SENATE, No. 3579

STATE OF NEW JERSEY

218th LEGISLATURE

INTRODUCED MARCH 14, 2019

 


 

Sponsored by:

Senator† DECLAN J. O'SCANLON, JR.

District 13 (Monmouth)

 

Co-Sponsored by:

Senator Corrado

 

 

 

 

SYNOPSIS

†††† Extends Stateís implied consent law to urine samples and drug recognition expert evaluations when accident results in death or serious injury.

 

CURRENT VERSION OF TEXT

†††† As introduced.

††


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 personís breath for the purpose of making chemical tests to determine the content of alcohol in [his] the personís 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 operatorís 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 personís 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 personís 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 Stateís 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 personís 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.