Sponsored by:
Assemblywoman CAROL A. MURPHY
District 7 (Burlington)
Assemblywoman MARISA SWEENEY
District 25 (Morris and Passaic)
Assemblywoman MAUREEN ROWAN
District 2 (Atlantic)
SYNOPSIS
Establishes third degree crime for certain trespasses involving victim of domestic violence.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning domestic violence related criminal trespass and amending N.J.S.2C:18-3.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 2 of P.L.2024, c.83 (C.2C:18-2.2) is amended to read as follows:
2. a. A person is guilty of residential burglary if, with purpose to commit an offense therein or thereon, the person:
(1) Enters a residential dwelling or accommodation, or a separately secured portion thereof, unless the actor is licensed or privileged to enter; or
(2) Surreptitiously remains in a residential dwelling or accommodation, or a separately secured portion thereof, knowing that the actor is not licensed or privileged to do so.
b. For the purposes of subsection a. of this section, it is not an element of the offense that the actor knew that any other person was present in the residential dwelling or accommodation when the actor entered or surreptitiously remained therein, and it shall not be a defense that the actor did not know that any other person was present in the residential dwelling or accommodation when the actor entered or surreptitiously remained therein.
c. Residential burglary is a crime of the second degree, subject to section 2 of P.L.1997, c.117 (C.2C:43-7.2), unless the actor demonstrates by a preponderance of evidence that the actor reasonably believed that no resident or any other person, other than a person acting in concert with the actor, was present in the residential dwelling or accommodation when the actor entered or surreptitiously remained therein, in which case the offense is a crime of the second degree, not subject to section 2 of P.L.1997, c.117 (C.2C:43-7.2).
d. (1) Residential burglary is a crime of the third degree if, intending to cause injury or intending to commit a crime, the person enters the residential dwelling of a victim of domestic violence who is protected by a final restraining order issued pursuant to P.L.1991, c.261 (C.2C:25-17 et seq.) against the actor.
(2) If a final restraining order is in place, or if the actor has been convicted of or charged with a crime or offense arising from a domestic violence incident involving the victim, there shall be a rebuttable presumption that the person entered the dwelling intending to cause injury or intending to commit a crime. The presumption of nonimprisonment set forth in N.J.S.2C:44-1 shall not apply to persons convicted under the provisions of this paragraph.
(cf: P.L.2024, c.83, s.2)
2. This act shall take effect immediately.
STATEMENT
The bill provides that a person commits residential burglary as a crime of the third degree if, intending to cause injury or intending to commit a crime, the person enters the dwelling of a victim of domestic violence who is protected by a final restraining order issued in accordance with the “Prevention of Domestic Violence Act of 1991” against the actor. Moreover, and as amended, the bill creates a presumption that the actor did intend to cause injury or to commit a crime if a final restraining order is in place, or if the actor has been convicted of or charged with a crime or offense arising from a domestic violence incident involving the victim. Finally, the bill provides that no presumption of nonincarceration shall apply to persons convicted of such crime.
A crime of the third degree is punishable by three to five years imprisonment, a fine of up to $15,000, or both.