Reduces time period during which certain prior offenses may be considered for sentencing purposes; permits first offenses to be removed from driving record in certain circumstances.

A2090

ASSEMBLY, No. 2090

STATE OF NEW JERSEY

222nd LEGISLATURE

�

PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION

Sponsored by:

Assemblywoman LINDA S. CARTER

District 22 (Somerset and Union)

Assemblywoman VERLINA REYNOLDS-JACKSON

District 15 (Hunterdon and Mercer)

Co-Sponsored by:

Assemblyman Sampson

SYNOPSIS

���� Reduces time period during which certain prior
offenses may be considered for sentencing purposes; permits first offenses to
be removed from driving record in certain circumstances.

CURRENT VERSION OF TEXT

���� Introduced Pending Technical Review by Legislative
Counsel.

��

An Act

concerning driving while using a wireless
telephone or other electronic communication device and amending P.L.2003,
c.310.

����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:

���� 1. Section 1 of P.L.2003,
c.310 (C.39:4-97.3) is amended to read as follows:

���� 1.��� a. The use of a wireless
telephone or electronic communication device by an operator of a moving motor
vehicle on a public road or highway shall be unlawful except when the telephone
is a hands-free wireless telephone or the electronic communication device is
used hands-free, provided that its placement does not interfere with the
operation of federally required safety equipment and the operator exercises a
high degree of caution in the operation of the motor vehicle.� For the purposes
of this section, an "electronic communication device" shall not
include an amateur radio.

���� Nothing in P.L.2003, c.310
(C.39:4-97.3 et seq.) shall apply to the use of a citizen's band radio or
two-way radio by an operator of a moving commercial motor vehicle or authorized
emergency vehicle on a public road or highway.

���� b.��� The operator of a motor
vehicle may use a hand-held wireless telephone while driving with one hand on
the steering wheel only if:

���� (1)�� The operator has reason
to fear for his life or safety, or believes that a criminal act may be
perpetrated against himself or another person; or

���� (2)�� The operator is using
the telephone to report to appropriate authorities a fire, a traffic accident,
a serious road hazard or medical or hazardous materials emergency, or to report
the operator of another motor vehicle who is driving in a reckless, careless or
otherwise unsafe manner or who appears to be driving under the influence of
alcohol or drugs.� A hand-held wireless telephone user's telephone records or
the testimony or written statements from appropriate authorities receiving such
calls shall be deemed sufficient evidence of the existence of all lawful calls
made under this paragraph.

���� As used in this act:

���� "Citizen's band
radio" means a mobile communication device designed to allow for the
transmission and receipt of radio communications on frequencies allocated for
citizen's band radio service use.

���� "Hands-free wireless
telephone" means a mobile telephone that has an internal feature or
function, or that is equipped with an attachment or addition, whether or not
permanently part of such mobile telephone, by which a user engages in a conversation
without the use of either hand; provided, however, this definition shall not
preclude the use of either hand to activate, deactivate, or initiate a function
of the telephone.

���� "Two-way radio"
means two-way communications equipment that uses VHF frequencies approved by
the Federal Communications Commission.

���� "Use" of a wireless
telephone or electronic communication device shall include, but not be limited
to, talking or listening to another person on the telephone, text messaging, or
sending an electronic message via the wireless telephone or electronic
communication device.

���� c.���� (Deleted by amendment,
P.L.2007, c.198).

���� d.��� A person who violates
this section shall be fined� as follows:

���� (1)�� for a first offense, not
less than $200 or more than $400;

���� (2)�� for a second offense,
not less than $400 or more than $600; and

���� (3)�� for a third or
subsequent offense, not less than $600 or more than $800.

���� For a third or subsequent
violation, the court, in its discretion, may order the person to forfeit the
right to operate a motor vehicle over the highways of this State for a period
of 90 days.� In addition, a person convicted of a third or subsequent violation
shall be assessed three motor vehicle penalty points pursuant to section 1 of
P.L.1982, c.43� (C.39:5-30.5).

���� 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
]

three

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
]

three

years after the second offense, the court shall treat the third conviction as a
second offense for sentencing purposes.
A person who commits a first
violation of this section and satisfactorily completes an approved motor
vehicle defensive driving course pursuant to section 55 of P.L.1990, c.8
(C.17:33B-45) shall have the offense removed from the person�s motor vehicle
record.
�

���� e.���� Except as provided in
subsection d. of this section, no motor vehicle penalty points or automobile
insurance eligibility points pursuant to section 26 of P.L.1990, c.8
(C.17:33B-14) shall be assessed for this offense.

���� f.���� The Chief Administrator
of the New Jersey Motor Vehicle Commission shall develop and undertake a
program to notify and inform the public as to the provisions of this act.�
Notwithstanding the provisions of R.S.39:5-41, the fines assessed pursuant to
subsection d. of this section shall be collected by the court and distributed
as follows: 50 percent of the fine imposed shall be paid to the county and
municipality wherein the violation occurred, to be divided equally, and 50
percent of the fine imposed shall be paid to the State Treasurer, who shall
allocate the fine monies to the chief administrator to be used for this public
education program, which shall include informing motorists of the dangers of
texting while driving.

���� g.��� Whenever this section is
used as an alternative offense in a plea agreement to any other offense in
Title 39 of the Revised Statutes that would result in the assessment of motor
vehicle points, the penalty shall be the same as the penalty for a violation of
section 1 of P.L.2000, c.75 (C.39:4-97.2), including the surcharge imposed
pursuant to subsection f. of that section, and a conviction under this section
shall be considered a conviction under section 1 of P.L.2000, c.75
(C.39:4-97.2) for the purpose of determining subsequent enhanced penalties
under that section.

(cf: P.L.2013, c.70, s.1)

���� 2.��� This act shall take
effect immediately.

STATEMENT

���� This bill amends the penalties
for driving while using a wireless telephone or electronic communication
device.

���� Under current law, it is
unlawful for an operator of a motor vehicle to use a wireless telephone or
electronic communication device on a public road or highway unless the device
is used hands-free. Penalties are tiered for first, second, and third or subsequent
offenses. A person who commits a second offense that occurs more than 10 years
after the first offense will be treated as a first time offender for sentencing
purposes. Similarly, a person who commits a third offense that occurs more than
10 years after the second offense will be treated as a second time offender for
sentencing purposes. This bill amends current law to reduce the time period
during which a prior offense may be considered from 10 to three years for
second and third time offenders.

���� Additionally, the bill
provides that a person who commits a first violation and satisfactorily
completes an approved motor vehicle defensive driving course will have the
offense removed from the person�s motor vehicle record.