Increases penalty for reckless vehicular homicide committed when driving while intoxicated under certain circumstances.

A4097

ASSEMBLY, No. 4097

STATE OF NEW JERSEY

222nd LEGISLATURE

�

INTRODUCED FEBRUARY 19, 2026

Sponsored by:

Assemblyman� WAYNE P. DEANGELO

District 14 (Mercer and Middlesex)

Assemblywoman� ANNETTE QUIJANO

District 20 (Union)

Co-Sponsored by:

Assemblyman Angelozzi

SYNOPSIS

���� Increases penalty for reckless vehicular homicide
committed when driving while intoxicated under certain circumstances.

CURRENT VERSION OF TEXT

���� As introduced.

��

An Act

concerning reckless vehicular homicide, and
amending N.J.S.2C:11-5.

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

���� 1. N.J.S.2C:11-5 is amended to
read as follows:

���� 2C:11-5.���� Death by auto or
vessel.

���� a.���� Criminal homicide
constitutes reckless vehicular homicide when it is caused by driving a vehicle
or vessel recklessly.

���� Proof that the defendant fell
asleep while driving or was driving after having been without sleep for a
period in excess of 24 consecutive hours may give rise to an inference that the
defendant was driving recklessly.� Proof that the defendant was driving while
intoxicated in violation of R.S.39:4-50 or was operating a vessel under the
influence of alcohol or drugs in violation of section 3 of P.L.1952, c.157
(C.12:7-46) shall give rise to an inference that the defendant was driving
recklessly.� Proof that the defendant was operating a hand-held wireless
telephone while driving a motor vehicle in violation of section 1 of P.L.2003,
c.310 (C.39:4-97.3) may give rise to an inference that the defendant was
driving recklessly.� Proof that the defendant failed to maintain a lane in
violation of R.S.39:4-88 may give rise to an inference that the defendant was
driving recklessly.� Nothing in this section shall be construed to in any way
limit the conduct or conditions that may be found to constitute driving a vehicle
or vessel recklessly.

���� b.��� Except as provided in
paragraphs (3) and (5) of this subsection, reckless vehicular homicide is a
crime of the second degree.

���� (1)�� If the defendant was
operating the auto or vessel while under the influence of any intoxicating
liquor, narcotic, hallucinogenic or habit-producing drug, or with a blood
alcohol concentration at or above the prohibited level as prescribed in
R.S.39:4-50, or if the defendant was operating the auto or vessel while his
driver�s license or reciprocity privilege was suspended or revoked for any
violation of R.S.39:4-50, section 2 of P.L.1981, c.512 (C.39:4-50.4a), by the
Chief Administrator of the New Jersey Motor Vehicle Commission pursuant to
P.L.1982, c.85 (C.39:5-30a et seq.), or by the court for a violation of
R.S.39:4-96, the defendant shall be sentenced to a term of imprisonment by the
court.� The term of imprisonment shall include the imposition of a minimum
term.� The minimum term shall be fixed at, or between, one-third and one-half
of the sentence imposed by the court or three years, whichever is greater,
during which the defendant shall be ineligible for parole.

���� (2)�� The court shall not
impose a mandatory sentence pursuant to paragraph (1) of this subsection unless
the grounds therefor have been established at a hearing.� At the hearing, which
may occur at the time of sentencing, the prosecutor shall establish by a preponderance
of the evidence that the defendant was operating the auto or vessel while under
the influence of any intoxicating liquor, narcotic, hallucinogenic or
habit-producing drug, or with a blood alcohol concentration at or above the
level prescribed in R.S.39:4-50 or that the defendant was operating the auto or
vessel while his driver�s license or reciprocity privilege was suspended or
revoked for any violation of R.S.39:4-50, section 2 of P.L.1981, c.512
(C.39:4-50.4a), by the Chief Administrator of the New Jersey Motor Vehicle
Commission pursuant to P.L.1982, c.85 (C.39:5-30a et seq.), or by the court for
a violation of R.S.39:4-96.� In making its findings, the court shall take
judicial notice of any evidence, testimony or information adduced at the trial,
plea hearing, or other court proceedings and shall also consider the
presentence report and any other relevant information.

���� (3)�� Reckless vehicular
homicide is a crime of the first degree if the defendant was operating the auto
or vessel while in violation of R.S.39:4-50 or section 2 of P.L.1981, c.512
(C.39:4-50.4a) while:

���� (a)�� 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;

���� (b)�� 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
]

���� (c)�� 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
; or

����
(d) driving through an area
of highway construction or repair or safe corridor, as those terms are defined
in section 1 of P.L.1993, c.332 (C.39:4-203.5)
.

���� 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 subparagraph
(a) of this paragraph.

���� It shall be no defense to a
prosecution for a violation of subparagraph (a)
,

[
or
]
(b)
, or
(d)
of this paragraph 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
; or while driving through an area of highway
construction or repair or a safe corridor
.� Nor shall it be a defense to a
prosecution under subparagraph (a) or (b) of this paragraph 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.

���� (4)�� If the defendant was
operating the auto or vessel in violation of R.S.39:4-50 or section 2 of
P.L.1981, c.512 (C.39:4-50.4a), the defendant�s license to operate a motor
vehicle shall be suspended for a period of between five years and life, which
period shall commence upon completion of any prison sentence imposed upon that
person.

���� (5)�� Reckless Vehicular
homicide is a crime of the third degree if the defendant proves by a
preponderance of the evidence that the defendant did not commit any conduct
constituting driving a vehicle or vessel recklessly other than failing to
maintain a lane in violation of R.S.39:4-88.

���� c.���� For good cause shown,
the court may, in accepting a plea of guilty under this section, order that
such plea not be evidential in any civil proceeding.

���� d.��� Nothing herein shall be
deemed to preclude, if the evidence so warrants, an indictment and conviction
for aggravated manslaughter under the provisions of subsection a. of
N.J.S.2C:11-4.

���� As used in this section, �auto
or vessel� means all means of conveyance propelled otherwise than by muscular
power.

���� e.���� Any person who violates
paragraph (3) of subsection b. of this section shall forfeit the auto or vessel
used in the commission of the offense, unless the defendant can establish at a
hearing, which may occur at the time of sentencing, by a preponderance of the
evidence that such forfeiture would constitute a serious hardship to the family
of the defendant that outweighs the need to deter such conduct by the defendant
and others.� In making its findings, the court shall take judicial notice of
any evidence, testimony, or information adduced at the trial, plea hearing, or
other court proceedings and shall also consider the presentence report and any
other relevant information.� Forfeiture pursuant to this subsection shall be in
addition to, and not in lieu of, civil forfeiture pursuant to chapter 64 of
this Title.

(cf: P.L.2017, c.372, s.1)

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

STATEMENT

���� This bill increases the
penalty for reckless vehicular homicide where the driver is intoxicated and the
incident occurs within a highway construction zone or a designated safe
corridor.

���� Under current law, reckless
vehicular homicide is ordinarily a crime of the second degree, which can be
downgraded to a crime of the third degree if the driver proves that he or she
was not driving recklessly except for failing to maintain a lane.� However,
reckless vehicular homicide is upgraded to a crime of the first degree if the
incident occurs in a school crossing or within 1,000 feet of school property,
and where the driver was driving while intoxicated or refuses to submit to a
sobriety test.

���� Under the bill, reckless
vehicular homicide will also be upgraded to a crime of the first degree if the
incident occurs within an identified �area of highway construction or repair�
or a designated �safe corridor,� and where the driver was driving while intoxicated
or refuses to submit to a sobriety test.

���� N.J.S.A.39:4-203.5 defines an
�area of highway construction or repair� as that segment of any highway which
is identified by properly posted traffic control devices or signs as undergoing
construction, reconstruction, repair, or maintenance operation, between the
first traffic control device or sign informing motor vehicle operators of their
approaching highway construction or repair and the last traffic control device
or sign indicating all restrictions are removed and normal motor vehicle
operations may resume.� Additionally, under N.J.S.A.39:4-203.5, a �safe
corridor� is defined as a segment of highway under the jurisdiction of the
Department of Transportation which, based upon accident rates, fatalities,
traffic volume, and other highway traffic safety criteria, is identified by the
Commissioner of Transportation as a segment warranting designation as a �safe
corridor.�

���� A crime of the first degree is
punishable by a term of imprisonment of 10 to 20 years, a fine of up to
$200,000, or both.� A crime of the second degree is punishable by five to 10
years� imprisonment, a fine of up to $150,000, or both.� A crime of the third
degree is punishable by three to five years� imprisonment, a fine of up to
$15,000, or both.�