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Assembly committee advances bill creating home-invasion and residential-burglary offenses after testimony

State Assembly Committee · September 19, 2024
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Summary

A state Assembly committee voted to release S3006/3204, which would create distinct home-invasion and residential-burglary crimes, after testimony from an assistant public defender urging change to NEERA provisions and from Edison’s mayor describing rising burglaries and policing costs.

A state Assembly committee on Monday voted to release a senate committee substitute, S3006/3204, that would create the crimes of home invasion and residential burglary and raise penalties for those offenses.

The bill drew extended testimony from Fletcher Duddy, assistant public defender, who urged the committee to remove a provision that would make residential-burglary convictions subject to the No Early Release Act (NEERA), which requires defendants to serve 85% of their sentence. "They have to serve 85% of their time in prison," Duddy said, and added that NEERA eligibility would bar some defendants from treatment-based alternatives such as recovery court.

Mayor Sam Joshi of Edison Township urged lawmakers to advance the measure, saying his municipality has seen a rise in home invasions and burglaries. "In 2023, the total number of burglaries was 500. To date, we have already reached 369 burglaries," Joshi said, and described local policing responses including new substations, expanded units and automated license-plate readers. He told the committee his town has allocated $2,000,000 for police overtime to address the trend.

Assembly members acknowledged both concerns. Several members said codifying separate home-invasion and residential-burglary charges will give prosecutors new tools and better data. "By codifying into law these 2 new types of charges, we will finally give our prosecutors the tools we need," an assembly member said during debate.

The committee recorded a roll-call vote and released S3006/3204 for further legislative consideration. The record shows multiple members voting yes; the committee did not adopt the public defender's requested textual change at this hearing.

What happens next

The bill has been released from committee for additional legislative steps; sponsors and opponents may continue to negotiate language, including the NEERA-related clause Duddy highlighted.