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A1004
ASSEMBLY, No. 1004
STATE OF NEW JERSEY
222nd LEGISLATURE
�
PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION
Sponsored by:
Assemblywoman CAROL A. MURPHY
District 7 (Burlington)
SYNOPSIS
���� Imposes additional curriculum for Intoxicated Driving
Program; requires participation by offenders convicted of, or initially charged
with DWI.
CURRENT VERSION OF TEXT
���� Introduced Pending Technical Review by Legislative
Counsel.
��
An Act
concerning the Intoxicating Driving Program and
amending
R.S.39:4-50, R.S.39:4-96, R.S.39:4-97 and P.L.2000, c.75.
����
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) 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 percent 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 the person owns or which is in the person's custody or
control or permits another to operate a motor vehicle with a blood alcohol
concentration of 0.08 percent 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 percent or higher but less than 0.10 percent, 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
percent or higher but less than 0.10 percent 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. In addition, the court shall order the
person to forfeit the right to operate a motor vehicle over the highways of
this State until the person installs an ignition interlock device in one motor
vehicle the person owns, leases, or principally operates, whichever the person
most often operates, for the purpose of complying with the provisions of
P.L.1999, c.417 (C.39:4-50.16 et al.). A person who has been arrested for a
violation of this section whose blood alcohol concentration was at least 0.08
percent but less than 0.10 percent or who was otherwise under the influence of
intoxicating liquor may, upon arrest and prior to any conviction, voluntarily
install an ignition interlock device in one motor vehicle the person owns,
leases, or principally operates, whichever the person most often operates, and
request from the New Jersey Motor Vehicle Commission a driver's license with a
notation stating that the person shall not operate a motor vehicle unless it is
equipped with an ignition interlock device pursuant to subsection b. of section
3 of P.L.1999, c.417 (C.39:4-50.18).� The request shall include a copy of the
interlock installer's certification and documentation of pending charges as
determined by the Chief Administrator of the Motor Vehicle Commission to be
submitted no later than seven days after receipt of the documentation. A person
who installs an ignition interlock device and obtains a driver's license with
the appropriate notation pursuant to this subparagraph shall not be subject to
a fine pursuant to this subparagraph if the person possessed a valid New Jersey
driver's license in good standing at the time of the offense and maintained a
license in good standing until the date of conviction;
���� (ii)� if the person's blood
alcohol concentration is 0.10 percent or higher, or the person operates a motor
vehicle while under the influence of a narcotic, hallucinogenic or
habit-producing drug, or the person permits another person who is under the
influence of a 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 percent 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.� A person who has been
arrested for a violation of this section whose blood alcohol concentration was
0.10 percent or higher may, upon arrest and prior to any conviction,
voluntarily install an ignition interlock device in one motor vehicle the
person owns, leases, or principally operates, whichever the person most often
operates, and request from the Motor Vehicle Commission a driver's license with
a notation stating that the person shall not operate a motor vehicle unless it
is equipped with an ignition interlock device pursuant to subsection b. of
section 3 of P.L.1999, c.417 (C.39:4-50.18).� The request shall include a copy
of the interlock installer's certification and documentation of pending charges
as determined by the Chief Administrator of the New Jersey Motor Vehicle
Commission to be submitted no later than seven days after receipt of the
documentation.� A person who installs an ignition interlock device and obtains
a driver's license with the appropriate notation pursuant to this subparagraph
shall not be subject to a fine pursuant to this subparagraph if the person
possessed a valid New Jersey driver's license in good standing at the time of
the offense and maintained a license in good standing until the date of
conviction;
���� in the case of a person who is
convicted of operating a motor vehicle while under the influence of a narcotic,
hallucinogenic or habit-producing drug or permitting another person who is
under the influence of a narcotic, hallucinogenic or habit-producing drug to
operate a motor vehicle owned by the person or under the person's custody or
control, the person shall forfeit the 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;
���� in the case of a person whose
blood alcohol concentration is 0.10 percent or higher but less than 0.15
percent, the person shall forfeit the right to operate a motor vehicle over the
highways of this State until the person installs an ignition interlock device
in one motor vehicle the person owns, leases, or principally operates,
whichever the person most often operates, for the purpose of complying with the
provisions of P.L.1999, c.417 (C.39:4-50.16 et al.);
���� in the case of a person whose
blood alcohol concentration is 0.15 percent or higher, the person shall forfeit
the right to operate a motor vehicle over the highways of this State for a
period of three months following installation of an ignition interlock device
in one motor vehicle the person owns, leases, or principally operates,
whichever the person most often operates, for the purpose of complying with the
provisions of P.L.1999, c.417 (C.39:4-50.16 et al.).� A person who has been
arrested for a violation of this section whose blood alcohol concentration was
0.15 percent or higher may, upon arrest and prior to any conviction,
voluntarily install an ignition interlock device in one motor vehicle the
person owns, leases, or principally operates, whichever the person most often
operates, and request from the Motor Vehicle Commission a driver's license with
a notation stating that the person shall not operate a motor vehicle unless it
is equipped with an ignition interlock device pursuant to subsection b. of section
3 of P.L.1999, c.417 (C.39:4-50.18).� The request shall include a copy of the
interlock installer's certification and documentation of pending charges as
determined by the Chief Administrator of the New Jersey Motor Vehicle
Commission to be submitted no later than seven days after receipt of the
documentation.� A person who installs an ignition interlock device and obtains
a driver's license with the appropriate notation pursuant to this subparagraph
shall receive a one-day credit against the period that the person is required
to forfeit the right to operate a motor vehicle over the highways of this State
pursuant to this subparagraph for every two days that the person has an
ignition interlock device installed and a driver's license with the appropriate
notation and shall not be subject to a fine pursuant to this subparagraph if
the person possessed a valid New Jersey driver's license in good standing at
the time of the offense and maintained a license in good standing until the
date of conviction.� A person shall not be entitled to a credit against the
period that the person is required to forfeit the right to operate a motor
vehicle over the highways of this State pursuant to this subparagraph if the
violation of this section resulted in serious bodily injury as defined in
N.J.S.2C:11-1 to another person;
���� (iii) (Deleted by amendment,
P.L.2019, c.248)
���� (2) For a second violation, a
person shall be subject to a fine of not less than $500 nor more than $1,000,
and shall be ordered by the court to perform community service for a period of
30 days, which shall be of such form and on terms 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, or more than 90 days, and shall forfeit the right to
operate a motor vehicle over the highways of this State for a period of not
less than one year or more than two years upon conviction.� A person who has
been arrested for a second violation of this section may, upon arrest and prior
to any conviction, voluntarily install an ignition interlock device in one
motor vehicle the person owns, leases, or principally operates, whichever the
person most often operates, and request from the Motor Vehicle Commission a
driver's license with a notation stating that the person shall not operate a
motor vehicle unless it is equipped with an ignition interlock device pursuant
to subsection b. of section 3 of P.L.1999, c.417 (C.39:4-50.18).� The request
shall include a copy of the interlock installer's certification and
documentation of pending charges as determined by the Chief Administrator of
the New Jersey Motor Vehicle Commission to be submitted no later than seven
days after receipt of the documentation.� A person who installs an ignition
interlock device and obtains a driver's license with the appropriate notation
pursuant to this paragraph shall receive a one-day credit against the period
that the person is required to forfeit the right to operate a motor vehicle
over the highways of this State pursuant to this paragraph for every two days
that the person has an ignition interlock device installed and a driver's
license with the appropriate notation and shall not be subject to a fine
pursuant to this paragraph if the person possessed a valid New Jersey driver's
license in good standing at the time of the offense and maintained a license in
good standing until the date of conviction.� A person shall not be entitled to
a credit against the period that the person is required to forfeit the right to
operate a motor vehicle over the highways of this State pursuant to this
paragraph if the violation of this section resulted in serious bodily injury as
defined in N.J.S.2C:11-1 to another person.
���� After the expiration of the
license forfeiture period, the person 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 install an ignition
interlock device under the provisions of P.L.1999, c.417 (C.39:4-50.16 et al.).
���� (3) For a third or subsequent
violation, a person shall be subject to a fine of $1,000, 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 term for each day, not
exceeding 90 days, served participating in a substance use disorder inpatient
rehabilitation program approved by the Intoxicated Driver Resource Center and
shall thereafter forfeit the right to operate a motor vehicle over the highways
of this State for eight years.� A person who has been arrested for a third or
subsequent violation of this section may, upon arrest and prior to any
conviction, voluntarily install an ignition interlock device in one motor
vehicle the person owns, leases, or principally operates, whichever the person
most often operates, and request from the Motor Vehicle Commission a driver's
license with a notation stating that the person shall not operate a motor
vehicle unless it is equipped with an ignition interlock device pursuant to subsection
b. of section 3 of P.L.1999, c.417 (C.39:4-50.18).� The request shall include a
copy of the interlock installer's certification and documentation of pending
charges as determined by the Chief Administrator of the New Jersey Motor
Vehicle Commission to be submitted no later than seven days after receipt of
the documentation.� A person who installs an ignition interlock device and
obtains a driver's license with the appropriate notation pursuant to this
paragraph shall receive a one-day credit against the period that the person is
required to forfeit the right to operate a motor vehicle over the highways of
this State pursuant to this paragraph for every two days that the person has an
ignition interlock device installed and a driver's license with the appropriate
notation and shall not be subject to a fine pursuant to this paragraph if the
person possessed a valid New Jersey driver's license in good standing at the
time of the offense and maintained a license in good standing until the date of
conviction.� A person shall not be entitled to a credit against the period that
the person is required to forfeit the right to operate a motor vehicle over the
highways of this State pursuant to this paragraph if the violation of this
section resulted in serious bodily injury as defined in N.J.S.2C:11-1 to
another person.
���� For a third or subsequent
violation, a person also shall be required to install an ignition interlock
device under the provisions of P.L.1999, c.417 (C.39:4-50.16 et al.).
���� Notwithstanding any judicial
directive to the contrary, upon recommendation by the prosecutor, a plea
agreement under this section is authorized under the appropriate factual basis
consistent with any other violation of Title 39 of the Revised Statutes or
offense under Title 2C of the New Jersey Statutes; provided, however, that if a
person is convicted of operating a motor vehicle while under the influence of a
narcotic, hallucinogenic, or habit-producing drug or permitting another person
who is under the influence of a narcotic, hallucinogenic, or habit-producing
drug to operate a motor vehicle owned by the person or under the person's
custody or control pursuant to the provisions of R.S.39:4-50 or a person is
convicted of operating a commercial motor vehicle under the influence of a
controlled substance pursuant to section 5 of P.L.1990, c.103 (C.39:3-10.13),
the person shall forfeit the right to operate a motor vehicle over the highways
of this State for a period of not less than six months.
���� 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, phencyclidine, 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 percent.
���� 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 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 under this section
shall commence immediately, run through the offender's 17th birthday and
continue from that date for the period set by the court pursuant to paragraphs
(1) through (3) of this subsection.� 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 in the Division of Mental Health and Addiction
Services in the Department of 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) of this section.
���� 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 the person in order
to render the person 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 Mental Health and Addiction Services'
Intoxicated Driving Program, and of the Intoxicated Driver Resource Centers and
a program of substance use disorder 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 Mental Health and
Addiction Services' Intoxicated Driving Program a copy of a person's conviction
record.� A fee of $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.
���� (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 the person is convicted of personally operating a
motor vehicle during the period of license suspension imposed pursuant to
subsection (a) of this section, the person 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, 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 Mental Health and Addiction Services and the
commission, but subject to the approval of the Division of Mental Health and
Addiction Services, 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 Addiction Professionals
Certification Board of New Jersey or other professional with a minimum of five
years' experience in the treatment of alcohol use disorder.� 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 substance use disorder 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 Mental Health and Addiction Services.�
���� 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. Upon attendance at an Intoxicated Driver Resource Center, a person
shall be required to pay a per diem fee of $75 for the first offender program
or a per diem fee of $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 Human Services
in consultation with the Governor's Council on Substance Use Disorder 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 substance use disorder education and highway safety, as prescribed
by the chief administrator.�
The program shall include a qualified online
victim impact panel course.�
����
(1) For the purpose of this
section, a �qualified online victim impact panel� is a course that meets the
following requirements:
����
(i) is accessible 24 hours
per day;
����
(ii) is offered in English
and Spanish, or any other language deemed appropriate by the chief
administrator;
����
(iii) provides all direct
client support necessary for program completion;
����
(iv) includes a
non-judgmental presentation of a minimum of eight victims and offenders
regarding the impact upon their lives of alcohol, drugs, and driving under the
influence of those substances;
����
(v) requires a minimum of
three and a half hours to complete;
����
(vi) provides a system for
testing the participant�s attention and comprehension multiple times during the
program;
����
(vii) provides for
communication with participants six months after completing the program, to
reinforce the lessons of the program and encourage participants to live more
responsibly; and
����
(viii) issues a certificate
of completion to the participant upon satisfactory fulfillment of all
attendance, fee payment, and program participation requirements.�
���� The Commissioner of 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) (Deleted by amendment,
P.L.2019, c.248)
���� (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 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
persons with advanced substance use disorder, to observe persons in the
advanced stages of substance use disorder; 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 $125, of which amount $50 shall be payable to the municipality in which the
conviction was obtained, $50 shall be payable to the Treasurer of the State of
New Jersey for deposit into the General Fund, and $25 which shall be payable as
follows: in a matter where the summons was issued by a municipality's law
enforcement agency, to that municipality to be used for the cost of equipping
police vehicles with mobile video recording systems pursuant to the provisions
of section 1 of P.L.2014, c.54 (C.40A:14-118.1); in a matter where the summons
was issued by a county's law enforcement agency, to that county; and in a
matter where the summons was issued by a State law enforcement agency, to the
General Fund.
(cf: P.L.2023, c.191, s.2)
���� 2.��� R.S.39:4-96 is amended
to read as follows:
���� 39:4-96.� A person who drives
a vehicle heedlessly, in willful or wanton disregard of the rights or safety of
others, in a manner so as to endanger, or be likely to endanger, a person or
property, shall be guilty of reckless driving and be punished by imprisonment
in the county or municipal jail for a period of not more than 60 days, or by a
fine of not less than $50.00 or more than $200.00, or both.�
���� �On a second or subsequent
conviction he shall be punished by imprisonment for not more than three months,
or by a fine of not less than $100 or more than $500, or both.�
����
Any person who pleads
guilty to an offense under this section who was originally charged with an
offense under R.S.39:4-50 shall be required to complete a qualified online
victim impact panel course, pursuant to R.S.39:4-50.�
(cf: P.L.1995, c.70, s.2)
���� 3.��� R.S.39:4-97 is amended
to read as follows:
���� 39:4-97.� A person who drives
a vehicle carelessly, or without due caution and circumspection, in a manner so
as to endanger, or be likely to endanger, a person or property, shall be guilty
of careless driving.�
����
Any person who pleads
guilty to an offense under this section who was originally charged with an
offense under R.S.39:4-50 shall
be required to complete a
qualified online victim impact panel course pursuant to R.S.39:4-50.
�
(cf: P.L.1995, c.70, s.3)
���� 4.��� Section 1 of P.L.2000,
c.75 (C.39:4-97.2) is amended to read as follows:
���� 1. a. Notwithstanding any
other provision of law to the contrary, it shall be unlawful for any person to
drive or operate a motor vehicle in an unsafe manner likely to endanger a
person or property.
���� b.��� A person convicted of a
first offense under subsection a. of this section shall be subject to a fine of
not less than $50.00 or more than $150.00 and shall not be assessed any motor
vehicle penalty points pursuant to section 1 of P.L.1982, c.43 (C.39:5-30.5).
���� c.��� A person convicted of a
second offense under subsection a. of this section shall be subject to a fine
of not less than $100.00 or more than $250.00 and shall not be assessed any
motor vehicle penalty points pursuant to section 1 of P.L.1982, c.43 (C.39:5-30.5).
���� d.��� A person convicted of a
third or subsequent offense under subsection a. of this section shall be
subject to a fine of not less than $200.00 or more than $500.00 and shall be
assessed motor vehicle penalty points pursuant to section 1 of P.L.1982, c.43
(C.39:5-30.5).
���� e.��� An offense committed
under this section that occurs more than five years after the prior offense
shall not be considered a subsequent offense for the purpose of assessing motor
vehicle penalty points under subsection d. of this section.
���� f.���� In addition to any
fine, fee or other charge imposed pursuant to law, the court shall assess a
person convicted of an offense under subsection a. of this section a surcharge
of $250 which shall be collected by the court and distributed to the Division
of Revenue in the Department of the Treasury as a New Jersey Merit Rating Plan
surcharge pursuant to subparagraph (a) of paragraph (2) of subsection b. of
section 6 of P.L.1983, c.65 (C.17:29A-35).� The surcharge shall be assessed for
offenses occurring on or after July 24, 2000 but before the first day of the
first month next following the date the written notification required pursuant
to subsection b. of section 2 of P.L.2019, c.301 (C.52:9S-3.1) is transmitted
to the State Treasurer and the Chief Administrator of the Motor Vehicle
Commission.� The commission shall have no legal authority to collect any
surcharge, together with any interest and administrative fees, that have been
assessed but remain unpaid, or that may be levied and required to be paid, on or
after that date.
����
Any person who pleads
guilty to an offense under this section who was originally charged with an
offense under R.S.39:4-50 shall be required to complete a qualified online
victim impact panel course pursuant to R.S.39:4-50.
�
(cf: P.L.2019, c.301, s.5)
���� 5.��� This act shall take
effect on the first day of the fourth month after enactment, except that the
Chief Administrator of the Motor Vehicle Commission and the Commissioner of the
Division of Alcohol and Addiction Services in the Department of Human Services
may take any anticipatory administrative action required for the implementation
of this act.�
STATEMENT
���� This bill requires a person
convicted of intoxicated driving and certain moving violations to complete an
online course on the impact of driving while under the influence of alcohol and
drugs (DWI).
���� The bill requires a person
convicted of DWI (R.S.39:4-50), or a person convicted of reckless driving
(R.S.39:4-96), careless driving (R.S.39:4-97), or unsafe driving (C.39:4-97.2)
who initially was charged with DWI, to complete an online course featuring
testimony of persons impacted by inebriated drivers.� The bill adds the
requirement to the Intoxicated Driving Program currently conducted by the
Division of Mental Health and Addiction Services in the Department of Human
Services and prescribed by the Chief Administrator of the Motor Vehicle
Commission.
���� The online course, in the bill
as a �Qualified online victim impact panel,� is defined as any program that
meets all of the following requirements:
�
is accessible 24 hours per day;
�
(ii)
is offered in English and Spanish or any other language deemed appropriate by
the Chief Administrator;
�
(iii)
provides all direct client support necessary for program completion;
�
(iv)
includes a non-judgmental presentation by a minimum eight victims and offenders
regarding the impact upon their lives of alcohol, drugs, and driving under the
influence of those substances;
�
(v)
requires a minimum of three and a half hours to complete;
�
(vi)
provides a system for testing the participant�s attention and comprehension
multiple times during the program;
�
(vii)
provides for communication with participants six months after completing the
program to reinforce the lessons of the program and encourage participants to
live more responsibly; and
�
(viii) issues a certificate of completion to the participant upon
satisfactory fulfillment of attendance, fee payment, and program participation
requirements.
���� Currently, a person guilty of
DWI, is subject to fines, a period of detainment between 12 and 48 hours spent
completing a program of education at the Intoxicated Driver Resource Center,
and the possible forfeiture of the right to operate a motor vehicle for a
period of time, with or without an ignition interlock system installed.� A
court may also order a violator of this statute to participate in supervised
visitation program at a facility such as a trauma center to observe victims of
drunk drivers, a care center for persons in advanced stages of substance use
disorder to observe the patients, or a morgue to observe victims of vehicle
accidents involving drunk drivers.� However, this requirement is at the court�s
discretion, and prioritized for drivers who were under the age of 21 at the
time of the offense.