dialogue between the offender, victim, and community and the development of competencies to enable the child to become a responsible and productive member of the community.

(cf: P.L.2021, c.342, s.1)

2. (New section) a. Notwithstanding the provisions of subsection e. of N.J.S.2C:44-1 or any other law, and in addition to any other disposition a person convicted of theft of a motor vehicle pursuant to subparagraph (b) of paragraph (2) of subsection b. of N.J.S.2C:20-2 shall be sentenced to a mandatory minimum term of imprisonment of 180 days, during which the person shall be ineligible for parole. A person convicted of a second or subsequent offense shall be sentenced to a mandatory minimum term of imprisonment of one year, during which the person shall be ineligible for parole.

b. In addition to any other penalty imposed by the court, a person convicted of theft of a motor vehicle pursuant to subparagraph (b) of paragraph (2) of subsection b. of N.J.S.2C:20-2 may be required to pay monetary restitution to any person or entity who has suffered loss resulting from personal injuries or damage to property as a result of that offense. The court may determine the reasonable amount, terms, and conditions of restitution.

3. (New section) Notwithstanding the provisions of subsection e. of N.J.S.2C:44-1 or any other law, and in addition to any other disposition, any person being at least 18 years of age who knowingly uses, solicits, directs, hires, or employs a person 17 years of age or younger to commit theft of a motor vehicle pursuant to subparagraph (b) of paragraph (2) of subsection b. of N.J.S.2C:20-2; the unlawful taking of a motor vehicle in violation of subsection b. or c. of N.J.S.2C:20-10; or entering and riding in a motor vehicle knowing that the motor vehicle has been taken or is being operated without the consent of the owner in violation of subsection d. of N.J.S.2C:20-10 shall be sentenced to a term of imprisonment which shall include the imposition of a minimum term of not less than six months and not greater than one year for a first offense, and not less than five years for a second or subsequent offense. It shall be no defense to a prosecution under this section that the person mistakenly believed that the person which the actor used, solicited, directed, hired or employed was 18 years of age or older, even if such mistaken belief was reasonable.

4. This act shall take effect on the first day of the fourth month following enactment.

STATEMENT

This bill increases the penalties imposed on juveniles and adults convicted of motor vehicle theft and related crimes.

The bill specifically provides that a person convicted of a first offense of theft of a motor vehicle would be sentenced to a mandatory minimum term of imprisonment of 180 days without eligibility for parole. A person convicted of a second or subsequent offense would be sentenced to a mandatory minimum term of imprisonment of one year without eligibility for parole. The court may also require a person to pay monetary restitution to any person or entity who has suffered loss resulting from personal injuries or damage to property as a result of the offense.

A juvenile adjudicated delinquent for an act which, if committed by an adult, would constitute the crime of theft of a motor vehicle, or the crime of unlawful taking of a motor vehicle (joy riding) and operating it in a manner that creates a risk of injury or risk of property damage would be sentenced to incarceration for a term of 30 days for a first offense. For a second offense, the juvenile would be sentenced to incarceration for a term of 60 days followed by a period of time in a nonresidential program operated by a public or private agency. For a third or subsequent offense, the juvenile would be sentenced to incarceration for a term of six months, followed by a period of time in a nonresidential program.

If the juvenile has been adjudicated delinquent for an act which, if committed by an adult, would constitute the crime of entering and riding in a motor vehicle knowing that the motor vehicle has been taken or is being operated without the consent of the owner, the court would order the juvenile incarcerated for a term of 10 days, followed by a term of community service for at least 30 days.

Under current law, the court may require a juvenile to make restitution to a person or entity who has suffered loss resulting from personal injuries or damage to property as a result of the offense for which the juvenile has been adjudicated delinquent. Under the bill, the court would not be permitted to order a juvenile who has been adjudicated delinquent for an act which, if committed by an adult, would constitute the crime of theft of a motor vehicle, the unlawful taking of a motor vehicle, or joyriding to pay restitution.

Finally, the provisions of the bill provide that any person who is at least 18 years of age who knowingly uses, solicits, directs, hires, or employs a person 17 years of age or younger to commit theft of a motor vehicle, the unlawful taking of a motor vehicle, or joyriding is to be sentenced to a mandatory minimum term of imprisonment of between six months and one year for a first offense, and not less than five years for a second or subsequent offense.

According to New Jersey officials, as of May 2022 car thefts have increased 37% compared to 2021 and 53% compared to 2020. There were 14,320 vehicles stolen in New Jersey in 2021. Nationally, the National Insurance Crime Bureau has reported an “unprecedented” rise in car thefts and carjackings in recent years, increasing by 16.5% across the country in 2021 compared to 2019 and nearly 29% compared to 2017.

In the view of the sponsor, the increasing numbers of car thefts have had many negative impacts on the community, ranging from an increased fear of crime to the loss of transportation when a vehicle is stolen and costs for car insurance.