Submitted by New Jersey DWI Attorney, Jeffrey Hark
ASSEMBLY, No. 3835
STATE OF NEW JERSEY
215th LEGISLATURE
INTRODUCED FEBRUARY 14, 2013
Sponsored by:
Assemblywoman LINDA STENDER
District 22 (Middlesex, Somerset and Union)
Assemblyman RALPH R. CAPUTO
District 28 (Essex)
SYNOPSIS
Revises penalties for certain drunk driving offenses, including mandating installation of ignition interlock device, and creates restricted use driver’s license.
CURRENT VERSION OF TEXT
As introduced.
An Actrevising penalties for certain drunk driving offenses, including use of a restricted use driver’s license, amending various parts of the statutory law, and supplementing Title 39 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. R.S.39:4-50 is amended to read as follows:
39:4-50. (a) Except as provided in subsection (g) of this section, a person who operates a motor vehicle while under the influence of intoxicating liquor, narcotic, hallucinogenic or habit-producing drug, or operates a motor vehicle with a blood alcohol concentration of 0.08% or more by weight of alcohol in the defendant’s blood or permits another person who is under the influence of intoxicating liquor, narcotic, hallucinogenic or habit-producing drug to operate a motor vehicle owned by him or in his custody or control or permits another to operate a motor vehicle with a blood alcohol concentration of 0.08% or more by weight of alcohol in the defendant’s blood shall be subject:
(1) For the first offense:
(i) if the person’s blood alcohol concentration is 0.08% or higher but less than 0.10%, or the person operates a motor vehicle while under the influence of intoxicating liquor, or the person permits another person who is under the influence of intoxicating liquor to operate a motor vehicle owned by him or in his custody or control or permits another person with a blood alcohol concentration of 0.08% or higher but less than 0.10% to operate a motor vehicle, to a fine of not less than $250 nor more than $400 and a period of detainment of not less than 12 hours nor more than 48 hours spent during two consecutive days of not less than six hours each day and served as prescribed by the program requirements of the Intoxicated Driver Resource Centers established under subsection (f) of this section and, in the discretion of the court, a term of imprisonment of not more than 30 days. [and shall forthwith] . In addition, the court shall order the person to forfeit his right to operate a motor vehicle over the highways of this State for a period of [three months] 10 days, during which period the person shall install an ignition interlock device and thereafter maintain the installation for the court ordered period as set forth under the provisions of P.L.1999, c.417 (C.39:4-50.16 et al.), unless the person presents to the court at the time of sentencing satisfactory proof that a device is already installed and can therefore immediately begin the penalty period associated with the installation, or the person does not own or lease a motor vehicle and there is no vehicle the person principally operates, in which case the court shall instead order the person to forfeit his right to operate a motor vehicle over the highways of this State for a period of not less than three months or more than six months;
(ii) if the person’s blood alcohol concentration is 0.10% or higher, or the person operates a motor vehicle while under the influence of narcotic, hallucinogenic or habit-producing drug, or the person permits another person who is under the influence of narcotic, hallucinogenic or habit-producing drug to operate a motor vehicle owned by him or in his custody or control, or permits another person with a blood alcohol concentration of 0.10% or more to operate a motor vehicle, to a fine of not less than $300 nor more than $500 and a period of detainment of not less than 12 hours nor more than 48 hours spent during two consecutive days of not less than six hours each day and served as prescribed by the program requirements of the Intoxicated Driver Resource Centers established under subsection (f) of this section and, in the discretion of the court, a term of imprisonment of not more than 30 days [and shall forthwith] . In addition, the court shall order the person to forfeit his right to operate a motor vehicle over the highways of this State for a period of [not less than seven months nor more than one year;
(iii) For a first offense, a person also shall be subject] 10 days, during which period the person shall install an ignition interlock device [to] and thereafter maintain the installation for the court ordered period as set forth under the provisions of P.L.1999, c.417 (C.39:4-50.16 et al.), unless the person presents to the court at the time of sentencing satisfactory proof that a device is already installed and can therefore immediately begin the penalty period associated with the installation, or the person does not own or lease a motor vehicle and there is no vehicle the person principally operates, in which case the court shall instead order the person to forfeit his right to operate a motor vehicle over the highways of this State for a period of not less than seven months or more than one year.
(2) For a second violation, a person shall be subject to a fine of not less than [$500.00] $500 nor more than [$1,000.00] $1,000, and shall be ordered by the court to perform community service for a period of 30 days, which shall be [of such] in the form and on [such] the terms as the court shall deem appropriate under the circumstances, and shall be sentenced to imprisonment for a term of not [less than 48 consecutive hours, which shall not be suspended or served on probation, nor] more than 90 days [, and shall], except that the court may lower this term for each day served participating in a drug or alcohol inpatient rehabilitation program approved by the Intoxicated Driver Resource Center. In addition, the court shall order the person toforfeit his right to operate a motor vehicle over the highways of this State for a period of [two years upon conviction, and, after the expiration of said period, he may make application to the Chief Administrator of the New Jersey Motor Vehicle Commission for a license to operate a motor vehicle, which application may be granted at the discretion of the chief administrator, consistent with subsection (b) of this section. For a second violation, a person also shall be required to] 10 days, during which period the person shall install an ignition interlock device and thereafter maintain the installation for the court ordered period as set forth under the provisions of P.L.1999, c.417 (C.39:4-50.16 et al.), as well as obtain during this 10-day period a restricted use driver’s license issued by the chief administrator pursuant to the provisions of P.L. , c. (C. ) (pending before the Legislature as this bill), which the person shall use to operate the affected motor vehicle for at least the first year of the ignition interlock device installation period but for not more than the maximum duration of that installation period, as ordered by the court. If the person presents to the court, at the time of sentencing, satisfactory proof that an ignition interlock device is already installed, the court shall still order the 10 day forfeiture of the person’s right to operate a motor vehicle over the highways of this State, during which time the person shall obtain the restricted use driver’s license.
If the person does not own or lease a motor vehicle and there is no vehicle the person principally operates, the court shall instead order the person to forfeit his right to operate a motor vehicle over the highways of this State for a period of not less than two years or more than four years.
(3) For a third or subsequent violation, a person shall be subject to a fine of [$1,000.00] $1,000, and shall be ordered by the court to perform community service for a period of not less than 60 days, which shall be in the form and on the terms as the court shall deem appropriate under the circumstances, and shall be sentenced to imprisonment for a term of not less than 180 days in a county jail or workhouse, except that the court may lower [such] this term for each day [, not exceeding 90 days,] served participating in a drug or alcohol inpatient rehabilitation program approved by the Intoxicated Driver Resource Center [and thereafter] . In addition, the court shall order the person toforfeit his right to operate a motor vehicle over the highways of this State for [10 years. For a third or subsequent violation, a person also shall be required to] 10 days, during which period the person shall install an ignition interlock device and thereafter maintain the installation for the court ordered period as set forth under the provisions of P.L.1999, c.417 (C.39:4-50.16 et al.), as well as obtain during this 10-day period a restricted use driver’s license issued by the chief administrator pursuant to the provisions of P.L. , c. (C. ) (pending before the Legislature as this bill), which the person shall use to operate the affected motor vehicle for at least the first year of the ignition interlock device installation period but for not more than the maximum duration of that installation period, as ordered by the court. If the person presents to the court, at the time of sentencing, satisfactory proof that an ignition interlock device is already installed, the court shall still order the 10 day forfeiture of the person’s right to operate a motor vehicle over the highways of this State, during which time the person shall obtain the restricted use driver’s license.
If the person does not own or lease a motor vehicle and there is no vehicle the person principally operates, the court shall instead order the person to forfeit his right to operate a motor vehicle over the highways of this State for a period of not less than 10 years or more than 20 years.
As used in this section, the phrase “narcotic, hallucinogenic or habit-producing drug” includes an inhalant or other substance containing a chemical capable of releasing any toxic vapors or fumes for the purpose of inducing a condition of intoxication, such as any glue, cement or any other substance containing one or more of the following chemical compounds: acetone and acetate, amyl nitrite or amyl nitrate or their isomers, benzene, butyl alcohol, butyl nitrite, butyl nitrate or their isomers, ethyl acetate, ethyl alcohol, ethyl nitrite or ethyl nitrate, ethylene dichloride, isobutyl alcohol or isopropyl alcohol, methyl alcohol, methyl ethyl ketone, nitrous oxide, n-propyl alcohol, pentachlorophenol, petroleum ether, propyl nitrite or propyl nitrate or their isomers, toluene, toluol or xylene or any other chemical substance capable of causing a condition of intoxication, inebriation, excitement, stupefaction or the dulling of the brain or nervous system as a result of the inhalation of the fumes or vapors of such chemical substance.
Whenever an operator of a motor vehicle has been involved in an accident resulting in death, bodily injury or property damage, a police officer shall consider that fact along with all other facts and circumstances in determining whether there are reasonable grounds to believe that person was operating a motor vehicle in violation of this section.
A conviction of a violation of a law of a substantially similar nature in another jurisdiction, regardless of whether that jurisdiction is a signatory to the Interstate Driver License Compact pursuant to P.L.1966, c.73 (C.39:5D-1 et seq.), shall constitute a prior conviction under this subsection unless the defendant can demonstrate by clear and convincing evidence that the conviction in the other jurisdiction was based exclusively upon a violation of a proscribed blood alcohol concentration of less than 0.08%.
If the driving privilege of any person is under revocation or suspension for a violation of any provision of this Title or Title 2C of the New Jersey Statutes at the time of any conviction for a violation of this section, the revocation or suspension period imposed and the requirement to install an ignition interlock device pursuant to the provisions of P.L.1999, c.417 (C.39:4-50.16 et al.) under this section shall commence [as of] immediately, and the device shall remain installed after the date of termination of the existing revocation or suspension period for the specified installation period associated with a first, second, third, or subsequent offense set forth in section 2 of P.L.1999, c.417 (C.39:4-50.17); but the requirement to obtain a restricted use driver’s license issued by the chief administrator pursuant to the provisions of P.L. , c. (C. ) (pending before the Legislature as this bill), if applicable, shall commence as of the date of termination of the existing revocation or suspension period. In the case of any person who at the time of the imposition of sentence is less than 17 years of age, the forfeiture, suspension or revocation of the driving privilege imposed [by the court] and the requirement to install an ignition interlock device pursuant to the provisions of P.L.1999, c.417 (C.39:4-50.16 et al.) under this section shall commence immediately, run through the offender’s seventeenth birthday and continue from that date for the specified installation period [set by the court pursuant to paragraphs (1) through (3) of this subsection] associated with a first, second, third, or subsequent offense set forth in section 2 of P.L.1999, c.417 (C.39:4-50.17); but the requirement to obtain a restricted use driver’s license issued by the chief administrator pursuant to the provisions of P.L. , c. (C. ) (pending before the Legislature as this bill), if applicable, shall commence as of the date of termination of the existing forfeiture, suspension or revocation period. A court that imposes a term of imprisonment for a first or second offense under this section may sentence the person so convicted to the county jail, to the workhouse of the county wherein the offense was committed, to an inpatient rehabilitation program or to an Intoxicated Driver Resource Center or other facility approved by the chief of the Intoxicated Driving Program Unit in the Department of [Health and Senior] Human Services. For a third or subsequent offense a person shall not serve a term of imprisonment at an Intoxicated Driver Resource Center as provided in subsection (f).
A person who has been convicted of a previous violation of this section need not be charged as a second or subsequent offender in the complaint made against him in order to render him liable to the punishment imposed by this section on a second or subsequent offender, but if the second offense occurs more than 10 years after the first offense, the court shall treat the second conviction as a first offense for sentencing purposes and if a third offense occurs more than 10 years after the second offense, the court shall treat the third conviction as a second offense for sentencing purposes.
(b) A person convicted under this section must satisfy the screening, evaluation, referral, program and fee requirements of the Division of Alcoholism and Drug Abuse’s Intoxicated Driving Program Unit, and of the Intoxicated Driver Resource Centers and a program of alcohol and drug education and highway safety, as prescribed by the chief administrator. The sentencing court shall inform the person convicted that failure to satisfy such requirements shall result in a mandatory two-day term of imprisonment in a county jail and a driver license revocation or suspension and continuation of revocation or suspension until such requirements are satisfied, unless stayed by court order in accordance with the Rules Governing the Courts of the State of New Jersey, or R.S.39:5-22. Upon sentencing, the court shall forward to the Division of Alcoholism and Drug Abuse’s Intoxicated Driving Program Unit a copy of a person’s conviction record. A fee of [$100.00] $100 shall be payable to the Alcohol Education, Rehabilitation and Enforcement Fund established pursuant to section 3 of P.L.1983, c.531 (C.26:2B-32) to support the Intoxicated Driving Program Unit.
(c) Upon conviction of a violation of this section, the court shall collect forthwith the New Jersey driver’s license or licenses of the person so convicted and forward such license or licenses to the chief administrator. The court shall inform the person convicted that if he is convicted of personally operating a motor vehicle during the period of license suspension imposed pursuant to subsection (a) of this section, he shall, upon conviction, be subject to the penalties established in R.S.39:3-40. The person convicted shall be informed orally and in writing. A person shall be required to acknowledge receipt of that written notice in writing. Failure to receive a written notice or failure to acknowledge in writing the receipt of a written notice shall not be a defense to a subsequent charge of a violation of R.S.39:3-40. In the event that a person convicted under this section is the holder of any out-of-State driver’s license, the court shall not collect the license but shall notify forthwith the chief administrator, who shall, in turn, notify appropriate officials in the licensing jurisdiction. The court shall, however, revoke the nonresident’s driving privilege to operate a motor vehicle in this State, for a period that is the equivalent of the period of forfeiture of the right to operate a motor vehicle imposed upon a person who does not own or lease a motor vehicle and there is no vehicle the person principally operates, in accordance with this section. Upon conviction of a violation of this section, the court shall notify the person convicted, orally and in writing, of the penalties for a second, third, or subsequent violation of this section. A person shall be required to acknowledge receipt of that written notice in writing. Failure to receive a written notice or failure to acknowledge in writing the receipt of a written notice shall not be a defense to a subsequent charge of a violation of this section.
(d) The chief administrator shall promulgate rules and regulations pursuant to the “Administrative Procedure Act,” P.L.1968, c.410 (C.52:14B-1 et seq.) in order to establish a program of alcohol education and highway safety, as prescribed by this act.
(e) Any person accused of a violation of this section who is liable to punishment imposed by this section as a second or subsequent offender shall be entitled to the same rights of discovery as allowed defendants pursuant to the Rules Governing the Courts of the State of New Jersey.
(f) The counties, in cooperation with the Division of Alcoholism and Drug Abuse and the commission, but subject to the approval of the Division of Alcoholism and Drug Abuse, shall designate and establish on a county or regional basis Intoxicated Driver Resource Centers. These centers shall have the capability of serving as community treatment referral centers and as court monitors of a person’s compliance with the ordered treatment, service alternative or community service. All centers established pursuant to this subsection shall be administered by a counselor certified by the Alcohol and Drug Counselor Certification Board of New Jersey or other professional with a minimum of five years’ experience in the treatment of alcoholism. All centers shall be required to develop individualized treatment plans for all persons attending the centers; provided that the duration of any ordered treatment or referral shall not exceed one year. It shall be the center’s responsibility to establish networks with the community alcohol and drug education, treatment and rehabilitation resources and to receive monthly reports from the referral agencies regarding a person’s participation and compliance with the program. Nothing in this subsection shall bar these centers from developing their own education and treatment programs; provided that they are approved by the Division of Alcoholism and Drug Abuse.
Upon a person’s failure to report to the initial screening or any subsequent ordered referral, the Intoxicated Driver Resource Center shall promptly notify the sentencing court of the person’s failure to comply.
Required detention periods at the Intoxicated Driver Resource Centers shall be determined according to the individual treatment classification assigned by the Intoxicated Driving Program Unit. Upon attendance at an Intoxicated Driver Resource Center, a person shall be required to pay a per diem fee of [$75.00] $75 for the first offender program or a per diem fee of [$100.00] $100 for the second offender program, as appropriate. Any increases in the per diem fees after the first full year shall be determined pursuant to rules and regulations adopted by the Commissioner of [Health and Senior] Human Services in consultation with the Governor’s Council on Alcoholism and Drug Abuse pursuant to the “Administrative Procedure Act,” P.L.1968, c.410 (C.52:14B-1 et seq.).
The centers shall conduct a program of alcohol and drug education and highway safety, as prescribed by the chief administrator.
The Commissioner of [Health and Senior] Human Services shall adopt rules and regulations pursuant to the “Administrative Procedure Act,” P.L.1968, c.410 (C.52:14B-1 et seq.), in order to effectuate the purposes of this subsection.
(g) When a violation of this section occurs while:
(1) on any school property used for school purposes which is owned by or leased to any elementary or secondary school or school board, or within 1,000 feet of such school property;
(2) driving through a school crossing as defined in R.S.39:1-1 if the municipality, by ordinance or resolution, has designated the school crossing as such; or
(3) driving through a school crossing as defined in R.S.39:1-1 knowing that juveniles are present if the municipality has not designated the school crossing as such by ordinance or resolution, the convicted person shall: for a first offense, be fined not less than $500 or more than $800, and be imprisoned for not more than 60 days [and have his license to operate a motor vehicle suspended for a period of not less than one year or more than two years]; for a second offense, be fined not less than $1,000 or more than $2,000, perform community service for a period of 60 days, and be imprisoned for not less than 96 consecutive hours, which shall not be suspended or served on probation, nor more than 180 days, except that the court may lower such term for each day, not exceeding 90 days, served performing community service in such form and on such terms as the court shall deem appropriate under the circumstances [and have his license to operate a motor vehicle suspended for a period of four years]; and, for a third or subsequent offense, be fined $2,000, perform community service for a period of at least 60 days, and be imprisoned for 180 days in a county jail or workhouse, except that the court may lower such term for each day, not exceeding 90 days, served participating in a drug or alcohol inpatient rehabilitation program approved by the Intoxicated Driver Resource Center [, and have his license to operate a motor vehicle suspended for a period of 20 years; the period of license suspension shall commence upon the completion of any prison sentence imposed upon that person]. In addition, the person shall forfeit his right to operate a motor vehicle over the highways of this State, during which period the person shall install an ignition interlock device and be required to obtain a restricted use driver’s license issued by the chief administrator), or if the person does not own or lease a motor vehicle and there is no vehicle the person principally operates, the person shall instead forfeit his right to operate a motor vehicle over the highways of this State, as set forth in subsection (a) of this section.
A map or true copy of a map depicting the location and boundaries of the area on or within 1,000 feet of any property used for school purposes which is owned by or leased to any elementary or secondary school or school board produced pursuant to section 1 of P.L.1987, c.101 (C.2C:35-7) may be used in a prosecution under paragraph (1) of this subsection.
It shall not be relevant to the imposition of sentence pursuant to paragraph (1) or (2) of this subsection that the defendant was unaware that the prohibited conduct took place while on or within 1,000 feet of any school property or while driving through a school crossing. Nor shall it be relevant to the imposition of sentence that no juveniles were present on the school property or crossing zone at the time of the offense or that the school was not in session.
(h) A court also may order a person convicted pursuant to subsection (a) of this section, to participate in a supervised visitation program as either a condition of probation or a form of community service, giving preference to those who were under the age of 21 at the time of the offense. Prior to ordering a person to participate in such a program, the court may consult with any person who may provide useful information on the defendant’s physical, emotional and mental suitability for the visit to ensure that it will not cause any injury to the defendant. The court also may order that the defendant participate in a counseling session under the supervision of the Intoxicated Driving Program Unit prior to participating in the supervised visitation program. The supervised visitation program shall be at one or more of the following facilities which have agreed to participate in the program under the supervision of the facility’s personnel and the probation department:
(1) a trauma center, critical care center or acute care hospital having basic emergency services, which receives victims of motor vehicle accidents for the purpose of observing appropriate victims of drunk drivers and victims who are, themselves, drunk drivers;
(2) a facility which cares for advanced alcoholics or drug abusers, to observe persons in the advanced stages of alcoholism or drug abuse; or
(3) if approved by a county medical examiner, the office of the county medical examiner or a public morgue to observe appropriate victims of vehicle accidents involving drunk drivers.
As used in this section, “appropriate victim” means a victim whose condition is determined by the facility’s supervisory personnel and the probation officer to be appropriate for demonstrating the results of accidents involving drunk drivers without being unnecessarily gruesome or traumatic to the defendant.
If at any time before or during a visitation the facility’s supervisory personnel and the probation officer determine that the visitation may be or is traumatic or otherwise inappropriate for that defendant, the visitation shall be terminated without prejudice to the defendant. The program may include a personal conference after the visitation, which may include the sentencing judge or the judge who coordinates the program for the court, the defendant, defendant’s counsel, and, if available, the defendant’s parents to discuss the visitation and its effect on the defendant’s future conduct. If a personal conference is not practicable because of the defendant’s absence from the jurisdiction, conflicting time schedules, or any other reason, the court shall require the defendant to submit a written report concerning the visitation experience and its impact on the defendant. The county, a court, any facility visited pursuant to the program, any agents, employees, or independent contractors of the court, county, or facility visited pursuant to the program, and any person supervising a defendant during the visitation, are not liable for any civil damages resulting from injury to the defendant, or for civil damages associated with the visitation which are caused by the defendant, except for willful or grossly negligent acts intended to, or reasonably expected to result in, that injury or damage.
The Supreme Court may adopt court rules or directives to effectuate the purposes of this subsection.
(i) In addition to any other fine, fee, or other charge imposed pursuant to law, the court shall assess a person convicted of a violation of the provisions of this section a surcharge of $100, of which amount $50 shall be payable to the municipality in which the conviction was obtained and $50 shall be payable to the Treasurer of the State of New Jersey for deposit into the General Fund.
(cf: P.L.2009, c.201, s.1)
2. Section 2 of P.L.1981, c.512 (C.39:4-50.4a) is amended to read as follows:
2. a. [Except as provided in subsection b. of this section, the] The municipal court shall revoke the right to operate a motor vehicle of any operator who, after being arrested for a violation of R.S.39:4-50 or section 1 of P.L.1992, c.189 (C.39:4-50.14), shall refuse to submit to a test provided for in section 2 of P.L.1966, c.142 (C.39:4-50.2) when requested to do so, [for not less than seven months or more than one year unless the refusal was in connection with a second offense under this section, in which case the revocation period shall be for two years or unless the refusal was in connection with a third or subsequent offense under this section, in which case the revocation shall be for ten years.] for a period of 10 days, during which period the person shall install an ignition interlock device and thereafter maintain the installation for the court ordered period as set forth under the provisions of P.L.1999, c.417 (C.39:4-50.16 et al.), as well as, in the case of a second, third, or subsequent offense, obtain during this 10-day period a restricted use driver’s license issued by the chief administrator pursuant to the provisions of P.L. , c. (C. ) (pending before the Legislature as this bill), unless the person does not own or lease a motor vehicle and there is no vehicle the person principally operates, in which case the court shall instead order the person to forfeit his right to operate a motor vehicle over the highways of this State for the applicable period associated with a first, second, third, or subsequent offense under the provisions of R.S.39:4-50.
A conviction or administrative determination of a violation of a law of a substantially similar nature in another jurisdiction, regardless of whether that jurisdiction is a signatory to the Interstate Driver License Compact pursuant to P.L.1966, c.73 (C.39:5D-1 et seq.), shall constitute a prior conviction under this section.
The municipal court shall determine by a preponderance of the evidence whether the arresting officer had probable cause to believe that the person had been driving or was in actual physical control of a motor vehicle on the public highways or quasi-public areas of this State while the person was under the influence of intoxicating liquor or a narcotic, hallucinogenic, or habit-producing drug or marijuana; whether the person was placed under arrest, if appropriate, and whether he refused to submit to the test upon request of the officer; and if these elements of the violation are not established, no conviction shall issue. In addition to any other requirements provided by law, a person [whose operator’s license is revoked] who is convicted for refusing to submit to a test shall be referred to an Intoxicated Driver Resource Center established by subsection (f) of R.S.39:4-50 and shall satisfy the same requirements of the center for refusal to submit to a test as provided for in section 2 of P.L.1966, c.142 (C.39:4-50.2) in connection with a first, second, third, or subsequent offense under this section that must be satisfied by a person convicted of a commensurate violation of this section, or be subject to the same penalties as such a person for failure to do so. [For a first offense, the revocation may be concurrent with or consecutive to any revocation imposed for a conviction under the provisions of R.S.39:4-50 arising out of the same incident. For a second or subsequent offense, the revocation shall be consecutive to any revocation imposed for a conviction under the provisions of R.S.39:4-50.] In addition [to issuing a revocation], except as provided in subsection b. of this section, the municipal court shall fine a person convicted under this section, a fine of not less than $300 or more than $500 for a first offense; a fine of not less than $500 or more than $1,000 for a second offense; and a fine of $1,000 for a third or subsequent offense. [The person also shall be required to install an ignition interlock device pursuant to the provisions of P.L.1999, c.417 (C.39:4-50.16 et al.)].
b. For a first offense, the fine imposed upon the convicted person shall be not less than $600 or more than $1,000 [and the period of license suspension shall be not less than one year or more than two years]; for a second offense, a fine of not less than $1,000 or more than $2,000 [and a license suspension for a period of four years]; and for a third or subsequent offense, a fine of $2,000 [and a license suspension for a period of 20 years] , when a violation of this section occurs while:
(1) on any school property used for school purposes which is owned by or leased to any elementary or secondary school or school board, or within 1,000 feet of such school property;
(2) driving through a school crossing as defined in R.S.39:1-1 if the municipality, by ordinance or resolution, has designated the school crossing as such; or
(3) driving through a school crossing as defined in R.S.39:1-1 knowing that juveniles are present if the municipality has not designated the school crossing as such by ordinance or resolution.
A map or true copy of a map depicting the location and boundaries of the area on or within 1,000 feet of any property used for school purposes which is owned by or leased to any elementary or secondary school or school board produced pursuant to section 1 of P.L.1987, c.101 (C.2C:35-7) may be used in a prosecution under paragraph (1) of this subsection.
It shall not be relevant to the imposition of sentence pursuant to paragraph (1) or (2) of this subsection that the defendant was unaware that the prohibited conduct took place while on or within 1,000 feet of any school property or while driving through a school crossing. Nor shall it be relevant to the imposition of sentence that no juveniles were present on the school property or crossing zone at the time of the offense or that the school was not in session.
(cf: P.L.2009, c.201, s.5)
3. Section 2 of P.L.1999, c.417 (C.39:4-50.17) is amended to read as follows:
2. a. [(1) Except as provided in paragraph (2) of this subsection, in] (1) (a) Except as provided in subparagraph (b) of this paragraph:
in sentencing a first offender under R.S.39:4-50, the court [may] shall order, in addition to any other penalty imposed by that section, the installation of an ignition interlock device in the motor vehicle owned, leased, or principally operated by the offender [following the expiration of the period of license suspension imposed under that section. In] , to be accomplished during the 10-day period of license suspension imposed under that section, unless already installed by the offender with satisfactory proof of installation presented to the court; and
in sentencing a first offender under section 2 of P.L.1981, c.512 (C.39:4-50.4a), the court shall order, in addition to any other penalty imposed by that section, the installation of an ignition interlock device in the motor vehicle owned, leased, or principally operated by the offender [during and following the expiration of the period of license suspension imposed under that section. The] , to be accomplished during the 10-day period of license suspension imposed under that section, unless already installed by the offender with satisfactory proof of installation presented to the court.
If the offender’s blood alcohol concentration is 0.08% or higher but less than 0.10%, the device shall remain installed for not less than three months or more than six months, commencing immediately upon the restoration of the offender’s driver’s license after the 10-day period of license suspension or as indicated on the court order if no suspension occurs due to prior installation of the device with satisfactory proof of installation presented to the court. If the offender’s blood alcohol concentration is 0.10% or higher, or the offender is sentenced under section 2 of P.L.1981, c.512 (C.39:4-50.4a), the device shall remain installed for not less than [six] seven months or more than one year [, commencing immediately upon the return of the offender’s driver’s license after the required period of suspension has been served] , commencing immediately upon the restoration of the offender’s driver’s license after the 10-day period of license suspension or as indicated on the court order if no suspension occurs due to prior installation of the device with satisfactory proof of installation presented to the court.
(b) If the offender does not own or lease a motor vehicle or there is no vehicle the offender principally operates, the offender shall forfeit the right to operate a motor vehicle for the applicable period associated with a first offense set forth under the provisions of R.S.39:4-50.
[(2) If the first offender’s blood alcohol concentration is 0.15% or higher, the court shall order, in addition to any other penalty imposed under R.S.39:4-50, the installation of an ignition interlock device in the motor vehicle principally operated by the offender during and following the expiration of the period of license suspension imposed under that section . In addition to installation during the period of license suspension, the device shall remain installed for not less than six months or more than one year, commencing immediately upon the return of the offender’s driver’s license after the required period of suspension has been served.]
(2) (Deleted by amendment, P.L. , c. ) (pending before the Legislature as this bill)
b. (1) [In] (a) Except as provided in subparagraph (b) of this paragraph, in sentencing a second [or subsequent] offender under R.S.39:4-50 or section 2 of P.L.1981, c.512 (C.39:4-50.4a), the court shall order, in addition to any other penalty imposed by [that] the applicable section, the installation of an ignition interlock device in the motor vehicle owned, leased, or principally operated by the offender [during and following the expiration of the period of license suspension imposed under R.S.39:4-50 or section 2 of P.L.1981, c.512 (C.39:4-50.4a). In addition to installation during the period of license suspension, the device shall remain installed for not less than one year or more than three years, commencing immediately upon the return of the offender’s driver’s license after the required period of suspension has been served.], to be accomplished during the 10-day period of license suspension imposed under the applicable section, unless already installed by the offender with satisfactory proof of installation presented to the court. The device shall remain installed for not less than two yearsor more than four years.
(b) If the offender does not own or lease a motor vehicle or there is no motor vehicle the offender principally operates, the offender shall forfeit the right to operate a motor vehicle for the applicable period associated with a second offense set forth under the provisions of R.S.39:4-50.
(2) (a) Except as provided in subparagraph (b) of this paragraph, in sentencing a third or subsequent offender under R.S.39:4-50 or section 2 of P.L.1981, c.512 (C.39:4-50.4a), the court shall order, in addition to any other penalty imposed by the applicable section, the installation of an ignition interlock device in the motor vehicle owned, leased or principally operated by the offender, to be accomplished during the 10-day period of license suspension imposed under the applicable section, unless already installed by the offender with satisfactory proof of installation presented to the court. The device shall remain installed for not less than 10 years or more than 20 years.
(b) If the offender does not own or lease a motor vehicle or there is no motor vehicle that the offender principally operates, the offender shall forfeit the right to operate a motor vehicle for the applicable period associated with a third or subsequent offense set forth under the provisions of R.S.39:4-50.
c. The court shall require that, for the duration of its order, an offender shall drive no vehicle other than one in which an interlock device has been installed pursuant to the order.
d. As used in this act, “ignition interlock device” or “device” means a blood alcohol equivalence measuring device which will prevent a motor vehicle from starting if the operator’s blood alcohol content exceeds a predetermined level when the operator blows into the device.
e. The provisions of P.L.1999, c.417 (C.39:4-50.16 et al.) and any amendments and supplements thereto shall be applicable only to violations of R.S.39:4-50 and section 2 of P.L.1981, c.512 (C.39:4-50.4a).
(cf: P.L.2009, c.201, s.2)
4. Section 3 of P.L.1999, c.417 (C.39:4-50.18) is amended to read as follows:
3. The court shall notify the [Director of the Division of Motor Vehicles] Chief Administrator of the Motor Vehicle Commission when a person has been ordered, due to a violation of R.S.39:4-50 or section 2 of P.L.1981, c.512 (C.39:4-50.4a), to install an ignition interlock device in a vehicle owned, leased or [regularly] principally operated by the person. [The division shall require that the device be installed before reinstatement of the person’s driver’s license that has been suspended pursuant to R.S.39:4-50.] The commission shall require that the device be installed before issuance of a restricted use driver’s license or reinstatement of a driver’s license for that person, whose driver’s license has been suspended in accordance with the provisions of R.S.39:4-50 or section 2 of P.L.1981, c.512 (C.39:4-50.4a). The [division] commission shall imprint a notation on the restricted use driver’s license or reinstated driver’s license stating that the person shall not operate a motor vehicle unless it is equipped with an ignition interlock device and shall enter this requirement in the person’s driving record.
(cf: P.L.1999, c.417, s.3)
5. Section 4 of P.L.1999, c.417 (C.39:4-50.19) is amended to read as follows:
4. a. A person who fails to install an ignition interlock device ordered by the court in a motor vehicle owned, leased or [regularly] principally operated by him shall [have his] be guilty of a disorderly person’s offense. The court also shall suspend the person’s driver’s license [suspended] for [one year, in addition to any other suspension or revocation] the period of time imposed under R.S.39:4-50 associated with a person who does not own or lease a motor vehicle and there is no vehicle that person would principally operate, except that the applicable period applied by the court shall be the period for a second offense if the failure to install the device was committed by a first offender under R.S.39-4-50 or section 2 of P.L.1981, c.512 (C.39:4-50.4a), and shall be the period for a third offense if the failure to install the device was committed by a second offender under R.S.39-4-50 or section 2 of P.L.1981, c.512 (C.39:4-50.4a), unless the court determines a valid reason exists for the failure to comply. A person in whose vehicle an ignition interlock device is installed pursuant to a court order who drives that vehicle after it has been started by any means other than his own blowing into the device or who drives a vehicle that is not equipped with such a device shall be guilty of a disorderly person’s offense and shall have his driver’s license suspended for [one year] the same period of time described in this subsection as for a person who fails to install an ignition interlock device, in addition to any other penalty applicable by law.
b. A person is a disorderly person who:
(1) blows into an interlock device or otherwise starts a motor vehicle equipped with such a device for the purpose of providing an operable motor vehicle to a person who has been ordered by the court to install the device in the vehicle;
(2) tampers or in any way circumvents the operation of an interlock device; or
(3) knowingly rents, leases or lends a motor vehicle not equipped with an interlock device to a person who has been ordered by the court to install an interlock device in a vehicle he owns, leases or regularly operates.
c. The provisions of subsection b. of this section shall not apply if a motor vehicle required to be equipped with an ignition interlock device is started by a person for the purpose of safety or mechanical repair of the device or the vehicle, provided the person subject to the court order does not operate the vehicle.
(cf: P.L.2009, c.201, s.3)
6. (New section) a. Upon suspending the driver’s license of any person convicted of a violation of R.S.39:4-50 or section 2 of P.L.1981, c.512 (C.39:4-50.4a), the court shall determine whether that person is required, due to the violation being a second, third, or subsequent offense, to apply for a restricted use driver’s license pursuant to the provisions of this section and section 7 of P.L. , c. (C. ). If the person is so required, the court shall explain orally and in writing the conditions under which the license shall be obtained, including the requirement that the person install, and maintain installation of, an ignition interlock device in a vehicle owned, leased, or principally operated by the person for the court ordered period as set forth under the provisions of P.L.1999, c.417 (C.39:4-50.16 et al.), as well as the limited driving conditions for which the person may operate that vehicle. The person shall make application to the chief administrator for the restricted use driver’s license.
b. A person who applies for a restricted use driver’s license shall certify in the application:
(1) the vehicle in which the ignition interlock device is installed, as indicated in the court order issued pursuant to section 2 of P.L.1999, c.417 (C.39:4-50.17), and include a copy of the court order with the application;
(2) the person’s place of employment and the hours during which the person is employed, and the manner in which the person is required to operate a motor vehicle as a condition of employment, if applicable;
(3) the hours during which, and the locations between which, it is necessary for the person to personally operate a motor vehicle; and
(4) the person’s understanding of the limited driving conditions, set forth in the court order supplied with the application, for which the person is permitted to operate the motor vehicle in which the ignition interlock device is installed.
c. The chief administrator shall grant the restricted use driver’s license only on the condition that the applicant provides current proof of possession of motor vehicle liability insurance in the amount required by law and for the duration of the requested restricted use driver’s license, which shall be for at least the first year of the ignition interlock device installation period but for not more than the maximum duration of that installation period, as indicated in the court order.
d. Upon receiving the completed application, the chief administrator shall determine whether the person has satisfied all of the necessary criteria to be issued a restricted use driver’s license.
7. (New section) a. The restricted use driver’s license shall be in a form prescribed by the chief administrator and shall be issued in accordance with procedures established by the chief administrator. The license shall be of a color selected by the chief administrator, which readily distinguishes it from other driver’s licenses issued by this State. The chief administrator may impose a fee of not more than $25 for the issuance of a restricted use driver’s license.
b. A restricted use driver’s license issued under this section shall authorize the licensee to operate the motor vehicle indicated in the license application as required by section 6 of P.L. , c. (C. ) (pending before the Legislature as this bill), with an ignition interlock device which has been installed pursuant to P.L.1999, c.417 (C.39:4-50.16 et al.), during certain hours and between certain points solely for the purpose of traveling to and from the licensee’s place of employment or for pursuing employment, and as otherwise permitted as set forth in the court order supplied with the application. Whenever the licensee operates the motor vehicle using the restricted use driver’s license, the licensee shall maintain a copy of the court order setting forth the conditions for which the licensee is permitted to operate the motor vehicle, for presentation upon request by a law enforcement officer or other authority.
c. The chief administrator shall issue a restricted use driver’s placard to each approved licensee. The placard shall be prominently displayed in the rear window, or other location determined by the chief administrator, of the motor vehicle equipped with the ignition interlock device pursuant to P.L.1999, c.417 (C.39:4-50.16 et al.) that corresponds to the motor vehicle indicated in the restricted use driver’s license application as required by section 6 of P.L. , c. (C. ) (pending before the Legislature as this bill), and for which that license is issued. The placard shall be the same color as the restricted use driver’s license.
8. (New section) a. A person shall be guilty of a disorderly persons offense for:
(1) deliberately falsifying an application for a restricted use driver’s license presented to the chief administrator pursuant to section 6 of P.L. , c. (C. ) (pending before the Legislature as this bill), including alteration of the court order supplied with the application;
(2) operating the motor vehicle corresponding to the restricted use driver’s license issued pursuant to section 7 of P.L. , c. (C. ) (pending before the Legislature as this bill) in a manner that is inconsistent with the court order setting forth the conditions under which the license was obtained and to be used;
(3) failing, as required by section 7 of P.L. , c. (C. ) (pending before the Legislature as this bill), to maintain, while operating the motor vehicle, a copy of the court order setting forth the conditions for which the person is permitted to operate the motor vehicle, or failing to keep prominently displayed the restricted use driver’s placard on the motor vehicle for which the restricted use license is issued; or
(4) operating any motor vehicle other than the motor vehicle for which the restricted use driver’s license is issued.
b. In addition to any other applicable penalty by law concerning a violation set forth in subsection a. of this section, the court shall immediately suspend the person’s restricted use driver’s license and order the forfeiture of the person’s right to operate a motor vehicle over the highways of this State for a period that is the equivalent of the period of forfeiture imposed upon a person under R.S.39:4-50 who does not own or lease a motor vehicle and there is no vehicle the person principally operates, except that the applicable period applied by the court shall be the period for a third or subsequent offense imposed under R.S.39:4-50.
9. This act shall take effect on the first day of the fourth month after enactment and shall apply to any offense occurring on or after that date, and additionally the Chief Administrator of the Motor Vehicle Commission may take any anticipatory administrative action in advance of that date as shall be necessary to implement the provisions of this act.
STATEMENT
This bill revises penalties for various drunk driving offenses. These revisions include mandating the installation of an ignition interlock device in the motor vehicle owned, leased, or principally operated by the offender and the operation of such vehicle under a restricted use driver’s license, or alternatively, mandating the offender’s forfeiture of the right to operate a motor vehicle if the offender instead does not own or lease a motor vehicle and there is no vehicle the offender principally operates.
Whenever a person commits the offense of driving under the influence (R.S.39:50-4) or refusing to submit to a breath test (section 2 of P.L.1966, c.142 (C.39:4-50.2)), the person would be required to install an ignition interlock device. A court would first order the suspension of the person’s driver’s license for a period of 10 days, during which period the person would have to install the device, unless the person presented to the court at the time of sentencing satisfactory proof that a device is already installed, and additionally, for a second or subsequent offense, the person during this same 10-day period would be required to obtain a restricted use driver’s license with various court ordered driving restrictions, issued by the Chief Administrator of the Motor Vehicle Commission in order to operate the affected motor vehicle; if the person did not own or lease a motor vehicle and there was no vehicle the person principally operated, the court would instead order the person to forfeit his right to operate a motor vehicle over the highways of this State.
For a first offender whose blood alcohol concentration is 0.08% or higher but less than 0.10%, the device would remain installed for a period of not less than three months or more than six months, commencing immediately upon the restoration of the offender’s driver’s license after the 10-day period of license suspension or as indicated on the court order if no suspension occurs due to the prior installation of the device with satisfactory proof of installation to the court. For a first offender whose blood alcohol concentration is 0.10% or higher, or for refusing to submit to a breath test, the device would remain installed for a period of not less than seven months or more than one year, again commencing immediately upon the restoration of the offender’s driver’s license after the 10-day period of license suspension or as indicated on the court order if no suspension occurs due to the prior installation of the device with satisfactory proof of installation to the court. For a first offender who does not own or lease a motor vehicle, or if there is no motor vehicle the offender principally operates, the court would instead order forfeiture of the offender’s right to operate a motor vehicle, with the period of forfeiture being the same as the period for which the ignition interlock device would have been installed (not less than three months or more than six months; or not less than seven months or more than one year, if a higher blood alcohol concentration).
For a second offender, regardless of the level of blood alcohol concentration, or for refusing to submit to a breath test, the device would remain installed for a period of not less than two years or more than four years, and the offender would be required to obtain a restricted use driver’s license, which the offender would use to operate the affected motor vehicle for at least the first year of the ignition interlock installation period but for not more than the maximum duration of that period, as ordered by the court. The restricted use license would limit the offender to driving for the purpose of traveling to and from the offender’s place of employment or for pursuing employment, and as otherwise permitted as set forth in the court order. For a second offender who does not own or lease a motor vehicle, or if there is no motor vehicle the offender principally operates, the period of forfeiture of the right to operate a motor vehicle on the second offense would be the same as the period for which the ignition interlock device would have been installed (not less than two years or more than four years).
For a third and subsequent offender, regardless of the level of blood alcohol concentration, or for refusing to submit to a breath test, the device would remain installed for a period of not less than 10 years or more than 20 years, and the offender would be required to obtain a restricted use driver’s license, which the offender would use to operate the affected motor vehicle for at least the first year of the ignition interlock installation period but for not more than the maximum duration of that period, as ordered by the court. The restricted use license would limit the offender to driving for the purpose of traveling to and from the offender’s place of employment or for pursuing employment, and as otherwise permitted as set forth in the court order. For a third or subsequent offender who does not own or lease a motor vehicle, or if there is no motor vehicle the offender principally operates, the period of forfeiture of the right to operate a motor vehicle on the third or subsequent offense would be the same as the period for which the ignition interlock device would have been installed (not less than 10 years or more than 20 years).
If the driving privilege of a person was already under revocation or suspension for a violation of Title 2C, New Jersey Code of Criminal Justice, or Title 39, Motor Vehicles and Traffic Regulations, at the time of a conviction for a drunk driving offense, the above described 10-day period of license suspension and requirement to install an ignition interlock device would commence immediately, and the device would thereafter remain installed after the date of termination of that existing revocation or suspension for the specified installation period associated with a first, second, third, or subsequent offense; but the requirement to obtain a restricted use driver’s license, if applicable, would commence as of the date of termination of the existing revocation or suspension period. In the case of any person who at the time of imposition of a sentence for driving under the influence is less than 17 years of age, the 10-day period of license suspension and requirement to install the device would likewise commence immediately, run through the offender’s 17th birthday, and continue from that date for the specified installation period associated with a first, second, third, or subsequent offense; but the requirement to obtain a restricted use driver’s license, if applicable, would commence as of the date of termination of the existing forfeiture, suspension, or revocation period.
With respect to all cases for which a person has been ordered to install an ignition interlock device, the court would notify the Chief Administrator of the Motor Vehicle Commission. The commission would thereafter require that the device be installed before issuance of a restricted use driver’s license or the reinstatement of the person’s driver’s license. The commission would imprint a notation on the restricted use driver’s license or reinstated driver’s license stating that the person could not operate a motor vehicle unless it is equipped with an ignition interlock device, and would enter this requirement in the person’s driving record.
As to obtaining a restricted use driver’s license, a person would have to make an application to the chief administrator. The person would have to certify in the application: (1) the vehicle in which the ignition interlock device is installed, as indicated in the court order issued pursuant to section 2 of P.L.1999, c.417 (C.39:4-50.17), and include a copy of the court order with the application; (2)the person’s place of employment and the hours during which the person is employed, and the manner in which the person is required to operate a motor vehicle as a condition of employment, if applicable; (3) the hours during which, and the locations between which, it is necessary for the person to personally operate a motor vehicle; and (4) the person’s understanding of the limited driving conditions, set forth in the court order supplied with the application, for which the person is permitted to operate the motor vehicle in which the ignition interlock device is installed. The chief administrator would issue the restricted use driver’s license upon satisfying all of the above criteria.
The restricted use driver’s license would be in a form prescribed by the chief administrator and be issued in accordance with procedures established by the chief administrator. The license would be of a color selected by the chief administrator, which readily distinguishes it from other driver’s licenses issued by this State. The chief administrator could impose a fee of not more than $25 for the issuance of a restricted use driver’s license. Along with the restricted use driver’s license, the chief administrator would issue a restricted use driver’s placard to each approved licensee. The licensee would be required to prominently display the placard in the rear window, or other location determined by the chief administrator, of the motor vehicle equipped with the ignition interlock device for which the restricted use driver’s license is issued.
A person who fails to install an ignition interlock device as ordered by a court, or who drives a device-equipped vehicle after being started by means other than the person blowing into the device, or who drives an unequipped vehicle, would be guilty of a disorderly person’s offense. A disorderly person’s offense is ordinarily punishable by a term of imprisonment of up to six months, a fine of up to $1,000, or both. Furthermore, the court would suspend the person’s driver’s license for the period of time associated with a person who does not own or lease a motor vehicle and there is no vehicle that person principally operates, except that the applicable period applied by the court would be the period for a second offense (not less than two years or more than four years) if the underlying act was committed by a first offender, and would be the period for a third or subsequent offense (not less than 10 years or more than 20 years) if the underlying act was committed by a second offender.
Additionally, with respect to the restricted use driver’s license, a person would be guilty of a disorderly persons offense for: (1) deliberately falsifying an application for a restricted use driver’s license, including alteration of the court order supplied with the application; (2) operating the motor vehicle corresponding to the restricted use driver’s license in a manner that is inconsistent with the court order setting forth the conditions under which the license was obtained and to be used; (3) failing to maintain, while operating the motor vehicle, a copy of the court order, for presentation upon request by a law enforcement officer or other authority, setting forth the conditions for which the person is permitted to operate the motor vehicle, or failing to keep prominently displayed the restricted use driver’s placard on the motor vehicle for which the restricted use license is issued; or (4) operating any motor vehicle other than the motor vehicle for which the restricted use driver’s license is issued. In addition to other available penalties under the law, the court would immediately suspend the person’s restricted use driver’s license and order the forfeiture of the person’s right to operate a motor vehicle over the highways of this State for a period that is the equivalent of the period of forfeiture imposed upon a person for driving under the influence (R.S.39:4-50) who does not own or lease a motor vehicle and there is no vehicle the person principally operates, except that the applicable period applied by the court would be the period for a third or subsequent offense (not less than 10 years or more than 20 years).
The bill also addresses periods of incarceration and community service requirements for persons who commit multiple offenses generally (but not those more serious offenses that occur on school property or involve driving through a school crossing (detailed in subsection (g) of R.S.39:4-50)). Under the bill, a person with a second drunk driving related offense would be sentenced to imprisonment for a term of not more than 90 days, except that the court could lower this term for each day served participating in a drug or alcohol inpatient rehabilitation program approved by the Intoxicated Driver Resource Center. Similarly, while a person with a third or subsequent drunk driving offense would be sentenced to imprisonment, the court could also lower this term for each day served participating in an approved drug or alcohol inpatient rehabilitation program. In both instances, there would be no cap on the potential number of days reduced from the term of imprisonment. As to community service requirements, the bill would establish that a person with a third or subsequent drunk driving offense be required to perform community service for a period of not less than 60 days, which would be in the form and on the terms as the court shall deem appropriate under the circumstances; this exceeds the current requirement placed upon a person with a second offense, which is the performance of community service for a period of 30 days.