ASSEMBLY, No. 5655
STATE OF NEW JERSEY
221st LEGISLATURE
INTRODUCED MAY 8, 2025
Sponsored by:
Assemblyman PAUL KANITRA
District 10 (Monmouth and Ocean)
SYNOPSIS
"Stolen Vehicle Possession Accountability Act"; increases penalties for adult and juvenile repeat offenses of receiving stolen motor vehicle.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning theft of motor vehicles, amending various parts of statutory law, and supplementing Title 2A of the New Jersey Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 2 of P.L.2023, c.101 (C.2C:20-10.2) is amended to read as follows:
2. a. Receiving a stolen motor vehicle. A person is guilty of receiving a stolen motor vehicle if the person knowingly receives or brings into this State a motor vehicle that is the property of another knowing that it has been stolen, or believing that it is probably stolen. [Receiving] Except as otherwise provided in subsection d. of this section, receiving a stolen motor vehicle is a crime of the second degree if the value of the motor vehicle is $75,000 or more, otherwise it is a crime of the third degree.
b. It is an affirmative defense that the property was received with the purpose to restore it to the owner.
c. Permissive inference. The requisite knowledge or belief may be inferred in the case of a person who:
(1) is found in possession or control of two or more motor vehicles stolen on two or more separate occasions; or
(2) has received a stolen motor vehicle in another transaction within the year preceding the transaction charged; or
(3) being a person in the business of buying or selling motor vehicles, acquires the motor vehicle without having ascertained by reasonable inquiry that the person from whom it was obtained had a legal right to possess and dispose of it; or
(4) is found in possession of a motor vehicle without proper documentation or other evidence of right to possession.
For the purposes of this section, "receiving" means acquiring possession, control or title, or lending on the security of the motor vehicle.
d. (1) A violation of this section is a crime of the second degree if a person has been convicted of, or adjudicated delinquent for, such crime, regardless of the value of the vehicle, on two or more prior and separate occasions during the 15 year period preceding the most recent violation. Any subsequent conviction of such crime shall also be a crime of the second degree.
(2) Except as provided in paragraph (3), and notwithstanding section 3 of P.L.2023, c.101 (C.2C:20-10.3), a person convicted of a violation of this section on two or more prior and separate occasions during the 15 year period preceding the most recent violation shall be sentenced by the court to a mandatory minimum period of parole ineligibility pursuant to section 2 of P.L.1997, c.117 (C.2C:43-7.2).
(3) Notwithstanding N.J.S.2C:43-6, if a juvenile who was adjudicated delinquent of a violation of this section, regardless of the value of the vehicle, on two or more prior and separate occasions is waived into an appropriate court for a violation in accordance with section 4 of P.L. , c. (C. ) (pending before the Legislature as this bill), the court shall impose a term of imprisonment not exceeding 10 years.
(cf: P.L.2023, c.101, s.2)
2. Section 3 of P.L.2023, c.101 (C.2C:20-10.3) is amended to read as follows:
3. Persistent stolen motor vehicle offender sentencing.
a. [Upon] Except as provided in subsection d. of section 2 of P.L.2023, c.101 (C.2C:20-10.2), upon request of the prosecutor, a person who has been convicted of a crime pursuant to section 1 or 2 of P.L.2023, c.101 (C.2C:20-10.1 or 2C:20-10.2) or carjacking pursuant to section 1 of P.L.1993, c.221 (C.2C:15-2) shall be sentenced to an extended term of imprisonment pursuant to N.J.S.2C:43-7 if the person has previously been convicted on two or more prior and separate occasions, regardless of the dates of the convictions, of a crime pursuant to section 1 or 2 of P.L.2023, c.101 (C.2C:20-10.1 or 2C:20-10.2), carjacking pursuant to section 1 of P.L.1993, c.221 (C.2C:15-2), theft or unlawful taking of a motor vehicle, receiving stolen property where the property involved is a motor vehicle, or a crime under any statute of the United States, this State, or any other state for a crime that is substantially equivalent to any of the crimes enumerated in this subsection.
b. The provisions of this section shall not apply unless the prior convictions are for crimes committed on a separate occasion and the crime for which the defendant is being sentenced was committed either:
(1) within 10 years of the date of the defendant's last release from confinement for the commission of any crime; or
(2) within 10 years of the date of the commission of the most recent of the crimes enumerated in subsection a. of this section for which the defendant has a prior conviction.
c. The court shall not impose a sentence of imprisonment pursuant to this section, unless the ground therefor has been established at a hearing after the conviction of the defendant and on written notice to the defendant of the ground proposed. The defendant shall have the right to hear and controvert the evidence against him and to offer evidence upon the issue. Prior convictions shall be defined and proven in accordance with N.J.S.2C:44-4.
(cf: P.L.2023, c.101, s.3)
3. N.J.S.2C:43-7 is amended to read as follows:
2C:43-7. Sentence of Imprisonment for Crime: Extended Terms.
2. a. A court imposing a sentence of incarceration for a crime of the first or second degree enumerated in subsection d. of this section shall fix a minimum term of 85% of the sentence imposed, during which the defendant shall not be eligible for parole.
b. The minimum term required by subsection a. of this section shall be fixed as a part of every sentence of incarceration imposed upon every conviction of a crime enumerated in subsection d. of this section, whether the sentence of incarceration is determined pursuant to N.J.S.2C:43-6, N.J.S.2C:43-7, N.J.S.2C:11-3, or any other provision of law, and shall be calculated based upon the sentence of incarceration actually imposed. The provisions of subsection a. of this section shall not be construed or applied to reduce the time that must be served before eligibility for parole by an inmate sentenced to a mandatory minimum period of incarceration. Solely for the purpose of calculating the minimum term of parole ineligibility pursuant to subsection a. of this section, a sentence of life imprisonment shall be deemed to be 75 years.
c. Notwithstanding any other provision of law to the contrary and in addition to any other sentence imposed, a court imposing a minimum period of parole ineligibility of 85 percent of the sentence pursuant to this section shall also impose a five-year term of parole supervision if the defendant is being sentenced for a crime of the first degree, or a three-year term of parole supervision if the defendant is being sentenced for a crime of the second degree. The term of parole supervision shall commence upon the completion of the sentence of incarceration imposed by the court pursuant to subsection a. of this section unless the defendant is serving a sentence of incarceration for another crime at the time the defendant completes the sentence of incarceration imposed pursuant to subsection a., in which case the term of parole supervision shall commence immediately upon the defendant's release from incarceration. During the term of parole supervision the defendant shall remain in release status in the community in the legal custody of the Commissioner of the Department of Corrections and shall be supervised by the State Parole Board as if on parole and shall be subject to the provisions and conditions of section 3 of P.L.1997, c.117 (C.30:4-123.51b).
d. The court shall impose sentence pursuant to subsection a. of this section upon conviction of the following crimes or an attempt or conspiracy to commit any of these crimes:
(1) N.J.S.2C:11-3, murder;
(2) N.J.S.2C:11-4, aggravated manslaughter or manslaughter;
(3) N.J.S.2C:11-5, vehicular homicide;
(4) subsection b. of N.J.S.2C:12-1, aggravated assault;
(5) subsection b. of section 1 of P.L.1996, c.14 (2C:12-11), disarming a law enforcement officer;
(6) N.J.S.2C:13-1, kidnapping;
(7) subsection a. of N.J.S.2C:14-2, aggravated sexual assault;
(8) subsection b. of N.J.S.2C:14-2 and paragraph (1) of subsection c. of N.J.S.2C:14-2, sexual assault;
(9) N.J.S.2C:15-1, robbery;
(10) section 1 of P.L.1993, c.221 (C.2C:15-2), carjacking;
(11) paragraph (1) of subsection a. of N.J.S.2C:17-1, aggravated arson;
(12) N.J.S.2C:18-2, burglary;
(13) subsection a. of N.J.S.2C:20-5, extortion;
(14) subsection b. of section 1 of P.L.1997, c.185 (C.2C:35-4.1), booby traps in manufacturing or distribution facilities;
(15) N.J.S.2C:35-9, strict liability for drug induced deaths;
(16) section 2 of P.L.2002, c.26 (C.2C:38-2), terrorism;
(17) section 3 of P.L.2002, c.26 (C.2C:38-3), producing or possessing chemical weapons, biological agents or nuclear or radiological devices;
(18) N.J.S.2C:41-2, racketeering, when it is a crime of the first degree;
(19) subsection i. of N.J.S.2C:39-9, firearms trafficking;
(20) paragraph (3) of subsection b. of N.J.S.2C:24-4, causing or permitting a child to engage in a prohibited sexual act, knowing that the act may be reproduced or reconstructed in any manner, or be part of an exhibition or performance;
(21) section 1 of P.L.2024, c.83 (C.2C:18-2.1), home invasion burglary; [or]
(22) section 2 of P.L.2024, c.83 (C.2C:18-2.2), residential burglary; or
(23) subsection d. of section 2 of P.L.2023, c.101 (C.2C:20-10.2), receiving a stolen motor vehicle.
e. (Deleted by amendment, P.L.2001, c.129).
(cf: P.L.2024, c.83, s.8)
4. (New section) The Superior Court, Chancery Division, Family Part shall waive jurisdiction of a juvenile delinquency case to an appropriate court and prosecuting authority without consent of the juvenile if:
a. the juvenile is charged with an offense which, if committed by an adult, would constitute receiving a stolen motor vehicle pursuant to section 2 of P.L.2023, c.101 (C.2C:20-10.2); and
b. the juvenile has been adjudicated delinquent of such offense on two or more prior and separate occasions, regardless of the value of the motor vehicle.
5. This act shall take effect immediately.
STATEMENT
This bill establishes a second degree crime for certain individuals who are convicted or adjudicated delinquent of a third offense for receipt of a stolen motor vehicle, N.J.S.A.2C:20-10.2.
Under the bill, a person who commits the crime of receiving a stolen motor vehicle on two or more prior and separate occasions during the 15-year-period preceding the most recent charge is guilty of a crime of the second degree. The bill provides that a conviction for such crime is subject to the "No Early Release Act," which requires that a defendant serve 85% of the sentence, during which time the defendant is not eligible for parole.
A second degree crime is punishable by five to 10 years imprisonment, a fine of up to $150,000, or both.
Moreover, the bill establishes that a juvenile court is required to waive jurisdiction of a juvenile who commits a delinquent act which, if committed by an adult, would constitute receiving a stolen motor vehicle on two or more prior and separate occasions. The bill clarifies that on the third or subsequent violation committed by a juvenile, the court may sentence the juvenile to a maximum of 10 years of imprisonment. However, if the individual is an adult when committing the third or subsequent violation, the individual shall be subject to the enhanced sentencing under the bill.