New Jersey A 1385: The "New Jersey Parental Rights and Property Tax Reduction Act."

Bill Text

A1385 

ASSEMBLY, No. 1385 

STATE OF NEW JERSEY

222nd LEGISLATURE

� 

PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION

Sponsored by:

Assemblywoman ELLEN J. PARK

District 37 (Bergen)

SYNOPSIS

���� Increases statute of limitations for prosecution of 
theft of firearm.

CURRENT VERSION OF TEXT 

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

�� 

An Act concerning theft of a firearm and amending 
N.J.S.2C:1-6.

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

���� 1.��� N.J.S.2C:1-6 is amended 
to read as follows:

���� 2C:1-6.� Time Limitations.� 
a.� (1)� A prosecution for any offense set forth in N.J.S.2C:11-3, 
N.J.S.2C:11-4, N.J.S.2C:14-2 or sections 1 through 5 of P.L.2002, c.26 
(C.2C:38-1 through C.2C:38-5) may be commenced at any time.

���� (2)�� A prosecution for any 
offense set forth in N.J.S.2C:17-2, section 9 of P.L.1970, c.39 (C.13:1E-9), 
section 20 of P.L.1989, c.34 (C.13:1E-48.20), section 19 of P.L.1954, c.212 
(C.26:2C-19), section 10 of P.L.1984, c.173 (C.34:5A-41), or section 10 of P.L.1977, 
c.74 (C.58:10A-10) may be commenced at any time.

���� b.��� Except as otherwise 
provided in this section, prosecutions for other offenses are subject to the 
following periods of limitations:

���� (1)�� A prosecution for a 
crime must be commenced within five years after it is committed;

���� (2)�� A prosecution for a 
disorderly persons offense or petty disorderly persons offense must be 
commenced within one year after it is committed;

���� (3)�� A prosecution for any 
offense set forth in N.J.S.2C:27-2, N.J.S.2C:27-4, N.J.S.2C:27-6, 
N.J.S.2C:27-7, N.J.S.2C:29-4, N.J.S.2C:30-2, N.J.S.2C:30-3, or any attempt or 
conspiracy to commit such an offense, must be commenced within seven years 
after the commission of the offense;

���� (4)�� A prosecution for an 
offense set forth in N.J.S.2C:14-3 or N.J.S.2C:24-4, when the victim at the 
time of the offense is below the age of 18 years, must be commenced within five 
years of the victim's attaining the age of 18 or within two years of the discovery 
of the offense by the victim, whichever is later;

���� (5)�� (Deleted by amendment, 
P.L.2007, c.131);

���� (6)�� A prosecution for 
theft of a firearm pursuant to subparagraph (b) of paragraph (2) of subsection 
b. of N.J.S.2C:20-2 must be commenced within 10 years after the commission of 
the offense.

���� �c.��� An offense is committed 
either when every element occurs or, if a legislative purpose to prohibit a 
continuing course of conduct plainly appears, at the time when the course of 
conduct or the defendant's complicity therein is terminated.� Time starts to run 
on the day after the offense is committed, except that when the prosecution is 
supported by physical evidence that identifies the actor by means of DNA 
testing or fingerprint analysis, time does not start to run until the State is 
in possession of both the physical evidence and the DNA or fingerprint evidence 
necessary to establish the identification of the actor by means of comparison 
to the physical evidence.

���� d.��� A prosecution is 
commenced for a crime when an indictment is found and for a nonindictable 
offense when a warrant or other process is issued, provided that such warrant 
or process is executed without unreasonable delay. Nothing contained in this 
section, however, shall be deemed to prohibit the downgrading of an offense at 
any time if the prosecution of the greater offense was commenced within the 
statute of limitations applicable to the greater offense.

���� e.���� The period of 
limitation does not run during any time when a prosecution against the accused 
for the same conduct is pending in this State.

���� f.���� The limitations in this 
section shall not apply to any person fleeing from justice.

���� g.��� Except as otherwise 
provided in this code, no civil action shall be brought pursuant to this code 
more than five years after such action accrues.

(cf: P.L.2007, c.131, s.1)

���� 2.��� This act shall take 
effect immediately and shall be applicable to all offenses occurring on or 
after the effective date of this act.� A prosecution for an offense committed 
prior to the effective date of P.L.��� , c.��� (pending before the Legislature 
as this bill) shall be governed by the five-year statute of limitations as it 
was set forth in N.J.S.2C:1-6 prior to the effective date of P.L.��� , c.��� (pending 
before the Legislature as this bill).

STATEMENT

���� This bill would increase the 
statute of limitations for theft of a firearm.

���� Under current law, theft of a 
firearm constitutes a crime of the third degree, which is punishable by 
imprisonment of three to five years, a fine of up to $15,000, or both.� 
Generally, prosecution of a crime of the first, second, third, or fourth degree 
is required to be commenced within five years after the crime is committed. 
Therefore, prosecution for theft of a firearm is to be commenced wi