Requires driver to submit to evaluation by drug recognition expert when involved in motor vehicle accident resulting in death.

S3260

SENATE, No. 3260

STATE OF NEW JERSEY

222nd LEGISLATURE

�

INTRODUCED FEBRUARY 2, 2026

Sponsored by:

Senator� KRISTIN M. CORRADO

District 40 (Bergen, Essex and Passaic)

SYNOPSIS

���� Requires driver to submit to evaluation by drug
recognition expert when involved in motor vehicle accident resulting in death.

CURRENT VERSION OF TEXT

���� As introduced.

��

An Act
concerning motor vehicle accidents resulting in death
and amending P.L.1966, c.142 and P.L.1981, c.512.

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

���� 1.��� Section 2 of P.L.1966,
c.142 (C.39:4-50.2) is amended to read as follows:

���� 2.��� (a)� Any person who
operates a motor vehicle on any public road, street or highway or quasi-public
area in this State shall be deemed to have given his consent to the taking of
samples of his breath for the purpose of making chemical tests to determine the
content of alcohol in his blood
and, if the operator of a motor vehicle has
been involved in an accident resulting in death, the operator is deemed to have
given consent to submitting to an evaluation by a certified drug recognition
expert
; provided, however, that the taking of samples is made in accordance
with the provisions of this act and at the request of a police officer who has
reasonable grounds to believe that such person has been operating a motor
vehicle in violation of the provisions of R.S.39:4-50 or section 1 of P.L.1992,
c.189 (C.39:4-50.14).�
An operator of a motor vehicle who has been involved
in an accident resulting in death shall submit to an evaluation by a certified
drug recognition expert.

���� (b)�� A record of the taking
of any such sample, disclosing the date and time thereof, as well as the result
of any chemical test, shall be made and a copy thereof, upon his request, shall
be furnished or made available to the person so tested.

���� (c)�� In addition to the
samples taken and tests made at the direction of a police officer hereunder,
the person tested shall be permitted to have such samples taken and chemical
tests of his breath, urine or blood made by a person or physician of his own
selection.

���� (d)�� The police officer shall
inform the person tested of his rights under subsections (b) and (c) of this
section.

���� (e)�� No chemical test, as
provided in this section, or specimen necessary thereto, may be made or taken
forcibly and against physical resistance thereto by the defendant.� The police
officer shall, however, inform the person arrested of the consequences of refusing
to submit to such test in accordance with section 2 of this amendatory and
supplementary act.� A standard statement, prepared by the chief administrator,
shall be read by the police officer to the person under arrest.

����
(f)�� As used in this
section, �certified drug recognition expert� means a law enforcement officer
who is specially trained to identify

drivers who are impaired by
narcotic, hallucinogenic, or habit-producing drugs other than, or in addition
to, alcohol.

(cf:� P.L.2007, c.267, s.1)

���� 2.��� Section 2 of P.L.1981,
c.512 (C.39:4-50.4a) is amended to read as follows:

���� 2.��� a.� The municipal court
shall order any person 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)
or after being involved in a
motor vehicle accident resulting in the death of another person
, refuses to
submit, upon request, to a test
or evaluation
provided for in section 2
of P.L.1966, c.142 (C.39:4-50.2):

���� (1) if the refusal was in
connection with a first offense under this section, 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 owned, leased, or principally
operated by the person, 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.);

���� (2) if the refusal was in
connection with a second offense under this section, to 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 following the installation of an ignition
interlock device in one motor vehicle owned, leased, or principally operated by
the person, 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.);

���� (3) if the refusal was in
connection with a third or subsequent offense under this section, to forfeit
the right to operate a motor vehicle over the highways of this State for a
period of eight years following the installation of an ignition interlock device
in one motor vehicle owned, leased, or principally operated by the person,
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 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 or
cannabis item as defined in section 3 of P.L.2021, c.16 (C.24:6I-33)
or when
an accident resulting in death occurred
; whether the person was placed
under arrest, if appropriate, and whether he refused to submit to the test
or
evaluation
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 for refusing to submit to a test
or evaluation
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, 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.�

���� 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.

���� b.��� (Deleted by amendment,
P.L.2019, c.248)

(cf:� P.L.2023, c.191, s.6)

���� 3.��� This act shall take
effect on the first day of the fourth month following enactment.

STATEMENT

���� This bill expands the implied
consent law to include evaluations by a certified drug recognition expert when
the operator of a motor vehicle is involved in an accident resulting in death
and requires that an operator of a motor vehicle who has been involved in an
accident resulting in death submit to an evaluation by a certified drug
recognition expert.

���� Under current law, any person
who operates a motor vehicle on a public road in this State is deemed to have
given consent to a breath test for the purpose of determining the person�s
blood alcohol content.� The provisions of this bill extend this implied consent
law to include an evaluation by a certified drug recognition expert when the
operator of a motor vehicle is involved in an accident resulting in death.� The
bill requires that a person submit to an evaluation by a certified drug
recognition expert when the person is involved in a motor vehicle accident
resulting in death in order to determine if the person was driving under the
influence of drugs.

���� The bill defines a certified
drug recognition expert as a law enforcement officer who is specially trained
to identify drivers who are impaired by narcotic, hallucinogenic, or
habit-producing drugs other than, or in addition to, alcohol.

���� Finally, a person who refuses
to consent to the evaluation would be subject to the same penalties as a person
who is convicted of refusing a breath test in relation to a drunk driving
charge under R.S.39:4-50.