S3579

An Act concerning implied consent and amending P.L.1966, c.142.

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

1. Section 2 of P.L.1966, c.142 (C.39:4-50.2) is amended to read as follows:

2. (a) Any person who operates a motor vehicle on any public road, street, or highway or quasi-public area in this State shall be deemed to have given [his] consent to the taking of samples of [his] the person’s breath for the purpose of making chemical tests to determine the content of alcohol in [his] the person’s blood and, if the operator of a motor vehicle has been involved in an accident resulting in death or serious bodily injury as defined in N.J.S.2C:11-1, the operator is deemed to have given consent to the taking of samples of the operator’s urine and to submitting to evaluations by a certified drug recognition expert; provided, however, that the taking of samples or conducting of evaluations by a drug recognition expert is made in accordance with the provisions of this act and at the request of a police officer who has reasonable grounds to believe that [such] the person has been operating a motor vehicle in violation of the provisions of R.S.39:4-50 or section 1 of P.L.1992, c.189 (C.39:4-50.14).

(b) A record of the taking of any [such] sample, disclosing the date and time [thereof] it was taken, as well as the result of any chemical test, shall be made and a copy [thereof] of the record, upon [his] request, shall be furnished or made available to the person [so] tested.

(c) In addition to the samples taken and tests made at the direction of a police officer [hereunder] pursuant to this section, the person tested shall be permitted to have [such] samples taken and chemical tests of [his] the person’s breath, urine, or blood made by a person or physician [of his own selection] the person selects.

(d) The police officer shall inform the person tested of [his] the person’s rights under subsections (b) and (c) of this section.

(e) [No] A chemical test, as provided in this section, or specimen necessary thereto [, may] shall not be made or taken forcibly and against physical resistance [thereto] by the defendant. The police officer shall, however, inform the person arrested of the consequences of refusing to submit to [such] the test in accordance with section 2 of this amendatory and supplementary act. A standard statement, prepared by the chief administrator, shall be read by the police officer to the person under arrest.

(f) As used in this section, a certified drug recognition expert is a law enforcement officer who is specially trained to identify drivers who are impaired by narcotic, hallucinogenic, or habit-producing drugs other than, or in addition to, alcohol.

(cf: P.L.2007, c.267, s.1)

2. This act shall take effect immediately.

STATEMENT

This bill expands the State’s implied consent statute to urine samples and evaluations by certified drug recognition experts when the operator of a motor vehicle has been involved in an accident resulting in death or serious bodily injury.

Currently, suspected drunk drivers are deemed to have given their consent to taking a breathalyzer test to determine their blood alcohol content. A person who refuses to take a breathalyzer test is charged with a separate offense and is subject to a license suspension of between seven months and one year for a first offense; two years for a second offense; and 10 years for a third or subsequent offense. The person also is subject to 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. Additionally, the person is subject to ignition interlock requirements.

Under the provisions of this bill, a driver who has been involved in an accident resulting in death or serious bodily injury is deemed to have given consent to a urine test to determine the content of alcohol and narcotic, hallucinogenic, or habit-producing drugs in the person’s urine. The driver also is deemed to have given consent to submitting to evaluations by a certified drug recognition expert to determine if the driver is impaired by drugs. The bill defines a certified drug recognition expert as a law enforcement officer who is specially trained to identify drivers who are impaired by narcotic, hallucinogenic, or habit-producing drugs other than, or in addition to, alcohol.

A person who refuses to consent to urine tests or drug recognition evaluations as required by the bill is subject to the penalties for refusing to give consent to a breathalyzer test.