SENATE, No. 639

STATE OF NEW JERSEY

INTRODUCED FEBRUARY 5, 1996

By Senator GIRGENTI

An Act concerning burglary and amending N.J.S.2C:18-1 and 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:18-1 is amended to read as follows:

    2C:18-1. In this chapter, unless a different meaning plainly is required, "structure" means any building, room, ship, vessel, car, vehicle or airplane, and also means any place adapted for overnight accommodation of persons, or for carrying on business therein, whether or not a person is actually present and "dwelling" means any building used by a person as a place of residence.

(cf: P.L.1980, c.112, s.1)

    2. 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.

    Burglary is also a crime of the second degree if the structure entered is a dwelling.

    Otherwise burglary is a crime of the third degree. 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)

    3. This act shall take effect immediately.

STATEMENT

    Presently, burglary is punishable as a crime of the second degree if the defendant either was armed or inflicted bodily injury during the course of the offense. In all other circumstances, burglary is a crime of the third degree. This bill would classify any burglary of a structure used as a dwelling as a crime of the second degree.

Classifies burglary of a residence as a crime of the second degree.