ASSEMBLY, No. 306

STATE OF NEW JERSEY

214th LEGISLATURE

PRE-FILED FOR INTRODUCTION IN THE 2010 SESSION

 


 

Sponsored by:

Assemblyman† BRIAN E. RUMPF

District 9 (Atlantic, Burlington and Ocean)

Assemblywoman† DIANNE C. GOVE

District 9 (Atlantic, Burlington and Ocean)

 

 

 

 

SYNOPSIS

†††† Criminalizes fifth or subsequent drunk driving offenses.

 

CURRENT VERSION OF TEXT

†††† Introduced Pending Technical Review by Legislative Counsel

††


An Act concerning driving while under the influence and supplementing Title 2C of the New Jersey Statutes.

 

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

 

†††† 1.††† a.† A person who is convicted of a fifth or subsequent violation of R.S.39:4-50 shall be guilty of a crime of the third degree and, notwithstanding the provisions of subsection c. of N.J.S.2C:43-2, shall forfeit his right to operate a motor vehicle over the highways of this State for 10 years.

†††† Notwithstanding the provisions of subsection c. of N.J.S.2C:43-2, the person shall forfeit his right to operate a motor vehicle over the highways of this State for 20 years if the fifth or subsequent violation occurs while:

†††† (1)†† 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;

†††† (2)†† 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

†††† (3)† driving through a school crossing as defined in R.S.39:1-1 knowing that juveniles are present and if the municipality has not designated the school crossing as such by ordinance or resolution.

†††† b.††† Pursuant to the requirements set forth in R.S.39:4-50, a person convicted under this section shall satisfy the screening, evaluation, referral, program and fee requirements of the Division of Alcoholism and Drug Abuseís Intoxicated Driving Program Unit, and of the Intoxicated Driver Resource Center and a program of alcohol and drug education and highway safety, as prescribed by the Chief Administrator of the New Jersey Motor Vehicle Commission. The sentencing court shall inform the person convicted that failure to satisfy such requirements shall result in a mandatory two-day term of imprisonment in a county jail and a driver license revocation or suspension and continuation of revocation or suspension until such requirements are satisfied, unless stayed by court order in accordance with the Rules Governing the Courts of the State of New Jersey or R.S.39:5-22.† Upon sentencing, the court shall forward to the Intoxicated Driving Program Unit a copy of a person's conviction record.† A fee of $100 shall be payable to the Alcohol Education, Rehabilitation and Enforcement Fund established pursuant to section 3 of P.L.1983, c.531 (C.26:2B-32) to support the Intoxicated Driving Program Unit.

 

†††† 2.††† This act shall take effect immediately and shall be applicable to offenses committed on or after the effective date.


STATEMENT

 

†††† This bill would establish criminal penalties for fifth and subsequent offenses of driving under the influence (DUI). Currently, DUI is a traffic offense under Title 39 of the Revised Statutes (the State motor vehicle code).

†††† Under the provisions of the bill, a person who is convicted of a fifth or subsequent DUI offense would be guilty of a crime of the third degree.† A crime of the third degree is punishable by a fine of up to $15,000, imprisonment for three to five years, or both.† The personís driverís license would also be suspended for 10 years, which is the period of suspension required under current law.

†††† The bill also provides that if the fifth or subsequent violation occurs in a school zone or in or near a school crosswalk the personís driverís license would be suspended for 20 years.