[First Reprint]

 

ASSEMBLY COMMITTEE SUBSTITUTE FOR

ASSEMBLY, No. 1368

STATE OF NEW JERSEY

216th LEGISLATURE

ADOPTED MAY 15, 2014

 


 

Sponsored by:

Assemblywoman† LINDA STENDER

District 22 (Middlesex, Somerset and Union)

Assemblyman† RALPH R. CAPUTO

District 28 (Essex)

Assemblyman† JOSEPH A. LAGANA

District 38 (Bergen and Passaic)

Assemblyman† DANIEL R. BENSON

District 14 (Mercer and Middlesex)

Senator† NICHOLAS P. SCUTARI

District 22 (Middlesex, Somerset and Union)

Senator† JIM WHELAN

District 2 (Atlantic)

 

Co-Sponsored by:

Assemblywoman Watson Coleman, Assemblyman Giblin, Assemblywoman Spencer, Senators Pou, Stack, Beck and Weinberg

 

 

 

 

SYNOPSIS

†††† Revises penalty provisions for certain drunk driving violations, including use of and applicable time periods covering driverís license suspensions and installations of ignition interlock devices on motor vehicles.

 

CURRENT VERSION OF TEXT

†††† As reported by the Assembly Appropriations Committee on June 23, 2014, with amendments.

 

 


An Act concerning certain drunk driving offenses, and amending various parts of the statutory law.

 

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

 

†††† 1.††† R.S.39:4-50 is amended to read as follows:

†††† 39:4-50. (a) [Except as provided in subsection (g) of this section, a] A person who operates a motor vehicle while under the influence of intoxicating liquor, narcotic, hallucinogenic or habit-producing drug, or operates a motor vehicle with a blood alcohol concentration of 0.08% or more by weight of alcohol in the defendant's blood or permits another person who is under the influence of intoxicating liquor, narcotic, hallucinogenic or habit-producing drug to operate a motor vehicle owned by him or in his custody or control or permits another to operate a motor vehicle with a blood alcohol concentration of 0.08% or more by weight of alcohol in the defendant's blood shall be subject:

†††† (1)†† For the first offense:

†††† (i)†† if the person's blood alcohol concentration is 0.08% or higher but less than 0.10%, or the person operates a motor vehicle while under the influence of intoxicating liquor, or the person permits another person who is under the influence of intoxicating liquor to operate a motor vehicle owned by him or in his custody or control or permits another person with a blood alcohol concentration of 0.08% or higher but less than 0.10% to operate a motor vehicle, to a fine of not less than $250 nor more than $400 and a period of detainment of not less than 12 hours nor more than 48 hours spent during two consecutive days of not less than six hours each day and served as prescribed by the program requirements of the Intoxicated Driver Resource Centers established under subsection (f) of this section and, in the discretion of the court, a term of imprisonment of not more than 30 days 1[, and].† In addition, the court1 shall order1[the installation of] the person to forfeit his right to operate a motor vehicle over the highways of this State for a period of 10 days, during which period the person shall install1 an ignition interlock device pursuant to the provisions of subparagraph (iii) of this paragraph in one motor vehicle owned, leased, or principally operated by the person, whichever the person most often operates 1, and thereafter the person may operate that motor vehicle upon reinstatement of the personís driverís license pursuant to section 3 of P.L.1999, c.417 (C.39:4-50.18)1 , unless the court is clearly convinced, based on the aggravating factors
outweighing the mitigating factors set forth in subparagraph (iv) of this paragraph to instead
order a license suspension, or the person does not own or lease a motor vehicle and there is no motor vehicle the person principally operates, in which case the person shall forthwith forfeit his right to operate a motor vehicle over the highways of this State for a period of three months;

†††† (ii) if the person's blood alcohol concentration is 0.10% or higher, or the person operates a motor vehicle while under the influence of narcotic, hallucinogenic or habit-producing drug, or the person permits another person who is under the influence of narcotic, hallucinogenic or habit-producing drug to operate a motor vehicle owned by him or in his custody or control, or permits another person with a blood alcohol concentration of 0.10% or more to operate a motor vehicle, to a fine of not less than $300 nor more than $500 and a period of detainment of not less than 12 hours nor more than 48 hours spent during two consecutive days of not less than six hours each day and served as prescribed by the program requirements of the Intoxicated Driver Resource Centers established under subsection (f) of this section and, in the discretion of the court, a term of imprisonment of not more than 30 days and shall:

†††† in the case of a person whose blood alcohol concentration is 0.10% or higher but less than 0.15%, order 1[the installation of] the person to forfeit his right to operate a motor vehicle over the highways of this State for a period of 10 days, during which period the person shall install1 an ignition interlock device pursuant to the provisions of subparagraph (iii) of this paragraph in one motor vehicle owned, leased, or principally operated by the person, whichever the person most often operates 1, and thereafter the person may operate that motor vehicle upon reinstatement of the personís driverís license pursuant to section 3 of P.L.1999, c.417 (C.39:4-50.18)1 , unless the court is clearly convinced, based on the aggravating factors outweighing the mitigating factors set forth in subparagraph (iv) of this paragraph to instead order a license suspension, or the person does not own or lease a motor vehicle and there is no motor vehicle the person principally operates, in which case the person shall forthwith forfeit his right to operate a motor vehicle over the highways of this State for a period of not less than seven months nor more than one year;

†††† in the case of a person whose blood alcohol concentration is 0.15% or higher, forthwith forfeit his right to operate a motor vehicle over the highways of this State for a period of1[not less than seven months nor more than one year and] 10 days, during which period the person shall1 install an ignition interlock device pursuant to the provisions of subparagraph (iii) of this paragraph in one motor vehicle owned, leased, or principally operated by the person, whichever the person most often operates 1, and maintain installation of the device during a period of forfeiture of not less than seven months nor more than one year1 , unless the person does not own or lease a motor vehicle and there is no motor vehicle the person principally operates, in which case the person shall receive an 1[additional] initial1 period of 1[suspension equal] forfeiture of not less than seven months nor more than one year and also receive an additional period of forfeiture of not less than seven months nor more than one year, being equivalent1 to the 1total1 period the person would have had an ignition interlock device installed1, pursuant to the provisions of this subparagraph and subparagraph (iii) of this paragraph1.† The person may, after already having forfeited his right to operate a motor vehicle for not less than 90 days during the designated forfeiture period, petition the court that established the forfeiture period to restore the personís driving privileges for the duration of that period, subject to the person maintaining the installation of the ignition interlock device on the motor vehicle pursuant to the provisions of subparagraph (iii) of this paragraph.† Additionally, a person 1[who] whose1 driving privileges were suspended for an additional period because the person does not own or lease a motor vehicle and there is no motor vehicle the person principally operates, may petition the court that established the forfeiture period, upon proof of owning, leasing, or principally operating a motor vehicle, to restore the personís driving privileges for the duration of the initial and additional suspension period, subject to the person maintaining the installation of an ignition interlock device in that vehicle pursuant to the provisions of subparagraph (iii) of this paragraph;

†††† in the case of any other person subject to the penalty provisions of this subparagraph, forthwith forfeit his right to operate a motor vehicle over the highways of this State for a period of not less than seven months nor more than one year;

†††† (iii) For a first offense, a person also shall be subject to the provisions of P.L.1999, c.417 (C.39:4-50.16 et al.), concerning the installation of motor vehicle ignition interlock devices, unless the person does not own or lease a motor vehicle and there is no motor vehicle the person principally operates;

†††† (iv) In determining whether to order a license suspension for a first offender instead of the installation of an ignition interlock device pursuant to the provisions of subparagraph (iii) of this paragraph, the court shall consider the following aggravating and mitigating factors:

†††† the nature and circumstances of the offenderís conduct, including whether the conduct posed a high risk of danger to the public or caused physical harm or property damage;

†††† the offenderís driving record, including the offenderís age and length of time as a licensed driver, and the number, seriousness and frequency of prior violations of Title 39 of the Revised Statutes or other applicable motor vehicle laws;

†††† whether the offender had a substantial period of time for which no violation of Title 39 of the Revised Statutes or other applicable motor vehicle laws occurred at the time of the most recent violation, or whether the nature and extent of the offenderís driving record indicates there is a substantial risk that the offender will commit another violation;

†††† whether the character and attitude of the offender indicate that the offender is likely or unlikely to commit another violation;

†††† whether the offenderís conduct was the result of circumstances unlikely to recur;

†††† whether a license suspension would cause excessive hardship to the offender or the offenderís dependents;

†††† the need for personal and general deterrence; and

†††† any other factor as the court shall deem relevant.

†††† (2)†† For a second violation, a person shall be subject to a fine of not less than [$500.00] $500 nor more than [$1,000.00] $1,000, and shall be ordered by the court to perform community service for a period of 30 days, which shall be of such form and on such terms as the court shall deem appropriate under the circumstances, and shall be sentenced to imprisonment for a term of not less than 48 consecutive hours, which shall not be suspended or served on probation, nor more than 90 days 1[, and].† In addition, the court1 shall 1order the person to1 forfeit his right to operate a motor vehicle over the highways of this State for a period 1of 10 days, during which period the person shall install an ignition interlock device pursuant to the provisions of subparagraph (iii) of paragraph (1) of this subsection in each motor vehicle owned, leased, or operated by the person and maintain their installation during a period of forfeiture1 of not less than two years nor more than four years 1[upon conviction, and, after], unless the person does not own or lease a motor vehicle and there is no motor vehicle the person operates, in which case the person shall receive an initial period of forfeiture of not less than two years nor more than four years and also receive an additional period of forfeiture of not less than one year nor more than three years, being equivalent to the total period the person would have had an ignition interlock device installed pursuant to the provisions of this paragraph and P.L.1999, c.417 (C.39:4-50.16 et al.).† After1 the expiration of said period, 1[he] the person1 may make application to the Chief Administrator of the New Jersey Motor Vehicle Commission for a license to operate a motor vehicle, which application may be granted at the discretion of the chief administrator, consistent with subsection (b) of this section.† 1[For a second violation, a person also shall be required to install an ignition interlock device in each motor vehicle owned, leased, or principally operated by the person and thereafter maintain their installation for the court ordered period as set forth under the provisions of P.L.1999, c.417 (C.39:4-50.16 et al.), unless the person does not own or lease a motor vehicle and there is no vehicle the person principally operates, in which case the person shall receive an additional period of suspension equal to the period the person would have had an ignition interlock device installed.]1 A person who does not own or lease a motor vehicle or have a motor vehicle the person 1[principally]1 operates, may petition the court that established the forfeiture period, upon proof of owning, leasing, or 1[principally]1 operating a motor vehicle, to restore the personís driving privileges for the duration of the additional suspension period, subject to the person maintaining the installation of an ignition interlock device in that vehicle pursuant to the provisions of P.L.1999, c.417 (C.39:4-50.16 et al.).

†††† (3)†† For a third or subsequent violation, a person shall be subject to a fine of [$1,000.00] $1,000, and shall be ordered by the court to perform community service for a period of not less than 60 days, which shall be in the form and on the terms as the court shall deem appropriate under the circumstances, and shall be sentenced to imprisonment for a term of not less than 180 days in a county jail or workhouse, except that the court may lower such term for each day, not exceeding 90 days, served participating in a drug or alcohol inpatient rehabilitation program approved by the Intoxicated Driver Resource Center and shall thereafter forfeit his right to operate a motor vehicle over the highways of this State for 1a period of 10 days, during which period the person shall install an ignition interlock device pursuant to the provisions of P.L.1999, c.417 (C.39:4-50.16 et al.) in each motor vehicle owned, leased, or operated by the person and maintain their installation during a period of forfeiture of1 not less than 10 years nor more than 20 years 1, unless the person does not own or lease a motor vehicle and there is no motor vehicle the person operates, in which case the person shall receive an initial period of forfeiture of not less than 10 years nor more than 20 years and also receive an additional period of forfeiture of not less than one year nor more than three years, being equivalent to the total period the person would have had an ignition interlock device installed pursuant to the provisions of this paragraph and P.L.1999, c.417 (C.39:4-50.16 et al.)1.† 1[For a third or subsequent violation, a person also shall be required to install an ignition interlock device in each motor vehicle owned, leased, or principally operated by the person and thereafter maintain their installation for the court ordered period as set forth under the provisions of P.L.1999, c.417 (C.39:4-50.16 et al.), unless the person does not own or lease a motor vehicle and there is no vehicle the person principally operates, in which case the person shall receive an additional period of suspension equal to the period the person would have had an ignition interlock device installed.]1 A person who does not own or lease a motor vehicle or have a motor vehicle the person 1[principally]1 operates, may petition the court that established the forfeiture period, upon proof of owning, leasing, or 1[principally]1 operating a motor vehicle, to restore the personís driving privileges for the duration of the additional suspension period, subject to the person maintaining the installation of an ignition interlock device in that vehicle pursuant to the provisions of P.L.1999, c.417 (C.39:4-50.16 et al.).

†††† As used in this section, the phrase "narcotic, hallucinogenic or habit-producing drug" includes an inhalant or other substance containing a chemical capable of releasing any toxic vapors or fumes for the purpose of inducing a condition of intoxication, such as any glue, cement or any other substance containing one or more of the following chemical compounds: acetone and acetate, amyl nitrite or amyl nitrate or their isomers, benzene, butyl alcohol, butyl nitrite, butyl nitrate or their isomers, ethyl acetate, ethyl alcohol, ethyl nitrite or ethyl nitrate, ethylene dichloride, isobutyl alcohol or isopropyl alcohol, methyl alcohol, methyl ethyl ketone, nitrous oxide, n-propyl alcohol, pentachlorophenol, petroleum ether, propyl nitrite or propyl nitrate or their isomers, toluene, toluol or xylene or any other chemical substance capable of causing a condition of intoxication, inebriation, excitement, stupefaction or the dulling of the brain or nervous system as a result of the inhalation of the fumes or vapors of such chemical substance.

†††† Whenever an operator of a motor vehicle has been involved in an accident resulting in death, bodily injury or property damage, a police officer shall consider that fact along with all other facts and circumstances in determining whether there are reasonable grounds to believe that person was operating a motor vehicle in violation of this section.

†††† A conviction 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 subsection unless the defendant can demonstrate by clear and convincing evidence that the conviction in the other jurisdiction was based exclusively upon a violation of a proscribed blood alcohol concentration of less than 0.08%.

†††† If the driving privilege of any person is under revocation or suspension for a violation of any provision of this Title or Title 2C of the New Jersey Statutes at the time of any conviction for a violation of this section, the revocation or suspension period imposed shall commence as of the date of termination of the existing revocation or suspension period.†

†††† In the case of any person who at the time of the imposition of sentence is less than 17 years of age, the forfeiture, suspension or revocation of the driving privilege imposed by the court under this section shall commence immediately, run through the offender's seventeenth birthday and continue from that date for the period set by the court pursuant to paragraphs (1) through (3) of this subsection.† A court that imposes a term of imprisonment for a first or second offense under this section may sentence the person so convicted to the county jail, to the workhouse of the county wherein the offense was committed, to an inpatient rehabilitation program or to an Intoxicated Driver Resource Center or other facility approved by the chief of the Intoxicated Driving Program Unit in the Division of 1Mental Health and1 Addiction Services in the Department of [Health and Senior] Human Services.† For a third or subsequent offense a person shall not serve a term of imprisonment at an Intoxicated Driver Resource Center as provided in subsection (f) of this section.

†††† A person who has been convicted of a previous violation of this section need not be charged as a second or subsequent offender in the complaint made against him in order to render him liable to the punishment imposed by this section on a second or subsequent offender, but if the second offense occurs more than 10 years after the first offense, the court shall treat the second conviction as a first offense for sentencing purposes and if a third offense occurs more than 10 years after the second offense, the court shall treat the third conviction as a second offense for sentencing purposes.

†††† (b)†† A person convicted under this section must satisfy the screening, evaluation, referral, program and fee requirements of the Division of [Alcoholism and Drug Abuse's] 1Mental Health and1 Addiction Servicesí Intoxicated Driving Program Unit, and of the Intoxicated Driver Resource Centers and a program of alcohol and drug education and highway safety, as prescribed by the chief administrator.† 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 Division of [Alcoholism and Drug Abuse's] 1Mental Health and1 Addiction Servicesí Intoxicated Driving Program Unit a copy of a person's conviction record.† A fee of [$100.00] $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.

†††† (c)†† Upon conviction of a violation of this section, the court shall collect forthwith the New Jersey driver's license or licenses of the person so convicted and forward such license or licenses to the chief administrator.† The court shall inform the person convicted that if he is convicted of personally operating a motor vehicle during the period of license suspension imposed pursuant to subsection (a) of this section, he shall, upon conviction, be subject to the penalties established in R.S.39:3-40. The person convicted shall be informed orally and in writing.† A person shall be required to acknowledge receipt of that written notice in writing. Failure to receive a written notice or failure to acknowledge in writing the receipt of a written notice shall not be a defense to a subsequent charge of a violation of R.S.39:3-40.† In the event that a person convicted under this section is the holder of any out-of-State driver's license, the court shall not collect the license but shall notify forthwith the chief administrator, who shall, in turn, notify appropriate officials in the licensing jurisdiction.† The court shall, however, revoke the nonresident's driving privilege to operate a motor vehicle in this State, for a period that is the equivalent of the period of forfeiture of the right to operate a motor vehicle imposed upon a person who does not own or lease a motor vehicle and there is no vehicle the person principally operates, 1or the person operates in the case of a second, third or subsequent offense,1 in accordance with this section.† Upon conviction of a violation of this section, the court shall notify the person convicted, orally and in writing, of the penalties for a second, third or subsequent violation of this section.† A person shall be required to acknowledge receipt of that written notice in writing. Failure to receive a written notice or failure to acknowledge in writing the receipt of a written notice shall not be a defense to a subsequent charge of a violation of this section.

†††† (d)†† The chief administrator shall promulgate rules and regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) in order to establish a program of alcohol education and highway safety, as prescribed by this act.

†††† (e)†† Any person accused of a violation of this section who is liable to punishment imposed by this section as a second or subsequent offender shall be entitled to the same rights of discovery as allowed defendants pursuant to the Rules Governing the Courts of the State of New Jersey.

†††† (f)†† The counties, in cooperation with the Division of [Alcoholism and Drug Abuse] 1Mental Health and1 Addiction Services and the commission, but subject to the approval of the Division of [Alcoholism and Drug Abuse] 1Mental Health and1 Addiction Services, shall designate and establish on a county or regional basis Intoxicated Driver Resource Centers.† These centers shall have the capability of serving as community treatment referral centers and as court monitors of a person's compliance with the ordered treatment, service alternative or community service.† All centers established pursuant to this subsection shall be administered by a counselor certified by the [Alcohol and Drug Counselor] Addiction Professionals Certification Board of New Jersey or other professional with a minimum of five years' experience in the treatment of alcoholism.† All centers shall be required to develop individualized treatment plans for all persons attending the centers; provided that the duration of any ordered treatment or referral shall not exceed one year.† It shall be the center's responsibility to establish networks with the community alcohol and drug education, treatment and rehabilitation resources and to receive monthly reports from the referral agencies regarding a person's participation and compliance with the program.† Nothing in this subsection shall bar these centers from developing their own education and treatment programs; provided that they are approved by the Division of [Alcoholism and Drug Abuse] 1Mental Health and1 Addiction Services.

†††† Upon a person's failure to report to the initial screening or any subsequent ordered referral, the Intoxicated Driver Resource Center shall promptly notify the sentencing court of the person's failure to comply.

†††† Required detention periods at the Intoxicated Driver Resource Centers shall be determined according to the individual treatment classification assigned by the Intoxicated Driving Program Unit. Upon attendance at an Intoxicated Driver Resource Center, a person shall be required to pay a per diem fee of [$75.00] $75 for the first offender program or a per diem fee of [$100.00] $100 for the second offender program, as appropriate.† Any increases in the per diem fees after the first full year shall be determined pursuant to rules and regulations adopted by the Commissioner of [Health and Senior] Human Services in consultation with the Governor's Council on Alcoholism and Drug Abuse pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.).

†††† The centers shall conduct a program of alcohol and drug education and highway safety, as prescribed by the chief administrator.

†††† The Commissioner of [Health and Senior] Human Services shall adopt rules and regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), in order to effectuate the purposes of this subsection.

†††† (g)†† [When a violation of this section 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 if the municipality has not designated the school crossing as such by ordinance or resolution, the convicted person shall: for a first offense, be fined not less than $500 or more than $800, be imprisoned for not more than 60 days and have his license to operate a motor vehicle suspended for a period of not less than one year or more than two years; for a second offense, be fined not less than $1,000 or more than $2,000, perform community service for a period of 60 days, be imprisoned for not less than 96 consecutive hours, which shall not be suspended or served on probation, nor more than 180 days, except that the court may lower such term for each day, not exceeding 90 days, served performing community service in such form and on such terms as the court shall deem appropriate under the circumstances and have his license to operate a motor vehicle suspended for a period of four years; and, for a third offense, be fined $2,000, imprisoned for 180 days in a county jail or workhouse, except that the court may lower such term for each day, not exceeding 90 days, served participating in a drug or alcohol inpatient rehabilitation program approved by the Intoxicated Driver Resource Center, and have his license to operate a motor vehicle suspended for a period of 20 years; the period of license suspension shall commence upon the completion of any prison sentence imposed upon that person.

†††† 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 paragraph (1) of this subsection.

†††† It shall not be relevant to the imposition of sentence pursuant to paragraph (1) or (2) of this subsection 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.† Nor shall it be relevant to the imposition of sentence 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.] (Deleted by amendment, P.L.††† , c.†† ) (pending before the Legislature as this bill)

†††† (h)†† A court also may order a person convicted pursuant to subsection (a) of this section, to participate in a supervised visitation program as either a condition of probation or a form of community service, giving preference to those who were under the age of 21 at the time of the offense.† Prior to ordering a person to participate in such a program, the court may consult with any person who may provide useful information on the defendant's physical, emotional and mental suitability for the visit to ensure that it will not cause any injury to the defendant.† The court also may order that the defendant participate in a counseling session under the supervision of the Intoxicated Driving Program Unit prior to participating in the supervised visitation program.† The supervised visitation program shall be at one or more of the following facilities which have agreed to participate in the program under the supervision of the facility's personnel and the probation department:

†††† (1)†† a trauma center, critical care center or acute care hospital having basic emergency services, which receives victims of motor vehicle accidents for the purpose of observing appropriate victims of drunk drivers and victims who are, themselves, drunk drivers;

†††† (2)†† a facility which cares for advanced alcoholics or drug abusers, to observe persons in the advanced stages of alcoholism or drug abuse; or

†††† (3)†† if approved by a county medical examiner, the office of the county medical examiner or a public morgue to observe appropriate victims of vehicle accidents involving drunk drivers.

†††† As used in this section, "appropriate victim" means a victim whose condition is determined by the facility's supervisory personnel and the probation officer to be appropriate for demonstrating the results of accidents involving drunk drivers without being unnecessarily gruesome or traumatic to the defendant.

†††† If at any time before or during a visitation the facility's supervisory personnel and the probation officer determine that the visitation may be or is traumatic or otherwise inappropriate for that defendant, the visitation shall be terminated without prejudice to the defendant.† The program may include a personal conference after the visitation, which may include the sentencing judge or the judge who coordinates the program for the court, the defendant, defendant's counsel, and, if available, the defendant's parents to discuss the visitation and its effect on the defendant's future conduct.† If a personal conference is not practicable because of the defendant's absence from the jurisdiction, conflicting time schedules, or any other reason, the court shall require the defendant to submit a written report concerning the visitation experience and its impact on the defendant.† The county, a court, any facility visited pursuant to the program, any agents, employees, or independent contractors of the court, county, or facility visited pursuant to the program, and any person supervising a defendant during the visitation, are not liable for any civil damages resulting from injury to the defendant, or for civil damages associated with the visitation which are caused by the defendant, except for willful or grossly negligent acts intended to, or reasonably expected to result in, that injury or damage.

†††† The Supreme Court may adopt court rules or directives to effectuate the purposes of this subsection.

†††† (i)†† In addition to any other fine, fee, or other charge imposed pursuant to law, the court shall assess a person convicted of a violation of the provisions of this section a surcharge of $100, of which amount $50 shall be payable to the municipality in which the conviction was obtained and $50 shall be payable to the Treasurer of the State of New Jersey for deposit into the General Fund.

(cf: P.L.2009, c.201, s.1)

 

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

†††† 2.††† a.† [Except as provided in subsection b. of this section, the] The municipal court shall [revoke the right to operate a motor vehicle of], for any [operator] 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), [shall refuse] refuses to submit to a test provided for in section 2 of P.L.1966, c.142 (C.39:4-50.2) when requested to do so 1[,] :1

†††† order the 1[installation of] person to forfeit his right to operate a motor vehicle over the highways of this State for a period of 10 days, during which period the person shall install1 an ignition interlock device pursuant to the provisions of P.L.1999, c.417 (C.39:4-50.16 et al.) in one motor vehicle owned, leased, or principally operated by the person, whichever the person most often operates, 1and thereafter the person may operate that motor vehicle upon reinstatement of the personís driverís license pursuant to section 3 of P.L.1999, c.417 (C.39:4-50.18),1 unless the court is clearly convinced, based on the aggravating factors outweighing the mitigating factors set forth in subparagraph (iv) of paragraph (1) of R.S.39:4-50 to instead order a license suspension, or the person does not own or lease a motor vehicle and there is no motor vehicle the person principally operates, in which case the person shall forthwith forfeit his right to operate a motor vehicle over the highways of this State for a period of not less than seven months or more than one year [unless] ;

†††† if the refusal was in connection with a second offense under this section, [in which case] the [revocation] court shall revoke the right to operate a motor vehicle over the highways of this State for a period [shall be for] 1of 10 days, during which period the person shall install an ignition interlock device pursuant to the provisions of P.L.1999, c.417 (C.39:4-50.16 et al.) in each motor vehicle owned, leased, or operated by the person and maintain their installation during a period of forfeiture1 of not less than two years or [unless] more than four years 1, unless the person does not own or lease a motor vehicle and there is no motor vehicle the person operates, in which case the person shall receive an initial period of forfeiture of not less than two years nor more than four years and also receive an additional period of forfeiture of not less than one year nor more than three years, being equivalent to the total period the person would have had an ignition interlock device installed pursuant to the provisions of this subsection and section 2 of P.L.1999, c.417 (C.39:4-50.17).† A person who does not own or lease a motor vehicle or have a motor vehicle the person operates, may petition the court that established the forfeiture period, upon proof of owning, leasing, or operating a motor vehicle, to restore the personís driving privileges for the duration of the additional suspension period, subject to the person maintaining the installation of an ignition interlock device in that vehicle pursuant to the provisions of P.L.1999, c.417 (C.39:4-50.16 et al.)1 ;

†††† if the refusal was in connection with a third or subsequent offense under this section [in which case], the [revocation] court shall [be] revoke the right to operate a motor vehicle over the highways of this State for a period 1of 10 days, during which period the person shall install an ignition interlock device pursuant to the provisions of† P.L.1999, c.417 (C.39:4-50.16 et al.) in each motor vehicle owned, leased, or operated by the person and maintain their installation during a period of forfeiture1 of not less than ten years or more than 20 years 1, unless the person does not own or lease a motor vehicle and there is no motor vehicle the person operates, in which case the person shall receive an initial period of forfeiture of not less than ten years nor more than 20 years and also receive an additional period of forfeiture of not less than one year nor more than three years, being equivalent to the total period the person would have had an ignition interlock device installed pursuant to the provisions of this subsection and section 2 of P.L.1999, c.417 (C.39:4-50.17). A person who does not own or lease a motor vehicle or have a motor vehicle the person operates, may petition the court that established the forfeiture period, upon proof of owning, leasing, or operating a motor vehicle, to restore the personís driving privileges for the duration of the additional suspension period, subject to the person maintaining the installation of an ignition interlock device in that vehicle pursuant to the provisions of P.L.1999, c.417 (C.39:4-50.16 et al.)1.

†††† 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; whether the person was placed under arrest, if appropriate, and whether he refused to submit to the test 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 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, [except as provided in subsection b. of this section,] 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.† [The] 1[Except as provided in this subsection for a first offense, the person also shall be required to install an ignition interlock device pursuant to the provisions of P.L.1999, c.417 (C.39:4-50.16 et al.), unless the person does not own or lease a motor vehicle and there is no motor vehicle the person principally operates, in which case the person shall receive an additional period of suspension equal to the period the person would have had an ignition interlock device installed.† A person with a second or subsequent offense whose driving privileges were suspended for an additional period because the person does not own or lease a motor vehicle and there is no motor vehicle the person principally operates, may petition the court that established the forfeiture period, upon proof of owning, leasing, or principally operating a motor vehicle, to restore the personís driving privileges for the duration of the additional suspension period, subject to the person maintaining the installation of an ignition interlock device in that vehicle pursuant to the provisions of P.L.1999, c.417 (C.39:4-50.16 et al.).]1

†††† b.††† [For a first offense, the fine imposed upon the convicted person shall be not less than $600 or more than $1,000 and the period of license suspension shall be not less than one year or more than two years; for a second offense, a fine of not less than $1,000 or more than $2,000 and a license suspension for a period of four years; and for a third or subsequent offense, a fine of $2,000 and a license suspension for a period of 20 years when a violation of this section 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 if the municipality has not designated the school crossing as such by ordinance or resolution.

†††† 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 paragraph (1) of this subsection.

†††† It shall not be relevant to the imposition of sentence pursuant to paragraph (1) or (2) of this subsection 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.† Nor shall it be relevant to the imposition of sentence 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.] (Deleted by amendment, P.L.††† , c.†† ) (pending before the Legislature as this bill)

(cf: P.L.2009, c.201, s.5)

 

†††† 3.††† Section 2 of P.L.1999, c.417 (C.39:4-50.17) is amended to read as follows:

†††† 2.††† a. (1) Except as provided in paragraph (2) of this subsection, [in] (a) In sentencing a first offender under subparagraph (i) of paragraph (1) of subsection (a) of R.S.39:4-50, if the court [may order] orders, in addition to any other penalty imposed by that section,† the installation of an ignition interlock device in [the] one motor vehicle owned, leased, or principally operated by the offender [following the expiration of the period of license suspension imposed under that section.† In sentencing a first offender under section 2 of P.L.1981, c.512 (C.39:4-50.4a), the court shall order, in addition to any other penalty imposed by that section, the installation of an ignition interlock device in the motor vehicle principally operated by the offender during and following the expiration of the period of license suspension imposed under that section.† The] , whichever the offender most often operates, the device shall remain installed for [not less than six months or more than one year, commencing immediately upon the return of the offender's driver's license after the required period of suspension has been served] three months, and this designated installation period shall be subject, as indicated on the court order, to extension as set forth in subsection c. of this section if the offender attempts to operate the affected motor vehicle with a blood alcohol concentration of 0.08% or higher during the one-third period of the designated installation period immediately preceding the date of removal or the offender fails to present the affected motor vehicle for device servicing during the designated installation period as required by regulation of the chief administrator.

†††† (b) In sentencing a first offender under subparagraph (ii) of paragraph (1) of subsection (a) of R.S.39:4-50 for a violation involving a personís blood alcohol concentration of 0.10% or higher but less than 0.15%, or under section 2 of P.L.1981, c.512 (C.39:4-50.4a), if the court orders, in addition to any other penalty imposed by the applicable section, the installation of an ignition interlock device in one motor vehicle owned, leased, or principally operated by the offender, whichever the offender most often operates, the device shall remain installed for not less than seven months or more than one year, and this designated installation period shall be subject, as indicated on the court order, to extension as set forth in subsection c. of this section if the offender attempts to operate the affected motor vehicle with a blood alcohol concentration of 0.08% or higher during the one-third period of the designated installation period immediately preceding the date of removal or the offender fails to present the affected motor vehicle for device servicing during the designated installation period as required by regulation of the chief administrator.

†††† (2)†† If the first offender's blood alcohol concentration is 0.15% or higher, the court shall order, in addition to any other penalty imposed under R.S.39:4-50, the installation of an ignition interlock device in [the] one motor vehicle owned, leased, or principally operated by the offender, whichever the offender most often operates, if applicable, during and following the expiration of the period of license suspension imposed under that section, which period shall be considered to be the initial period imposed and not any reduction in this period based on a restoration of a personís driving privileges following a petition to the court pursuant to subparagraph (ii) of paragraph (1) of subsection (a) of R.S.39:4-50.† [In addition to installation during the period of license suspension, the] The device shall remain installed for not less than [six] seven months or more than one year, commencing immediately [upon the return of the offender's driver's license] after both the required period of suspension, as herein described, has been served and the offenderís driverís license 1[returned] reinstated pursuant to section 3 of P.L.1999, c.417 (C.39:4-50.18)1.† The designated installation period shall also be subject, as indicated on the court order, to extension as set forth in subsection c. of this section if the offender attempts to operate the affected motor vehicle with a blood alcohol concentration of 0.08% or higher during the one-third period of the designated installation period immediately preceding the date of removal or the offender fails to present the affected motor vehicle for device servicing during the designated installation period as required by regulation of the chief administrator.

†††† b.††† In sentencing a second or subsequent offender under R.S.39:4-50 or section 2 of P.L.1981, c.512 (C.39:4-50.4a), the court shall order, in addition to any other penalty imposed by that section, the installation of an ignition interlock device in [the] each motor vehicle owned, leased, or 1[principally]1 operated by the offender, if applicable, during and following the expiration of the period of license suspension imposed under R.S.39:4-50 or section 2 of P.L.1981, c.512 (C.39:4-50.4a). [In addition to installation during the period of license suspension, the] The device shall remain installed 1in each motor vehicle1 for not less than one year or more than three years, commencing immediately [upon the return of the offender's driver's license] after both the required period of suspension has been served and the offenderís driverís license 1[returned] reinstated pursuant to section 3 of P.L.1999, c.417 (C.39:4-50.18)1 .† The designated installation period shall also be subject, as indicated on the court order, to extension as set forth in subsection c. of this section if the offender attempts to operate 1[the] any1 affected motor vehicle with a blood alcohol concentration of 0.08% or higher during the one-third period of the designated installation period immediately preceding the date of removal or the offender fails to present 1[the] any1 affected motor vehicle for device servicing during the designated installation period as required by regulation of the chief administrator.

†††† c.††† (1) The court shall require that, for the duration of its order, an offender shall drive no vehicle other than one in which an interlock device has been installed pursuant to the order.

†††† (2) The court shall require that, as a condition to the removal of the one or more ignition interlock devices installed pursuant to this section, the offender shall not attempt to operate, with a blood alcohol concentration of 0.08% or higher, any motor vehicle in which an ignition interlock device has been installed, causing the device to lock the ignition on that vehicle, during the one-third period of the designated installation period immediately preceding the date of removal, or fail to present each motor vehicle for device servicing during the designated installation period as required by regulation of the chief administrator.† If either event occurs, then the designated installation period shall be extended by an additional one-third period commencing immediately upon the termination of the originally designated installation period, without need of further court order, following notification to the court by the chief administrator of the event, which notification shall be supported by a certification from the ignition interlock device manufacturer, installer, or other party set forth in regulation responsible for the servicing or monitoring of the device.† The extension of an installation period by an additional one-third period shall occur for each event properly noticed by the chief administrator.

†††† d.††† As used in this act, "ignition interlock device" or "device" means a blood alcohol equivalence measuring device which will prevent a motor vehicle from starting if the operator's blood alcohol [content] concentration exceeds a predetermined level when the operator blows into the device.

†††† e.††† The provisions of P.L.1999, c.417 (C.39:4-50.16 et al.) and any amendments and supplements thereto shall be applicable only to violations of R.S.39:4-50 and section 2 of P.L.1981, c.512 (C.39:4-50.4a).

(cf: P.L.2009, c.201, s.2)

 

†††† 14.†† Section 3 of P.L.1999, c.417 (C.39:4-50.18) is amended to read as follows:

†††† 3.††† The court shall notify the [Director of the Division of Motor Vehicles] Chief Administrator of the Motor Vehicle Commission when a person has been ordered, due to a violation of R.S.39:4-50 or section 2 of P.L.1981, c.512 (C.39:4-50.4a), to install an ignition interlock device in [a vehicle] the one or more motor vehicles owned, leased or [regularly] operated by the person as set forth under the provisions of P.L.1999, c.417 (C.39:4-50.16 et al.).† The [division] commission shall require that the [device] one or more devices be installed before reinstatement of the person's driver's license that has been suspended pursuant to R.S.39:4-50 or section 2 of P.L.1981, c.512 (C.39:4-50.4a).† The [division] commission shall imprint a notation on the reinstated driver's license stating that the person shall not operate a motor vehicle unless it is equipped with an ignition interlock device and shall enter this requirement in the person's driving record.1

(cf: P.L.1999, c.417, s.3)

 

†††† 1[4.] 5.1 Section 4 of P.L.1999, c.417 (C.39:4-50.19) is amended to read as follows:

†††† 4.††† a.† A person who fails to install an ignition interlock device as ordered by the court pursuant to the provisions of P.L.1999, c.417 (C.39:4-50.16 et al.) in [a] the one or more motor [vehicle] vehicles owned, leased or [regularly] principally operated by him shall [have his] be guilty of a disorderly persons offense.† The court also shall suspend the personís driver's license [suspended] for [one year, in addition to any other suspension or revocation] the period of time imposed under R.S.39:4-50, except that the applicable period applied by the court shall be the period for a second offense if the failure to install a device was committed by a first offender under R.S.39:4-50 or section 2 of P.L.1981, c.512 (C.39:4-50.4a), and shall be the period for a third offense if the failure to install a device was committed by a second offender under R.S.39:4-50 or section 2 of P.L.1981, c.512 (C.39:4-50.4a), unless the court determines a valid reason exists for the failure to comply.† A person in whose vehicle an ignition interlock device is installed pursuant to a court order who drives that vehicle after it has been started by any means other than his own blowing into the device or who drives a vehicle that is not equipped with such a device shall be guilty of a disorderly persons offense and shall have his driver's license suspended for [one year] the same period of time described in this subsection as for a person who fails to install an ignition interlock device, in addition to any other penalty applicable by law.

†††† b.††† A person is a disorderly person who:

†††† (1)†† blows into an ignition interlock device or otherwise starts a motor vehicle equipped with such a device for the purpose of providing an operable motor vehicle to a person who has been ordered by the court to install the device in the vehicle;

†††† (2)†† tampers or in any way circumvents the operation of an ignition interlock device; or

†††† (3)†† knowingly rents, leases or lends a motor vehicle not equipped with an ignition interlock device to a person who has been ordered by the court to install an ignition interlock device in a vehicle he owns, leases or regularly operates.

†††† c.††† The provisions of subsection b. of this section shall not apply if a motor vehicle required to be equipped with an ignition interlock device is started by a person for the purpose of safety or mechanical repair of the device or the vehicle, provided the person subject to the court order does not operate the vehicle.

(cf: P.L.2009, c.201, s.3)

 

†††† 1[5.] 6.1† This act shall take effect on the first day of the fourth month after enactment and shall apply to any offense occurring on or after that date, and additionally the Chief Administrator of the Motor Vehicle Commission may take any anticipatory administrative action in advance of that date as shall be necessary to implement the provisions of this act.