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A5135
ASSEMBLY, No. 5135
STATE OF NEW JERSEY
222nd LEGISLATURE
�
INTRODUCED MAY 28, 2026
Sponsored by:
Assemblywoman� TENNILLE R. MCCOY
District 14 (Mercer and Middlesex)
SYNOPSIS
���� Establishes certain protections for drivers and
holders of non-driver identification cards diagnosed with certain disabilities.
CURRENT VERSION OF TEXT
���� As introduced.
��
An Act
concerning protections for drivers and holders of non-driver identification
cards with certain disabilities, 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.��� Section 1 of P.L.2023,
c.57 (C.39:3-10f8) is amended to read as follows:�
���� 1.��� a.� The Chief
Administrator of the New Jersey Motor Vehicle Commission shall allow the holder
of a driver's license or non-driver identification card to indicate that the
person has been diagnosed with
[
an
]
autism
spectrum disorder
[
or
]
, a
communication disorder
, or an acquired brain injury
.
���� b.��� Upon request by any
person who has been diagnosed with
[
an
]
autism
spectrum disorder
[
or
]
, a
communication disorder,
or an acquired brain injury,
or by the parent,
guardian, or caregiver of the person, and upon submission of any documentation
required pursuant to subsection c. of this section, the chief administrator
shall indicate the autism spectrum disorder
[
or
]
,
communication disorder
, or acquired brain injury
diagnosis by notating
such information on the person's driver's license or non-driver identification
card under the column designated for restrictions.�
A holder of a driver�s
license or non-driver identification card who makes a voluntary designation
pursuant to this section shall have the opportunity to remove the designation
at any time.
���� c.���� The chief administrator
shall, in consultation with the Commissioner of Human Services, establish the
documentation required to be produced by a person who has been diagnosed with
[
an
]
autism
spectrum disorder
[
or
]
, a
communication disorder,
or an acquired brain injury,
or by the parent,
guardian, or caregiver of the person, in order to receive a driver's license or
non-driver identification card with the notation authorized pursuant to
subsection b. of this section.
���� d.��� The Commissioner of
Human Services and the Attorney General, in consultation with the
Superintendent of the Division of State Police within the Department of Law and
Public Safety and at least one organization that advocates on behalf of persons
who have been diagnosed with
[
an
]
autism
spectrum disorder
[
or
]
, a
communication disorder,
or an acquired brain injury,
shall jointly
develop guidance to assist law enforcement officers in effectively
communicating with a person who has been diagnosed with
[
an
]
autism
spectrum disorder
[
or
]
, a
communication disorder
, or an acquired brain injury
.� The Attorney
General shall ensure that a copy of the written guidance, and any other related
materials developed to facilitate compliance with the guidance, is distributed
to each police department in the State.
(cf:� P.L.2023, c.57, s.1)
���� 2.��� (New section) a.� The
Chief Administrator of the New Jersey Motor Vehicle Commission shall establish
and maintain an automated Statewide registry accessible by law enforcement
officers for the purposes of identifying and effectively communicating with a person
who has been diagnosed with autism spectrum disorder, a communication disorder,
or an acquired brain injury by a physician, psychologist, or any other health
care professional licensed pursuant to Title 45 of the Revised Statutes. �The
registry shall be capable of storing information, which shall include, but not
be limited to:�
���� (1)�� the license plate and
registration information of any motor vehicle that the person intends to
regularly operate;
���� (2)�� the emergency contact
information of a person authorized to communicate on behalf of the person
diagnosed with autism spectrum disorder, a communication disorder, or an
acquired brain injury; and
���� (3)�� any other information
that may assist a law enforcement officer when communicating with the person.
���� b.��� The chief administrator
shall permit a person diagnosed with autism spectrum disorder, a communication
disorder, or an acquired brain injury to voluntarily report the diagnosis to
the commission for inclusion in the registry established pursuant to subsection
a. of this section through the commission�s Internet website, by mail, or when
completing an application for a driver�s license, motor vehicle registration,
or non-driver identification card issued by the commission.
���� A holder of a basic driver�s
license or non-driver identification card who submits information to the
registry established pursuant to subsection a. of this section shall have the
opportunity to revise the information, update the information, or be removed
from the registry at any time.
���� c.���� The information
submitted pursuant to this section shall only be available to:�
���� (1)�� employees of the
commission who are designated by the chief administrator to collect and
maintain the information; and
���� (2)�� law enforcement officers
when accessing the person�s motor vehicle records.
���� The information shall be
exclusively used during a motor vehicle stop or other law enforcement action to
assist law enforcement officers in identifying and effectively communicating
with a person who has been diagnosed with autism spectrum disorder, a communication
disorder, or an acquired brain injury.
���� Any information submitted to
the commission pursuant to this section shall not be considered a government
record pursuant to P.L.1963, c.73 (C.47:1A-1 et seq.), P.L.2001, c.404
(C.47:1A-5 et al.), or the common law concerning access to public records and
shall not be discoverable as a government record by any person, entity, or
governmental agency, except upon a subpoena issued by a grand jury or a court
order in a criminal matter.
���� d.��� The chief administrator
and employees of the commission who are designated by the chief administrator,
for the purposes of discharging their duties pursuant to
P.L. , c.
(C. ) (pending before the
Legislature as this bill), shall not be liable to any person for civil damages
or subject to criminal prosecution resulting from or caused by:�
���� (1)�� any
disruption or failure in Internet service caused by any accident, malfunction,
act of sabotage or God, or any other condition or circumstance that the
commission has not directly or indirectly caused, which prevents the holder of
a basic driver�s license or non-driver identification card from accessing or
entering information into the registry established pursuant to subsection a. of
this section or which results in or prevents the chief administrator and
designated commission employees and law enforcement officers from establishing,
accessing, or maintaining the database;
���� (2)�� any
misuse of information, failure to enter accurate information, or entry of
inaccurate or outdated information into the registry by any holder of a basic
driver�s license or non-driver identification card; or
���� (3)�� the
inability of any law enforcement officer to make contact, in good faith, with a
person�s designated emergency contact who is authorized to communicate on
behalf of the person pursuant to paragraph (2) of subsection a. of this
section.� However, this limitation of liability shall be inapplicable if the
failure resulted from a malicious or wanton and willful disregard for the
safety of persons or property.
���� e.���� The
chief administrator shall
adopt, pursuant to the �Administrative
Procedure Act,� P.L.1968, c.410 (C.52:14B-1 et seq.), rules and regulations
necessary to implement the provisions of this section.
���� 3.��� Section 2 of P.L.2008,
c.80 (C.
26:2-190) is amended to read as follows:�
���� 2.��� a.� The Commissioner of
Health and the Commissioner of Human Services, in consultation with the New
Jersey Fire and Emergency Medical Services Institute and the New Jersey State
First Aid Council, shall develop a training curriculum with the purpose of informing
emergency responders of
[
the
risks associated
]
safety considerations for interacting with persons diagnosed
with autism
[
or
]
spectrum
disorder,
an intellectual or other developmental disability,
deafness or
hearing loss, blindness or vision loss, a communication disorder, or an
acquired brain injury,
as well as providing instruction in appropriate
recognition and response techniques
[
concerning
]
to employ
when interacting with persons diagnosed with
these disabilities.� The
curriculum shall be incorporated into existing time requirements for training
and continuing education of emergency responders.
���� b.��� Prior to certification
by the Department of Health, each emergency medical technician trained in basic
life support services as defined in section 1 of P.L.1985, c.351 (C.26:2K-21)
shall be required to satisfactorily complete the training developed under
subsection a. of this section.� Every emergency medical technician certified
prior to the effective date of this act shall, within 36 months of the
effective date of this act, satisfactorily complete the training in recognition
and response techniques
[
concerning
these
]
to employ when interacting with persons diagnosed with the
disabilities
identified
in subsection a. of this section
, through existing continuing education
requirements.
���� c.���� The Commissioner of
Health shall adopt rules and regulations, pursuant to the �Administrative
Procedure Act,� P.L.1968, c.410 (C.52:14B-1 et seq.), to effectuate the
purposes of this act.
(cf: �P.L.2012, c.17, s.143)
���� 4.��� Section 3 of P.L.2008,
c.80 (C.52:27D-25jj) is amended to read as follows:�
���� 3.��� a.� The Division of Fire
Safety in the Department of Community Affairs, in consultation with the New
Jersey Fire and Emergency Medical Services Institute, shall adopt a training
course regarding
[
the
risks associated
]
safety considerations for interacting with persons diagnosed
with autism
[
or
]
spectrum
disorder,
an intellectual or other developmental disability
, deafness or
hearing loss, blindness or vision loss, a communication disorder, or an
acquired brain injury,
and appropriate recognition and response techniques
[
concerning
]
to employ
when interacting with persons with
these disabilities, based on the
curriculum developed by the Departments of Health
[
and Senior Services
]
and Human
Services pursuant to subsection a. of section 2 of P.L.2008, c.80
(C.26:2-190).� The course curriculum and instruction shall be administered to
every firefighter recruit, volunteer or paid.
���� b.��� Each person, volunteer
or paid, who is engaged in fire suppression, firefighting, or fire rescue
before the effective date of this act shall, within 36 months of the effective
date of this act, satisfactorily complete a training course in recognition and
response techniques
[
concerning
these
]
to employ when interacting with persons diagnosed with the
disabilities
identified
in subsection a. of this section
.
���� c.���� The Commissioner of
Community Affairs shall adopt rules and regulations, pursuant to the
�Administrative Procedure Act,� P.L.1968, c.410 (C.52:14B-1 et seq.), to
effectuate the purposes of this act.
(cf: �P.L.2008, c.80, s.3)
���� 5.��� Section 4 of P.L.2008,
c.80 (C.
52:17B-71.9) is amended to read as follows:�
����
4.��� a.�
The Police Training Commission in the Department of Law and Public Safety shall
adopt a training course regarding
[
the
risks associated
]
safety considerations for interacting with persons diagnosed
with autism
[
or
]
spectrum
disorder,
an intellectual or other developmental disability
, deafness or
hearing loss, blindness or vision loss, a communication disorder, or an
acquired brain injury,
and appropriate recognition and response techniques
[
concerning
]
to employ
when interacting with persons diagnosed with
these disabilities based on
the curriculum developed by the Departments of Health
[
and Senior
Services
]
and Human Services pursuant to subsection a. of section 2 of P.L.2008, c.80
(C.26:2-190).� The training course shall be administered by the employing
agency as part of the in-service training provided to each local police officer
in each law enforcement unit operating in this State.
���� b.��� Prior to being appointed
to permanent status as a local law enforcement officer in a law enforcement
unit, an individual shall be required to complete the training course adopted
under subsection a. of this section.� Every local law enforcement officer appointed
prior to the effective date of P.L.2022, c.65 (C.52:17B-71a et al.) shall,
within 36 months of the effective date of P.L.2022, c.65 (C.52:17B-71a et al.),
satisfactorily complete a training course in recognition and response
techniques
[
concerning
these
]
to employ when interacting with persons diagnosed with the
disabilities
identified
in subsection a. of this section
.
���� c.���� The Police Training
Commission shall adopt rules and regulations, pursuant to the �Administrative
Procedure Act,� P.L.1968, c.410 (C.52:14B-1 et seq.), to effectuate the
purposes of this act.
(cf: �P.L.2022, c.65, s.11)
���� 6.��� This act shall take
effect on the first day of the seventh month next following the date of
enactment.
STATEMENT
This bill requires the Chief
Administrator (chief administrator) of the New Jersey Motor Vehicle Commission
(commission) to allow the holder of a driver�s license or non-identification
card
to voluntarily indicate on the license or identification card that
the holder has been diagnosed with an acquired brain injury.
����� In addition, the bill
requires the chief administrator to establish and maintain an automated
Statewide registry accessible by law enforcement officers to identify and
effectively communicate with a person diagnosed with
autism spectrum disorder, a communication disorder, or
an acquired brain injury.� The registry is to be capable of storing
information, including, but not limited to:�
(1) the license plate and registration information of any
motor vehicle that the person intends to regularly operate; (2) the emergency
contact information of a person authorized to communicate on behalf of the
person diagnosed with autism spectrum disorder, a communication disorder, or an
acquired brain injury; and (3) any other information that may assist a law
enforcement officer when communicating with the person.� Under the bill, a
person may submit information to be included in the registry through the
commission�s Internet website, by mail, or when completing an application for a
driver�s license, motor vehicle registration, or non-driver identification card
issued by the commission.� The person is permitted to revise the information,
update the information, or be removed from the registry at any time.�
����� The bill further provides that the information in the
registry is only to be made available to:� (1) certain designated commission
employees; and (2) law enforcement officers when accessing the person�s motor
vehicle records.� The information may only be used during a motor vehicle stop
or other law enforcement action to assist law enforcement officers in
identifying and effectively communicating with a person who has been diagnosed
with autism spectrum disorder, a communication disorder, or an acquired brain injury.�
Information submitted for the registry is not to be subject to public
disclosure or discoverable as a government record.
����� The bill also establishes certain liability
limitations for the chief administrator and designated commission employees
relating to the entry and use of information in the registry, as outlined in
the bill.� However, the bill provides that the limitations are inapplicable in
situations involving a malicious or wanton and willful disregard for the safety
of persons or property.
����� Finally, the bill requires the training curriculum
developed by the Commissioner of Health and the Commissioner of Human Services,
in consultation with the New Jersey Fire and Emergency Medical Services
Institute and the New Jersey State First Aid Council, and adopted by the
Division of Fire Safety in the Department of Community Affairs and the Police
Training Commission in the Department of Law and Public Safety, to include
information on safety considerations and the proper recognition and response
techniques to employ when interacting with persons diagnosed with autism
spectrum disorder, deafness or hearing loss, blindness or vision loss,
communication disorders, and acquired brain injuries.