SENATE, No. 1148

STATE OF NEW JERSEY

217th LEGISLATURE

INTRODUCED FEBRUARY 8, 2016

 


 

Sponsored by:

Senator† CHRISTOPHER "KIP" BATEMAN

District 16 (Hunterdon, Mercer, Middlesex and Somerset)

Senator† JOSEPH PENNACCHIO

District 26 (Essex, Morris and Passaic)

Assemblyman† JOHN S. WISNIEWSKI

District 19 (Middlesex)

Assemblyman† JAY WEBBER

District 26 (Essex, Morris and Passaic)

Assemblywoman† BETTYLOU DECROCE

District 26 (Essex, Morris and Passaic)

 

 

 

 

SYNOPSIS

†††† Provides for time period during which complaints may be filed for certain motor vehicle violations.

 

CURRENT VERSION OF TEXT

†††† As introduced.

††


An Act concerning period for filing of complaints for certain motor vehicle violations and amending R.S.39:5-3.

 

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

 

†††† 1.††† R.S.39:5-3 is amended to read as follows:

†††† 39:5-3.† a.† When a person has violated a provision of this subtitle, the judge may, within 30 days after the commission of the offense, issue process directed to a constable, police officer, or the chief administrator for the appearance or arrest of the person so charged and for a violation of R.S.39:4-81, issue process within 90 days after the commission of the offense.† In the case of a violation enumerated in subsection b. of this section, this period shall commence upon the filing of a complaint.

†††† b.††† A complaint may be made to a judge for a violation of R.S.39:3-12, R.S.39:3-34, R.S.39:3-37, R.S.39:4-129 or R.S.39:10-24 at any time within one year after the commission of the offense; for a violation of R.S.39:4-50, section 2 of P.L.1981, c.512 (C.39:4-50.4a), section 5 of P.L.1990, c.103 (C.39:3-10.13), section 10 of P.L.1990 c.103 (C.39:3-10.18), section 16 of P.L.1990, c.103 (C.39:3-10.24), section 3 of P.L.1952, c.157 (C.12:7-46), section 9 of P.L.1986, c.39 (C.12:7-57), R.S.39:3-40, or section 1 of P.L.1942, c.192 (C.39:4-128.1), at any time within 90 days after the commission of the offense.

†††† c.†††† All proceedings shall be brought before a judge having jurisdiction in the municipality in which it is alleged that the violation occurred, but when a violation occurs on a street through which the boundary line of two or more municipalities runs or crosses, then the proceeding may be brought before the judge having jurisdiction in any one of the municipalities divided by said boundary line, and in the event there shall be no judge or should no judge having such jurisdiction be available for the acceptance of bail and disposition of the case, or should the judges having such jurisdiction be disqualified because of personal interest in the proceedings, or for any other legal cause, said proceeding shall be brought before a judge having jurisdiction in the nearest municipality to the one in which it is alleged such a violation occurred.

(cf: P.L.2009, c.52, s.1)

 

†††† 2.††† This act shall take effect immediately.

STATEMENT

 

†††† This bill provides that charges for a violation of N.J.S.A.39:3-10.18, which penalizes driving with a suspended commercial driverís license, would have to be filed within 90 days after the offense.† This is the similar to the 90-day period prescribed for filing charges against drivers who drive while their non-commercial driverís licenses are suspended.