Sponsored by:
Assemblyman RONALD S. DANCER
District 12 (Burlington, Middlesex, Monmouth and Ocean)
SYNOPSIS
Alexandra’s Law; prohibits operation of motor vehicle with detectable amount of CDS in blood.
CURRENT VERSION OF TEXT
As introduced.
An Act prohibiting the operation of a motor vehicle with a detectable amount of a controlled dangerous substance in the blood, designated “Alexandra’s Law,” and amending P.L.1964, c.289.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 1 of P.L.1964, c.289 (C.39:4-49.1) is amended to read as follows:
1. a. No person shall operate a motor vehicle on any highway while knowingly having in his possession or in the motor vehicle any controlled dangerous substance as classified in Schedules I, II, III, IV and V of the "New Jersey Controlled Dangerous Substances Act," P.L.1970, c.226 (C.24:21-1 et seq.) or any prescription legend drug, unless the person has obtained the substance or drug from, or on a valid written prescription of, a duly licensed physician, veterinarian, dentist or other medical practitioner licensed to write prescriptions intended for the treatment or prevention of disease in man or animals or unless the person possesses a controlled dangerous substance pursuant to a lawful order of a practitioner or lawfully possesses a Schedule V substance.
b. No person shall operate a motor vehicle on any highway while having any detectable amount of any controlled dangerous substance as classified in Schedules I, II, III, IV, and V of the “New Jersey Controlled Dangerous Substances Act,” P.L.1970, c.226 (C.24:21-1 et seq.) or any prescription legend drug, in the person’s blood, unless the person has obtained the substance or drug from, or on a valid written prescription of, a duly licensed physician, veterinarian, dentist, or other medical practitioner licensed to write prescriptions intended for the treatment or prevention of disease in man or animals or unless the person possesses a controlled dangerous substance pursuant to a lawful order of a practitioner or lawfully possesses a Schedule V substance.
For the purposes of this subsection, a "detectable amount" means the amount of a controlled dangerous substance which exceeds the limit of detection used by the Office of Forensic Science in the Division of State Police to report the presence of a substance in blood.
A person who violates this section shall be fined not less than [$50.00] $300 or more than $500 and shall forthwith forfeit his right to operate a motor vehicle for a period of two years from the date of his conviction.
(cf: P.L.1985, c.239, s.1)
2. This act shall take effect immediately.
STATEMENT
This bill prohibits the operation of a motor vehicle when the driver has a detectable amount of certain controlled dangerous substances in his or her blood.
Under current law, a person is prohibited from operating a motor vehicle on any highway while knowingly having in the person’s possession or in the motor vehicle any controlled dangerous substance classified in Schedules I, II, III, IV, and V of the New Jersey Controlled Dangerous Substances Act, or any prescription legend drug. This prohibition does not apply to persons who have obtained the substance or drug from, or on a valid written prescription of, a duly licensed physician, veterinarian, dentist, or other medical practitioner licensed to write prescriptions intended for the treatment or prevention of disease in man or animals. The prohibition also does not apply to persons who possess a controlled dangerous substance pursuant to a lawful order of a practitioner or lawfully possesses a Schedule V substance.
This bill expands the current law to similarly prohibit persons from operating a motor vehicle on any highway while having any detectible amount of one of these substances in their blood. The bill defines a “detectible amount” of a prohibited controlled dangerous substance as an amount which exceeds the limit of detection used by the Office of Forensic Science in the Division of State Police to report the presence of a substance in blood. One of the functions of this office is to analyze blood and urine for the presence of impairing compounds for investigations of driving under the influence of alcohol or drugs.
Persons who violate the bill’s provisions would be fined between $300 and $500 and would lose their driver’s license for two years. The bill also increases the fine from $50 to between $300 and $500 for operating a motor vehicle while possessing or having in the vehicle one of the controlled dangerous substances prohibited under the bill.
The sponsor intends that this bill be known as “Alexandra’s Law” in honor of Alexandra Tenneriello, a 19-year old from Jackson, New Jersey who was killed in a motor vehicle crash involving a driver against whom charges of driving while under the influence of drugs could not be proved under current law.