ASSEMBLY LAW AND PUBLIC SAFETY COMMITTEE
STATEMENT TO
ASSEMBLY, No. 1578
with committee amendments
STATE OF NEW JERSEY
DATED: FEBRUARY 7, 2005
The Assembly Law and Public Safety Committee reports favorably and with committee amendments Assembly Bill No. 1578.
As amended and reported by the committee, Assembly Bill No. 1578 clarifies that all persons convicted of drunk driving are required to install an ignition interlock device in any motor vehicle they own, lease or operate or have their registration certificate and license plates revoked.
Under the State's drunk driving statute, R.S.39:4-50, the court may require first time drunk driving offenders to install an ignition interlock device. Persons convicted of a second offense are required to install this device or have their registration certificate and license plates revoked for two years, and persons convicted of third or subsequent offenses are required to install these devices or have their registration certificate and license plates revoked for 10 years. This bill requires persons convicted of a first offense of drunk driving to install an ignition interlock device pursuant to the bill's requirements or have their registration certificates and license plates revoked.
As amended and reported by the committee, the bill also requires persons convicted of first, second and subsequent drunk driving offenses to have an ignition interlock installed during the period the person's license is suspended for the drunk driving offense or have their registration certificates and license plates revoked for that same period. The amended bill further provides that the person's registration certificate and plates will remain revoked for a specific period after the license suspension has been served. For a first offender, the additional period of revocation is six months to one year. For second and subsequent offenders, the additional period of revocation is one to three years.
Finally, the bill allows a person to start a motor vehicle equipped with an ignition interlock device for the purpose of safety or mechanical repair of the device or repair of the motor vehicle, but only if the person required to have the device installed does not operate the vehicle. Under the ignition interlock law, it currently is a disorderly persons offense to blow into an ignition interlock device or otherwise start a motor vehicle equipped with such a device to provide an operable motor vehicle to the person required to have the device or to tamper with such a device to circumvent its operation.
The committee amended the bill to make the registration and license plate revocation period commensurate with the period required for installation of the ignition interlock device. The committee also amended the bill to provide that if the offender chooses revocation rather than installation of an interlock device, the registration must be revoked during the period of license suspension for the drunk driving offense and for an additional period of time depending upon whether the person is a first, second or subsequent offender.
Other committee amendments are clarifying and technical in nature.
As reported and amended by the committee, this bill is identical to Senate Bill No. 2001 (1R).
This bill was pre-filed for introduction in the 2004 legislative session pending technical review. As reported, the bill includes the changes required by technical review, which has been performed.
COMMITTEE AMENDMENTS:
The committee amended the bill to:
1) make the registration and license plate revocation period commensurate with the period required for installation of the ignition interlock device;
2) provide that if the offender chooses revocation rather than installation of an interlock device, the registration must be revoked during the period of license suspension for the drunk driving offense and for an additional period of time depending upon whether the person is a first, second or subsequent offender; and
3) make technical corrections.