New Jersey A 111: Upgrades burglary of a residence to a crime of the second degree; requires mandatory period of parole ineligibility if residence was occupied at time of offense.

Bill Text

A111 

ASSEMBLY, No. 111 

STATE OF NEW JERSEY

222nd LEGISLATURE

� 

PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION

Sponsored by:

Assemblyman AL BARLAS

District 40 (Bergen, Essex and Passaic)

Assemblyman CHRISTOPHER P. DEPHILLIPS

District 40 (Bergen, Essex and Passaic)

Co-Sponsored by:

Assemblymen Azzariti Jr. and Auth

SYNOPSIS

���� Upgrades burglary of a residence to a crime of the 
second degree; requires mandatory period of parole ineligibility if residence 
was occupied at time of offense.

CURRENT VERSION OF TEXT 

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

��

An Act concerning burglary and amending N.J.S.2C:18-2 
and P.L.1997, c.117.

���� 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 or thereon 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;

���� (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; or

���� (3)� Trespasses in or upon 
utility company property where public notice prohibiting trespass is given by 
conspicuous posting, or fencing or other enclosure manifestly designed to 
exclude intruders.

���� 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; or

���� (3)� Unlawfully enters or 
surreptitiously remains in a dwelling or other structure adapted for overnight 
accommodation of persons, whether or not a person is actually present.� If a 
person was present at the time of the offense the actor shall be subject to the 
provisions of subsection a. of section 2 of P.L.1997, c.117 (C.2C:43-7.2).

���� 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.2009, c.283, s.2)

���� 2.��� Section 2 of P.L.1997, 
c.117 (C.2C:43-7.2) is amended to read as follows:

���� 2.��� a.� A court imposing a 
sentence of incarceration for a crime of the first or second degree enumerated 
in subsection d. of this section shall fix a minimum term of 85% of the 
sentence imposed, during which the defendant shall not be eligible for parole.

���� b.��� The minimum term 
required by subsection a. of this section shall be fixed as a part of every 
sentence of incarceration imposed upon every conviction of a crime enumerated 
in subsection d. of this section, whether the sentence of incarceration is 
determined pursuant to N.J.S.2C:43-6, N.J.S.2C:43-7, N.J.S.2C:11-3 or any other 
provision of law, and shall be calculated based upon the sentence of 
incarceration actually imposed. The provisions of subsection a. of this section 
shall not be construed or applied to reduce the time that must be served before 
eligibility for parole by an inmate sentenced to a mandatory minimum period of 
incarceration.� Solely for the purpose of calculating the minimum term of 
parole ineligibility pursuant to subsection a. of this section, a sentence of 
life imprisonment shall be deemed to be 75 years.

���� c.��� Notwithstanding any 
other provision of law to the contrary and in addition to any other sentence 
imposed, a court imposing a minimum period of parole ineligibility of 85 
percent of the sentence pursuant to this section shall also impose a five-year 
term of parole supervision if the defendant is being sentenced for a crime of 
the first degree, or a three-year term of parole supervision if the defendant 
is being sentenced for a crime of the second degree.� The term of parole 
supervision shall commence upon the completion of the sentence of incarceration 
imposed by the court pursuant to subsection a. of this section unless the 
defendant is serving a sentence of incarceration for another crime at the time 
he completes the sentence of incarceration imposed pursuant to subsection a., 
in which case the term of parole supervision shall commence immediately upon 
the defendant's release from incarceration.� During the term of parole 
supervision the defendant shall remain in release status in the community in 
the legal custody of the Commissioner of the Department of Corrections and 
shall be supervised by the State Parole Board as if on parole and shall be 
subject to the provisions and conditions of section 3 of P.L.1997, c.117 
(C.