Right now in New Jersey, there's no looming threat that's stopping someone from breaking into your home, according to lawmakers and officials.

A bipartisan measure moving through the New Jersey Legislature would upgrade penalties for burglary in certain cases, and that upgrade includes a presumption of jail time — even if the offender is a minor.

"The main point that we're trying to send here is that if you commit these types of crimes, you are going to do the time," Sen. Anthony Bucco, R-Morris, told New Jersey 101.5.

Bucco is a primary sponsor of the measure that passed the full Senate in late June. It creates two new offenses beyond standard burglary.

The offenses make a distinction in cases where the crime is committed at a residence, as opposed to a business.

Under the bill, an offense of "residential burglary" would count as a second-degree crime. Therefore, it'll carry heightened penalties, along with a presumption of incarceration.

And under the bill, an individual can be charged with "home invasion burglary," a first-degree crime, if they commit a residential burglary with a deadly weapon, and/or inflict or threaten bodily injury. This offense, too, carries greater penalties than a standard burglary, with a presumption of incarceration.

"Unless we are able to provide some consequences for their actions, there will never be a deterrent," Bucco said.

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Bucco said the legislation was born out of discussions with police and prosecutors throughout New Jersey. The proposal has the support of the County Prosecutors Association of New Jersey, the New Jersey State Association of Chiefs of Police, and the Sheriffs' Association of New Jersey.

"After such an intrusion, a person’s home no longer feels like a safe haven because their personal privacy has been violated, their sanctuary is destroyed," said Morris County Sheriff James Gannon. "It is our responsibility as law enforcement professionals to diligently protect our citizens, investigate crimes, capture, and prosecute these offenders, and it is the legislature’s duty to help us to deter such harm."

The bill notes that juveniles aged 15 and older can be subject to the same penalties as adults. But the point is not to "lock away juveniles and throw away the key," according to Bucco.

"This is designed to give law enforcement the opportunity to get to these juveniles before they resort to a life of crime," Bucco said. "If we can't have incarceration held over the juvenile's head, how can we ever get them to understand that they're going down the wrong path?"

The proposed law has been referred to the Assembly Public Safety and Preparedness Committee.

Legislators are currently on summer break.

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