Bill Text: NJ S3463 | 2018-2019 | Regular Session | Introduced


Bill Title: Upgrades unlawful taking thefts in certain instances.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced) 2019-02-07 - Introduced in the Senate, Referred to Senate Judiciary Committee [S3463 Detail]

Download: New_Jersey-2018-S3463-Introduced.html

SENATE, No. 3463

STATE OF NEW JERSEY

218th LEGISLATURE

 

INTRODUCED FEBRUARY 7, 2019

 


 

Sponsored by:

Senator  JAMES W. HOLZAPFEL

District 10 (Ocean)

Senator  CHRISTOPHER J. CONNORS

District 9 (Atlantic, Burlington and Ocean)

 

 

 

 

SYNOPSIS

     Upgrades unlawful taking thefts in certain instances.

 

CURRENT VERSION OF TEXT

     As introduced.

 


An Act concerning theft and amending N.J.S.2C:20-3.

 

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

 

     1.    N.J.S.2C:20-3 is amended to read as follows:

     a.     Movable property.     A person is guilty of theft if he unlawfully takes, or exercises unlawful control over, movable property of another with purpose to deprive him thereof.

     b.    Immovable property.      A person is guilty of theft if he unlawfully transfers any interest in immovable property of another with purpose to benefit himself or another not entitled thereto.

     c.     A person who commits theft in violation of subsection a. of this section by taking a package delivered to a residential property by any cargo carrier shall be guilty of a fourth degree crime if the amount taken does not exceed $200. If the amount taken exceeds $200, the person shall be guilty of a crime one degree higher than the underlying offense.

     d.    Notwithstanding the provisions of N.J.S.2C:43-3 and in addition to any other fine or penalty imposed, a person who commits theft in violation of subsection a. of this section by taking a package delivered to a residential property by any cargo carrier shall be sentenced to make restitution.

(cf: P.L.1978, c.95, s.2C:20-3)

 

     2.    This act shall take effect immediately.

 

 

STATEMENT

 

     Currently, theft by unlawful taking under N.J.S.A.2C:20-3 is a theft offense that is graded by the value of the property taken. Package theft from residences is a crime punishable under N.J.S.A.2C:20-3 as an unlawful taking offense. 

     This bill increases the penalties for unlawful taking when that taking targets a package delivered to a residential property by any cargo carrier. "Cargo carrier" is defined broadly in subsection w. of N.J.S.2C:20-1. Under the bill, a person who commits theft by taking a package delivered to a residential property by any cargo carrier shall be guilty of a fourth degree crime if the amount taken does not exceed $200.  If the amount taken exceeds $200, the person shall be guilty of a crime one degree higher than the underlying offense.  Additionally the bill provides in new subsection d. that restitution shall be ordered in these cases. Presently it is a permissible option for the sentencing judge in any criminal offense.

     It is the sponsor's view that while theft of packages may be more commonplace during the holiday shopping season, it is a serious crime that can result not only in the loss of gifts that are ordered but also in the potential loss of medication, legal documents and other important items delivered to homes, and thus warrants more stringent penalties than other types of theft by unlawful taking offenses.

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