Cracking Down on Home Invasions

By Vin Gopal

Last week we struck a blow to criminals who commit home invasions.

It’s gratifying as the prime sponsor to report that the governor has signed our bill into law establishing separate offenses of home invasion burglary and residential burglary.

We needed to make this important distinction in the law between burglaries of unoccupied homes and homes with people in them to address the increase in auto thefts that have turned into home invasions over the past several years. We were reminded of the seriousness of home invasions last week with the tragedy of a 20-year veteran detective in the Cumberland County Prosecutor’s office murdered in her own home during a home invasion.

That’s why we joined with Senators Anthony Bucco and Brian Stack to advance this bipartisan legislation to establish residential burglary and home invasion burglaries as separate crimes.

Under the new law, a person is guilty of the crime of residential burglary if they break into a home to steal its contents or for other reasons when no one is in the home. In a home invasion burglary, someone enters another person’s home without permission and in the course of committing the burglary purposely, knowingly, or recklessly inflicts bodily injury to the occupants, or is armed with a deadly weapon.

Prior to this change, the law did not recognize the difference between burglary of an empty home and a burglary when the occupants are present. They were both charged as second degree crimes.

Our bill made them two different crimes. The charge of home invasion burglary being a first-degree crime punishable by a 10-to 20-year prison term, a fine of up to $200,000, or both. Residential burglary would remain a second-degree crime carrying a prison sentence of 5 to 10 years, a fine of up to $150,000, or both.

The rate of auto-thefts over the past two years threatens the property and safety of New Jersey residents and places an added strain on law enforcement. This legislation also will make it easier for law enforcement agencies to track the incidence of home invasions and residential burglaries, both of which had been reported in crime statistics as burglaries.

One of the alarming trends in auto theft that led to our legislation was that the thefts have become more organized. Gangs come into a town or an area and take multiple cars, and often rely on juveniles to steal them. The police catch them, but they are charged as juveniles and released. Some are back on the street stealing cars a few weeks later.

Additionally, our legislation made both home invasion burglary and residential burglary subject to the “No Early Release Act,” which requires a person convicted of certain crimes to serve at least 85 percent of the term of incarceration imposed before becoming eligible for parole.

This new law adds teeth to a package of bills signed into law this summer to strengthen the criminal penalties for auto theft with a focus on persistent, repeat offenders and large-scale automobile trafficking networks.

By approaching the problems of home invasion and auto theft from multiple numerous angles and in bipartisan fashion, we will make our state safer for everyone.