A6014

An Act concerning motor vehicle drivers with a certain brain injuries and supplementing Title 39 and Title 53 of the Revised Statutes.

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

1. a. The Chief Administrator of the New Jersey Motor Vehicle Commission shall permit a basic driver’s license or non-driver identification card holder to voluntarily indicate on the holder’s basic driver’s license or non-driver identification card that the person has been diagnosed with a traumatic or acquired brain injury by a physician, psychologist, or any other health care professional licensed pursuant to Title 45 of the Revised Statutes.

The designation shall be used by a law enforcement officer or an emergency medical professional to identify and effectively communicate with a person who has been diagnosed with a traumatic or acquired brain injury and shall not be used for any other purpose by any other person.

b. The designation indicating that a person has been diagnosed with a traumatic or acquired brain injury pursuant to subsection a. of this section shall be given a restriction code that shall be displayed on the person’s driver’s license or non-driver identification in accordance with procedures prescribed by the chief administrator.

A holder of a basic driver's license or non-driver identification card who makes a voluntary designation pursuant to this section shall have the opportunity to remove the designation at any time.

2. a. The Chief Administrator of the New Jersey Motor Vehicle Commission shall establish and maintain an automated Statewide registry accessible by law enforcement officers for the purposes of identifying and effectively communicating with a person who has been diagnosed with a traumatic or acquired brain injury by a physician, psychologist, or any other health care professional licensed pursuant to Title 45 of the Revised Statutes.

The chief administrator shall permit a person diagnosed with a traumatic or acquired brain injury to voluntarily report the diagnosis to the commission for inclusion in the registry. The registry shall be capable of storing information, which shall include, but not limited to: (1) the license plate and registration information of any motor vehicle that the person intends to regularly operate; (2) the emergency contact information of a person who can communicate on behalf of the person with the traumatic or acquired brain injury; and (3) any other information that may assist a law enforcement officer when communicating with the person.

b. The holder of a basic driver's license or non-driver identification card may voluntarily submit information to the registry established pursuant to subsection a. of this section, through the commission’s website, by mail, or when completing an application for a driver’s license, motor vehicle registration, or non-driver identification card issued by the commission.

A holder of a basic driver's license or non-driver identification card who submits information to the registry established pursuant to this section shall have the opportunity to revise the information, update the information, or be removed from the registry at any time.

c. Information submitted pursuant to this section shall only be available to: (1) employees of the commission who are designated by the chief administrator to collect and maintain the information; and (2) law enforcement officers when accessing the person’s motor vehicle records. The information shall be exclusively used during a motor vehicle stop or other law enforcement action to assist law enforcement officers in identifying and effectively communicating with a person who has been diagnosed with a traumatic or acquired brain injury.

Any information submitted to the commission pursuant to this section shall not be considered a government record pursuant to P.L.1963, c.73 (C.47:1A-1 et seq.), P.L.2001, c.404 (C.47:1A-5 et al.), or the common law concerning access to public records and shall not be discoverable as a government record by any person, entity, or governmental agency, except upon a subpoena issued by a grand jury or a court order in a criminal matter.

d. The chief administrator and employees of the commission who are designated by the chief administrator, for the purposes of discharging their duties pursuant to P.L. , c. (C. ) (pending before the Legislature as this bill), shall not be liable to any person for civil damages, or subject to criminal prosecution resulting from or caused by: (1) any disruption or failure in Internet service caused by any accident, malfunction, act of sabotage or God, or any other condition or circumstance that the commission has not, directly or indirectly, caused, and which prevents the holder of a basic driver's license or non-driver identification card from accessing, or inputting information into, the registry established pursuant to this section or which results in, or prevents, the chief administrator and designated commission employees and law enforcement officers from accessing, establishing, or maintaining the database; (2) any misuse of, or the failure or omission to input accurate information, or the inputting of inaccurate or outdated information into the registry by any holder of a basic driver's license or non-driver identification card; or (3) the inability of any law enforcement officer to make contact, in good faith, with any designated emergency contact person. This limitation of liability is inapplicable if the failure resulted from a malicious purpose or a wanton and willful disregard for the safety of persons or property.

e. The chief administrator may adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), any rules or regulations necessary for the implementation of P.L. c. (C. ) (pending before the Legislature as this bill).

3. a. The Superintendent of the Division of State Police within the Department of Law and Public Safety, in consultation with the Chief Administrator of the New Jersey Motor Vehicle Commission and the Commissioner of Human Services, shall develop a program to assist and train law enforcement officers to identify and effectively communicate with a person who has been diagnosed with a traumatic or acquired brain injury by a physician, psychologist, or any other health care professional licensed pursuant to Title 45 of the Revised Statutes.

The program shall include, but not be limited to, training in de-escalation methods when interacting with a person who has been diagnosed with a traumatic or acquired brain injury, proper utilization of the registry established pursuant section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill), and any other information, as recommended by the Commissioner of Human Services, that may be useful to law enforcement officers when interacting with a person who has been diagnosed with a traumatic or acquired brain injury.

b. The program established pursuant to subsection a. of this section shall be available annually to every county and municipal law enforcement agency in this State.

4. a. Sections 1 and 2 of this act shall take effect on the first day of the seventh month following enactment, but the Chief Administrator of the New Jersey Motor Vehicle Commission may take any administrative action in advance of that date as shall be necessary for the timely implementation of this act.

b. Section 3 of this act shall take effect on the first day of the thirteenth month following enactment, but the Superintendent of the Division of State Police may take any administrative action in advance of that date as shall be necessary for the timely implementation of this act.

STATEMENT

The bill permits the holder of a license or identification card to voluntarily indicate on the license or identification card that the holder has been diagnosed with a traumatic or acquired brain injury. The designation is to be used by law enforcement officers or emergency medical professionals to identify and effectively communicate with the person.

The designation is to be given a restriction code that is required to be displayed on the person’s driver’s license or non-driver identification in accordance with procedures prescribed by the chief administrator. The holder of a basic driver's license or non-driver identification card who makes the voluntary designation may have the designation removed at any time.

The bill requires the Chief Administrator (chief administrator) of the New Jersey Motor Vehicle Commission (MVC) to establish and maintain an automated Statewide registry accessible by law enforcement officials for the purposes of identifying and effectively communicating with a person who has been diagnosed with a traumatic or acquired brain injury by a physician, psychologist, or any other licensed health care professional. The registry is to be capable of storing information, which is to include, but not limited to: the license plate and registration information of any motor vehicle that the person intends to regularly operate; the emergency contact information of a person who can communicate on behalf of the person; and any other information that may assist a law enforcement officer when communicating with the person.

Under the bill, a person may submit information to the registry through the MVC’s website, by mail, or when completing an application for a driver’s license, motor vehicle registration, or non-driver identification card. The information provided to the MVC for the registry is to only be accessible to MVC employees who are designated by the chief administrator to collect and maintain the information and law enforcement officers during a motor vehicle stop or other law enforcement action. Information submitted to the MVC is not to be subject to public disclosure under the “Open Public Records Act” or the common law concerning access to public records or be discoverable as a government record by any person, entity, or governmental agency except in certain circumstances.

The bill provides for certain limitations on civil liabilities and on criminal prosecution for the chief administrator and MVC employees designated by the chief administrator. The limitations on civil liabilities and on criminal prosecution are inapplicable if certain failures, as provided in the bill, resulted from a malicious purpose or a wanton and willful disregard for the safety of persons or property.

The bill establishes a program that is to be developed by the Superintendent of the Division of State Police, in consultation with the chief administrator and the Commissioner of Human Services, to assist and train law enforcement officers to identify and effectively communicate with a person who has been diagnosed with a traumatic or acquired brain injury. The program is to include, but not be limited to, training in de-escalation methods when interacting with a person who has been diagnosed with a traumatic or acquired brain injury, proper utilization of the registry established pursuant to this bill, and any other information, as recommended by the Commissioner of Human Services, that may be useful to law enforcement officers when interacting with a person who has been diagnosed with a traumatic or acquired brain injury. The program is to be made available annually to every county and municipal law enforcement agency in the State.