S189 S410 SCS

Sponsored by:

Senator PHILIP E. HAINES

District 8 (Burlington)

Senator NICHOLAS P. SCUTARI

District 22 (Middlesex, Somerset and Union)

Assemblyman REED GUSCIORA

District 15 (Mercer)

Assemblyman DAVID P. RIBLE

District 11 (Monmouth)

Co-Sponsored by:

Senator Codey

SYNOPSIS

Establishes penalties for use of bump key to commit certain crimes.

CURRENT VERSION OF TEXT

Substitute as adopted by the Senate Law and Public Safety Committee.

An Act concerning burglary, supplementing Title 2C of the New Jersey Statutes, and amending N.J.S.2C:5-5.

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

1. (New section) a. For the purposes of this act, “bump key” means an altered or modified key that is able to work in multiple locks by striking or applying other force to the key in order to cause a lock to open in a manner that is unintended by the lock’s manufacturer.

b. Any person who knowingly uses a bump key while committing or attempting to commit burglary pursuant to N.J.S.2C:18-2 is guilty of a crime of the fourth degree; otherwise it is a disorderly persons offense to knowingly use a bump key to commit or facilitate an offense in chapter 20 of this Title or any other offense involving forcible entry to a premises.

c. Notwithstanding the provisions of N.J.S.2C:1-8 or any other provisions of law, a conviction arising under this section shall not merge with a conviction for burglary under N.J.S.2C:18-2 or criminal trespass under N.J.S.2C:18-3.

2. N.J.S.2C:5-5 is amended to read as follows:

2C:5-5. Burglar’s Tools. a. Any person who manufactures or possesses any engine, machine, tool or implement adapted, designed or commonly used for committing or facilitating any offense in chapter 20 of this Title or offenses involving forcible entry into premises[.] commits an offense if that person:

(1) [Knowing] knows the same to be so adapted or designed or commonly used; and

(2) [With] does so with either a purpose so to use or employ it, or with a purpose to provide it to some person who he knows has such a purpose to use or employ it[, is guilty of an offense].

b. Any person who publishes plans or instructions dealing with the manufacture or use of any burglar tools as defined above, with the intent that such publication be used for committing or facilitating any offense in chapter 20 of this Title or offenses involving forcible entry into premises is guilty of an offense.

The offense under a. or b. of this section is a crime of the fourth degree if the defendant manufactured such instrument or implements or published such plans or instructions; otherwise it is a disorderly persons offense.

(cf: P.L.1992, c.198, s.1)

3. This act shall take effect immediately.