By Vin Gopal

The Senate passed legislation to establish separate offenses of home invasion burglary and residential burglary. As a prime sponsor of this bill, it’s gratifying to report that it had bipartisan support and passed the Senate 36 to 1.

The increase of auto thefts over the past several years brought a rise in home invasions, which increased as auto thieves became emboldened. The result is that some auto thefts quickly turned into home invasions as the thieves broke into garages and homes to get the car keys and were confronted by the home’s occupants. These confrontations can turn violent fast and that’s a formula for disaster. 

Currently, however, there are no specific charges for home invasions in the state; all of these crimes are charged simply as burglaries. That’s why we joined with Senator’s Anthony Bucco and Brian Stack to advance legislation to establish residential burglary and home invasion burglaries as crimes in New Jersey.

Under our bill, a person is guilty of the crime of residential burglary if they break into a home to steal its contents or for other reasons when no one is in the home. 

In a home invasion burglary, the person enters a residence without permission and in the course of committing the offense, purposely, knowingly, or recklessly inflicts bodily injury, or is armed with a deadly weapon. The current law does not recognize the difference in danger between a burglary of an empty home and a burglary of a home whose occupants are present. They are both charged as second degree crimes.

Our bill would make them two different crimes: the charge of home invasion burglary being a first-degree crime punishable by a term of imprisonment of 10 to 20 years, a fine of up to $200,000, or both, while residential burglary would remain a second-degree crime carrying a term of imprisonment of 5 to 10 years, a fine of up to $150,000, or both. 

This legislation also would make it easier for law enforcement agencies to track the incidence of home invasions and residential burglaries, both of which are now reported in crime statistics as burglaries.

Additionally, both home invasion burglary and residential burglary are subject to the “No Early Release Act,” which requires a person convicted of certain crimes to serve at least 85 percent of the term of incarceration imposed before becoming eligible for parole. 

Under our bill, convictions for home invasion burglary or residential burglary in which the defendant used or possessed a firearm, or where the defendant used or possessed a stolen vehicle, are also subject to extended terms of imprisonment. The measure, which has been referred to the Assembly Public Safety and Preparedness Committee, includes a provision that would make conviction of either crime grounds to deny a professional license from the Division of Consumer Affairs in the Department of Law and Public Safety.

When we accomplish that balance, justice is better served and we make our state safer, fairer, and more affordable for all residents.