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New Jersey Bill A397 Creates First-Degree Home Invasion Crime and Upgrades Residential Burglary

Original title: Creates first degree crime of home invasion, upgrades certain residential burglaries to second degree crime; requires juvenile carjacking and home invasion offenses be tried in county where delinquency occurred.

Last action · January 13, 2026: Introduced, Referred to Assembly Judiciary CommitteeSponsors: Flynn, Victoria A. and 3 others

Introduced
Committee
Floor Vote
Passed
Law

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What This Bill Would Do

New Jersey Bill A397 establishes the new first-degree crime of home invasion carrying a mandatory prison term of 10 to 30 years, automatically upgrades residential burglaries where someone is present to a second-degree crime, and mandates that juvenile carjacking and home invasion cases be tried in the county where the offense occurred.

Why it matters

Residents face significantly harsher criminal penalties and mandatory minimum prison sentences for unlawful entries into occupied dwellings, while juvenile defendants accused of specific violent property offenses lose the option of transfer to their home county.

Background
  • New Jersey bills designated with an 'A' prefix originate in the General Assembly, the lower house of the state legislature. context
  • Title 2C of the New Jersey Revised Statutes contains the New Jersey Code of Criminal Justice. context

Who It Would Affect

Groups the bill's text would affect if enacted, as described in the record. Being affected is not a position for or against it.

Directly affected

Individuals accused of burglary or home invasion

Defendants face higher felony gradations, mandatory minimum prison terms of 10 years for home invasion, and elimination of lack-of-knowledge defenses regarding residential occupancy.

Directly affected

Juvenile defendants facing carjacking or home invasion charges

Juveniles are restricted from having their delinquency proceedings transferred to their county of residence and must face trial where the incident occurred.

Directly affected

Residents of New Jersey

Legal protections and criminal classifications regarding home invasions and residential burglaries are altered to establish stricter statutory penalties.

Key Facts

You don't have to trust us. Each fact below is taken straight from the official document - click any one to see the exact passage, highlighted in the original.

Frequently Asked Questions

What constitutes a home invasion under Bill A397?
A home invasion occurs when someone unlawfully enters or remains in a residential dwelling knowing they are not licensed to do so, with intent to commit robbery, first or second-degree crimes, or certain sexual or kidnapping offenses, while occupants are present, and uses force, makes threats, commits additional crimes, or carries a deadly weapon or explosive.
What is the penalty for home invasion?
Home invasion is designated as a first-degree crime and carries a mandatory prison sentence ranging from 10 to 30 years.
Does an offender need to know someone is home for a burglary to be upgraded?
No. Knowledge of an occupant's presence is not an element of the upgraded second-degree burglary offense, and a lack of knowledge cannot be used as a legal defense.
Where will juvenile offenders accused of carjacking be tried under this bill?
Juveniles accused of carjacking or home invasion must appear before the court and be tried in the county where the alleged incident occurred, preventing transfers to the juvenile's home county.

What else do you want to know?

News Coverage

No news coverage found yet. Articles are indexed twice daily.

Where This Stands

Currently in committee. The next step in the legislative lifecycle is Floor Vote.

Procedural history

1 action
  1. Jan 13, 2026HouseIntroduced
    Introduced, Referred to Assembly Judiciary Committee

Version history

Only one version on file - nothing to compare yet. As later stages (committee substitute, engrossed, enrolled) are captured, the redline appears here.

View official text →

Lobbying Activity

No state lobbying filings in our records match this bill. Federal lobbying reports (LDA) cover Congress, so they are not listed on state bills.

Full breakdown

Who this bill affects and the strongest case for and against it, written only from the bill’s own text.

Sponsors

Discoveries

1 pattern noticed across the record

Patterns POLISCOPE noticed across the record. These are observations to investigate, not conclusions.

policy shift95% confidence

Mandatory Venue Restriction for Juveniles

The bill removes flexibility in juvenile venue selection by forcing trials for carjacking and home invasion into the county of the incident, overriding standard practices that allowed venue changes based on juvenile residence.

Connected Entities

Sean T. Kean, Al Barlas, Victoria A. Flynn and 2 more
PersonSean T. Kean“Co-sponsor of the bill”Map →
PersonAl Barlas“Co-sponsor of the bill”Map →
PersonVictoria A. Flynn“Primary sponsor, Assemblywoman for District 13”Map →
OrganizationAssembly Judiciary Committee“Assembly committee to which the bill was referred”Map →
PersonGerry Scharfenberger“Primary sponsor, Assemblyman for District 13”Map →

Sources

Open source document

njleg.state.nj.us

Analysis Score

0–100
  • Significance80
    How much this matters to a regular citizen
  • Controversy45
    Intensity of disagreement among stakeholders
  • Entertainment10
    Compellingness for a non-policy-wonk reader
  • Buzz25
    Current news / social attention level

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