ASSEMBLY, No. 2324
STATE OF NEW JERSEY
INTRODUCED SEPTEMBER 16, 1996
By Assemblyman WEINGARTEN
An Act concerning burglary and amending N.J.S.2C:18-2.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. N.J.S.2C:18-2 is amended to read as follows:
2C:18-2. Burglary. a. Burglary defined. A person is guilty of burglary if, with purpose to commit an offense therein he:
(1) Enters a research facility, structure, or a separately secured or occupied portion thereof unless the structure was at the time open to the public or the actor is licensed or privileged to enter; or
(2) Surreptitiously remains in a research facility, structure, or a separately secured or occupied portion thereof knowing that he is not licensed or privileged to do so.
b. Grading. Burglary is a crime of the second degree if in the course of committing the offense, the actor:
(1) Purposely, knowingly or recklessly inflicts, attempts to inflict or threatens to inflict bodily injury on anyone; or
(2) Is armed with or displays what appear to be explosives or a deadly weapon.
Otherwise burglary is a crime of the third degree.
Any person who commits an offense under this section shall be sentenced to a term of imprisonment. The term of imprisonment shall include the imposition of a minimum term which shall be fixed at, or between, one-third and one-half of the sentence imposed, during which the defendant shall be ineligible for parole.
An act shall be deemed "in the course of committing" an offense if it occurs in an attempt to commit an offense or in immediate flight after the attempt or commission.
(cf: P.L.1995, c.20, s.3)
2. This act shall take effect immediately.
STATEMENT
This bill provides for a mandatory minimum term of imprisonment for the crime of burglary in the second degree or third degree. The term of imprisonment would be fixed at, or between, one-third and one-half of the sentence imposed, during which the defendant shall be ineligible for parole.
Imposes mandatory minimum terms of imprisonment for burglary.