On Oct. 18, 2024, Gov. Phil Murphy signs new legislation increasing penalties for home invasions, and handed Morris County Prosecutor Robert Carroll the pen.
In response to the recent escalation of residential home invasions/burglaries, Morris County law enforcement has announced that it will utilize a new law to prosecute home invaders to the fullest extent of the law.
Statewide and in Morris County, thieves have progressed from burglarizing and stealing vehicles using key fobs left in cars, to entering residences – often occupied – looking for key fobs and valuables. This creates the potential for dangerous confrontations, both for the burglar and for the residents, as some of these criminals have been arrested carrying firearms and other weapons.
On Oct. 18, 2024, Gov. Phil Murphy signed a bi-partisan bill S-3006. Morris County Prosecutor Robert J. Carroll and Morris County Sheriff James Gannon joined primary sponsor Senator Anthony Bucco for the signing, as they have been strong advocates for the legislation through its drafting.
In brief, the legislation established two new burglary classifications - home invasion burglary and residential burglary. Residential burglary, a second degree crime, refers to a person entering a residence to commit an offense. Home invasion burglary, a first degree crime, refers to a person entering a home to commit an offense and ultimately inflicts bodily injury or is armed with a deadly weapon, whether or not that weapon is used.
Both crimes are subject to the No Early Release Act, meaning upon conviction, the person must serve at least 85 percent of their term in prison before becoming eligible for parole. Both offenses also carry a presumption of incarceration, meaning judges are more likely to grant pre-trial detention. A juvenile charged with home invasion burglary or residential burglary, while in possession of a firearm, may be waived from the Family Part of the Superior Court to the Law Division to be tried as an adult.
Prosecutor Carroll said: “My Office has heard from members of the public and from our municipal police chiefs that this trend has eroded residents’ sense of security in their homes. These enhanced penalties not only punish the offenders of these heinous crimes, but also serve to deter the recruitment of juveniles into criminal organizations by career criminals, which has become a serious problem. We do not want our teenagers to be drawn into criminal networks.
By classifying these crimes as first and second degree, my fellow prosecutors and I now have enhanced statutory authority to detain subjects in appropriate cases, and if convicted, provide for incarceration for meaningful terms and parole ineligibility. We will not hesitate to utilize these stricter statutes to keep defendants in custody during the pendency of their cases, and aggressively use the law when appropriate to hold those who violate the sanctity of our residents’ homes accountable.”
I wish to thank Gov. Phil Murphy, New Jersey Attorney General Matt Platkin, Senator Anthony Bucco, Senator Brian Stack, Senator Vin Gopal, Assemblyman Sterley S. Stanley, Assemblyman Robert Karabinchak, Assemblyman Alexander Schnall, and the New Jersey Senate and Assembly members for overwhelmingly passing this critical legislation to protect our citizens from this predatory conduct. I also want to thank the New Jersey State Association of Chiefs of Police, the Morris County Police Chiefs Association, and Sheriffs Association of New Jersey for their steadfast support.”
Sheriff Gannon said, “We know the impact of burglary on the crime victim is second only to sexual assault in regards to its lasting effects. Their home is no longer a safe place. Privacy is violated. The devastation is so immense, victims often move out and move away. It is our responsibility as law enforcement professionals to diligently protect our citizens, investigate the crimes, and capture the offenders. We do that well, in my opinion. I applaud our legislators, particularly Senator Anthony Bucco, for coming together and enhancing the penalties associated with the crime of residential burglary. It is a great first step in the process of making positive change for the benefit of the crime victim. Now that this is law, I believe we will see a measurable difference in the safety of our communities. This will keep the criminal off the street and out of your house!”
Morris Plains Police Chief and Morris County Police Chief’s Association President Michael Koroski said, “These changes are yet another example of positive and impactful partnerships held between the Morris County Prosecutor’s Office, the Morris County Sheriff’s Office and the Municipal Chiefs of Police. While our Patrol Officers and Detectives are steadfastly patrolling and investigating crimes, our law enforcement leadership is working equally as hard to create and endorse legislation, draft policy, and support initiatives that aim to further protect the citizens of Morris County.”
