A3233

An Act concerning knowingly leaving the scene of a motor vehicle accident resulting in death or serious bodily injury, and amending P.L.1997, c.117.

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

1. Section 2 of P.L.1997, c.117 (C.2C:43-7.2) is amended to read as follows:

2. a. A court imposing a sentence of incarceration for a crime of the first or second degree enumerated in subsection d. of this section shall fix a minimum term of 85% of the sentence imposed, during which the defendant shall not be eligible for parole.

b. The minimum term required by subsection a. of this section shall be fixed as a part of every sentence of incarceration imposed upon every conviction of a crime enumerated in subsection d. of this section, whether the sentence of incarceration is determined pursuant to N.J.S.2C:43-6, N.J.S.2C:43-7, N.J.S.2C:11-3 or any other provision of law, and shall be calculated based upon the sentence of incarceration actually imposed. The provisions of subsection a. of this section shall not be construed or applied to reduce the time that must be served before eligibility for parole by an inmate sentenced to a mandatory minimum period of incarceration. Solely for the purpose of calculating the minimum term of parole ineligibility pursuant to subsection a. of this section, a sentence of life imprisonment shall be deemed to be 75 years.

c. Notwithstanding any other provision of law to the contrary and in addition to any other sentence imposed, a court imposing a minimum period of parole ineligibility of 85 percent of the sentence pursuant to this section shall also impose a five-year term of parole supervision if the defendant is being sentenced for a crime of the first degree, or a three-year term of parole supervision if the defendant is being sentenced for a crime of the second degree. The term of parole supervision shall commence upon the completion of the sentence of incarceration imposed by the court pursuant to subsection a. of this section unless the defendant is serving a sentence of incarceration for another crime at the time he completes the sentence of incarceration imposed pursuant to subsection a., in which case the term of parole supervision shall commence immediately upon the defendant's release from incarceration. During the term of parole supervision the defendant shall remain in release status in the community in the legal custody of the Commissioner of the Department of Corrections and shall be supervised by the State Parole Board as if on parole and shall be subject to the provisions and conditions of section 3 of P.L.1997, c.117 (C.30:4-123.51b).

d. The court shall impose sentence pursuant to subsection a. of this section upon conviction of the following crimes or an attempt or conspiracy to commit any of these crimes:

(1) N.J.S.2C:11-3, murder;

(2) N.J.S.2C:11-4, aggravated manslaughter or manslaughter;

(3) N.J.S.2C:11-5, vehicular homicide;

(4) subsection b. of N.J.S.2C:12-1, aggravated assault;

(5) subsection b. of section 1 of P.L.1996, c.14 (C.2C:12-11), disarming a law enforcement officer;

(6) N.J.S.2C:13-1, kidnapping;

(7) subsection a. of N.J.S.2C:14-2, aggravated sexual assault;

(8) subsection b. of N.J.S.2C:14-2 and paragraph (1) of subsection c. of N.J.S.2C:14-2, sexual assault;

(9) N.J.S.2C:15-1, robbery;

(10) section 1 of P.L.1993, c.221 (C.2C:15-2), carjacking;

(11) paragraph (1) of subsection a. of N.J.S.2C:17-1, aggravated arson;

(12) N.J.S.2C:18-2, burglary;

(13) subsection a. of N.J.S.2C:20-5, extortion;

(14) subsection b. of section 1 of P.L.1997, c.185 (C.2C:35-4.1), booby traps in manufacturing or distribution facilities;

(15) N.J.S.2C:35-9, strict liability for drug induced deaths;

(16) section 2 of P.L.2002, c.26 (C.2C:38-2), terrorism;

(17) section 3 of P.L.2002, c.26 (C.2C:38-3), producing or possessing chemical weapons, biological agents or nuclear or radiological devices;

(18) N.J.S.2C:41-2, racketeering, when it is a crime of the first degree[:];

(19) subsection i. of N.J.S.2C:39-9, firearms trafficking; [or]

(20) paragraph (3) of subsection b. of N.J.S.2C:24-4, causing or permitting a child to engage in a prohibited sexual act, knowing that the act may be reproduced or reconstructed in any manner, or be part of an exhibition or performance;

(21) section 1 of P.L.1997, c.111 (C.2C:11-5.1), leaving the scene of an accident in violation of R.S.39:4-129 if that accident results in the death of another; or

(22) section 2 of P.L.1997, c.111 (C.2C:12-1.1), leaving the scene of an accident in violation of R.S.39:4-129 if that accident results in serious bodily injury to another person.

e. (Deleted by amendment, P.L.2001, c.129)[.]

(cf: P.L.2013, c.136, s.4)

2. This act shall take effect immediately.

STATEMENT

This bill would make the prison sentences imposed for leaving the scene of a motor vehicle accident in which the victim is either killed or seriously injured subject to the mandatory prison term prescribed under the provisions of the “No Early Release Act” (NERA), P.L.1997, c.117 (C.2C:43-7.2).

Designated as “Skinner’s and Michelle’s Law,” P.L.2007, c.83 established leaving the scene of a motor vehicle accident in which the victim was killed, a crime of the second degree. A crime of the second degree is punishable by a fine of up to $150,000, imprisonment for a term of five to 10 years, or both. The sentencing guidelines set forth in NERA would require a defendant to serve between a minimum of four years and three months to a maximum of eight years and six months before becoming eligible for parole.

“Skinner’s and Michelle’s Law” also established leaving the scene of a motor vehicle accident in which the victim was seriously injured a crime of the third degree. A crime of the third degree is punishable by a fine of up to $15,000, imprisonment for a term of three to five years, or both. The sentencing guidelines set forth in NERA would require a defendant to serve between a minimum of two years and six and one half months to a maximum of four years and three months.