New Jersey A 5526: Elevates disorderly persons theft to crime of fourth degree upon second conviction within two years.

Bill Text

(Sponsorship Updated As Of: 11/20/2023)
ASSEMBLY, No. 5526

STATE OF NEW JERSEY
220th LEGISLATURE

INTRODUCED JUNE 5, 2023

Sponsored by:
Assemblyman THOMAS P. GIBLIN
District 34 (Essex and Passaic)
Assemblyman ALEX SAUICKIE
District 12 (Burlington, Middlesex, Monmouth and Ocean)

SYNOPSIS
Elevates disorderly persons theft to crime of fourth degree upon second
conviction within two years.

CURRENT VERSION OF TEXT
As introduced.

A5526 GIBLIN, SAUICKIE
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EXPLANATION – Matter enclosed in bold-faced brackets [thus] in the above bill is
not enacted and is intended to be omitted in the law.

Matter underlined thus is new matter.

AN ACT concerning theft and amending N.J.S.2C:20-2. 1
2
BE IT ENACTED by the Senate and General Assembly of the State 3
of New Jersey: 4
5
1. N.J.S.2C:20-2 is amended to read as follows: 6
2C:20-2. a. Consolidation of Theft and Computer Criminal 7
Activity Offenses. Conduct denominated theft or computer 8
criminal activity in this chapter constitutes a single offense, but 9
each episode or transaction may be the subject of a separate 10
prosecution and conviction. A charge of theft or computer criminal 11
activity may be supported by evidence that it was committed in any 12
manner that would be theft or computer criminal activity under this 13
chapter, notwithstanding the specification of a different manner in 14
the indictment or accusation, subject only to the power of the court 15
to ensure fair trial by granting a bill of particulars, discovery, a 16
continuance, or other appropriate relief where the conduct of the 17
defense would be prejudiced by lack of fair notice or by surprise. 18
b. Grading of theft offenses. 19
(1) Theft constitutes a crime of the second degree if: 20
(a) The amount involved is $75,000 or more; 21
(b) The property is taken by extortion; 22
(c) The property stolen is a controlled dangerous substance or 23
controlled substance analog as defined in N.J.S.2C:35-2 and the 24
quantity is in excess of one kilogram; 25
(d) The property stolen is a person's benefits under federal or 26
State law, or from any other source, which the Department of 27
Human Services or an agency acting on its behalf has budgeted for 28
the person's health care and the amount involved is $75,000 or 29
more; 30
(e) The property stolen is human remains or any part thereof; 31
except that, if the human remains are stolen by deception or 32
falsification of a document by which a gift of all or part of a human 33
body may be made pursuant to P.L.2008, c.50 (C.26:6-77 et al.), the 34
theft constitutes a crime of the first degree; or 35
(f) It is in breach of an obligation by a person in his capacity as 36
a fiduciary and the amount involved is $50,000 or more. 37
(2) Theft constitutes a crime of the third degree if: 38
(a) The amount involved exceeds $500 but is less than $75,000; 39
(b) The property stolen is a firearm, motor vehicle, vessel, boat, 40
horse, domestic companion animal or airplane; 41
(c) The property stolen is a controlled dangerous substance or 42
controlled substance analog as defined in N.J.S.2C:35-2 and the 43
amount involved is less than $75,000 or is undetermined and the 44
quantity is one kilogram or less; 45

A5526 GIBLIN, SAUICKIE
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(d) It is from the person of the victim; 1
(e) It is in breach of an obligation by a person in his capacity as 2
a fiduciary and the amount involved is less than $50,000; 3
(f) It is by threat not amounting to extortion; 4
(g) It is of a public record, writing or instrument kept, filed or 5
deposited according to law with or in the keeping of any public 6
office or public servant; 7
(h) The property stolen is a person's benefits under federal or 8
State law, or from any other source, which the Department of 9
Human Services or an agency acting on its behalf has budgeted for 10
the person's health care and the amount involved is less than 11
$75,000; 12
(i) The property stolen is any real or personal property related 13
to, necessary for, or derived from research, regardless of value, 14
including, but not limited to, any sample, specimens and 15
components thereof, research subject, including any warm-blooded 16
or cold-blooded animals being used for research or intended for use 17
in research, supplies, records, data or test results, prototypes or 18
equipment, as well as any proprietary information or other type of 19
information related to research; 20
(j) The property stolen is a New Jersey Prescription Blank as 21
referred to in R.S.45:14-14; 22
(k) The property stolen consists of an access device or a defaced 23
access device; 24
(l) The property stolen consists of anhydrous ammonia and the 25
actor intends it to be used to manufacture methamphetamine; or 26
(m) The property stolen consists of a package delivered to a 27
residential property by a cargo carrier and the amount involved is 28
less than $75,000 or is undetermined. 29
(3) Theft constitutes a crime of the fourth degree if: 30
(i) the amount involved is at least $200 but