New Jersey S 1293: Establishes Medication Management, Outreach and Support Program in DHS; appropriates $8 million.

Bill Text

S1293 

SENATE, No. 1293 

STATE OF NEW JERSEY

222nd LEGISLATURE

� 

PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION

Sponsored by:

Senator LINDA R. GREENSTEIN

District 14 (Mercer and Middlesex)

SYNOPSIS

���� Revises penalty for criminal trespassing while 
carrying firearm.

CURRENT VERSION OF TEXT 

���� Introduced Pending Technical Review by Legislative 
Counsel.

�� 

An Act concerning criminal trespassing while carrying a 
firearm and amending N.J.S.2C:18-3.

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

���� 1.��� N.J.S.2C:18-3 is amended 
to read as follows:

���� 2C:18-3. a. Unlicensed entry 
of structures.� A person commits an offense if, knowing that [he] the person 
is not licensed or privileged to do so, [he] the person 
enters or surreptitiously remains in any research facility, structure, or 
separately secured or occupied portion thereof, or in or upon utility company 
property, or in the sterile area or operational area of an airport. An offense 
under this subsection is a crime of the fourth degree if it is committed in a 
school or on school property.� The offense is a crime of the fourth degree if 
it is committed in a dwelling.� An offense under this section is a crime of the 
fourth degree if it is committed in a research facility, power generation 
facility, waste treatment facility, public sewage facility, water treatment 
facility, public water facility, nuclear electric generating plant or any 
facility which stores, generates or handles any hazardous chemical or chemical 
compounds.� An offense under this subsection is a crime of the fourth degree if 
it is committed in or upon utility company property.� An offense under this 
subsection is a crime of the fourth degree if it is committed in the sterile 
area or operational area of an airport.� Otherwise it is a disorderly persons 
offense.

���� A crime of the fourth 
degree under this subsection shall be a crime of the third degree if the person 
possesses a firearm while committing the offense, regardless of whether the 
person is the holder of a permit to carry a handgun pursuant to N.J.S.2C:58-4.� 
A disorderly persons offense under this subsection shall be a crime of the 
fourth degree if the person possesses a firearm while committing the offense, 
regardless of whether the person is the holder of a permit to carry a handgun 
pursuant to N.J.S.2C:58-4.

���� b.��� Defiant trespasser.� A 
person commits a petty disorderly persons offense or, if the person 
possesses a firearm while committing the offense a disorderly persons offense, 
regardless of whether the person is the holder of a permit to carry a handgun 
pursuant to N.J.S.2C:58-4 if, knowing that [he] the person is not 
licensed or privileged to do so, [he] the person 
enters or remains in any place as to which notice against trespass is given by:

���� (1)� [Actual] actual 
communication to the actor; [or]

���� (2)� [Posting] posting 
in a manner prescribed by law or reasonably likely to come to the attention of 
intruders; or

���� (3)� [Fencing] fencing 
or other enclosure manifestly designed to exclude intruders.

���� c.��� Peering into windows or 
other openings of dwelling places. A person commits a crime of the fourth 
degree if, knowing that [he] the person 
is not licensed or privileged to do so, [he] the person 
peers into a window or other opening of a dwelling or other structure adapted 
for overnight accommodation for the purpose of invading the privacy of another 
person and under circumstances in which a reasonable person in the dwelling or 
other structure would not expect to be observed.

���� d.��� Defenses.� It is an 
affirmative defense to prosecution under this section that:

���� (1)� [A] a 
structure involved in an offense under subsection a. was abandoned;

���� (2)� [The] the 
structure was at the time open to members of the public and the actor complied 
with all lawful conditions imposed on access to or remaining in the structure; 
or

���� (3)� [The] the 
actor reasonably believed that the owner of the structure, or other person 
empowered to license access thereto, would have licensed [him] the person 
to enter or remain, or, in the case of subsection c. of this section, to peer.

���� e.��� The conspicuous 
posting of a sign prohibiting or otherwise indicating that it is not 
permissible to carry a firearm in that structure or place shall give rise to an 
inference that an actor who accesses or remains in that structure or place 
while carrying a firearm: 

���� (1) knowingly was not 
licensed or privileged to enter or remain in that structure or place; 

���� (2) did not comply with all 
lawful conditions imposed on access to or remaining in the structure or place; 
and 

���� (3) did not reasonably 
believe that the owner of the structure or place, or other person empowered to 
license access thereto, would have licensed them to enter or remain in that 
structure or place.

(cf:� P.L.2013, c.1