ASSEMBLY, No. 106

STATE OF NEW JERSEY

Introduced Pending Technical Review by Legislative Counsel

PRE-FILED FOR INTRODUCTION IN THE 1996 SESSION

By Assemblyman HOLZAPFEL

An Act concerning the penalties for unauthorized operation of a motor vehicle under certain circumstances and amending R.S.39:3-40.

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

    1. R.S.39:3-40 is amended to read as follows:

    39:3-40. No person to whom a driver's license has been refused or whose driver's license or reciprocity privilege has been suspended or revoked, or who has been prohibited from obtaining a driver's license, shall personally operate a motor vehicle during the period of refusal, suspension, revocation, or prohibition.

    No person whose motor vehicle registration has been revoked shall operate or permit the operation of [such] the motor vehicle during the period of [such] revocation.

    A person violating this section shall be subject to the following penalties:

    a. Upon conviction for a first offense, a fine of $500.00;

    b. Upon conviction for a second offense, a fine of $750.00 and imprisonment in the county jail for not more than five days;

    c. Upon conviction for a third or subsequent offense, a fine of $1,000.00 and imprisonment in the county jail for 10 days;

    d. Upon conviction, the court shall impose [or extend a] an additional period of suspension [not to exceed], revocation, or prohibition of not less than 30 days or more than six months for a first offense, not less than 90 days or more than six months for a second offense, or not less than six months for a third or subsequent offense;

    e. Upon conviction, the court shall impose a period of imprisonment for not less than 45 days, if while operating a vehicle in violation of this section a person is involved in an accident resulting in personal injury to another person.

    Notwithstanding [paragraphs] subsections a. through e., any person violating this section while under suspension issued pursuant to R.S.39:4-50, upon conviction, shall be fined $500.00, shall have his license to operate a motor vehicle suspended for an additional period of not less than one year [nor] or more than two years, and may be imprisoned in the county jail for not more than 90 days.

(cf: P.L.1986, c.38, s.1)

    2. This act shall take effect immediately.

STATEMENT

    Current law (R.S.39:3-40) imposes an additional driver's license or registration suspension, revocation, or prohibition of not more than six months on persons convicted of driving while their licenses or registrations are suspended or revoked, but it does not require that a minimum additional suspension be imposed. Consequently, it is possible that a person convicted of driving while on the revoked list will receive no additional suspension or revocation.

    This bill requires that a minimum additional period of suspension, revocation, or prohibition be imposed in addition to other penalties imposed by the court. For a first offense, a person will receive an additional period of suspension, revocation, or prohibition of 30 days to six months; for a second offense, an additional period of 90 days to six months; and for a third or subsequent offense, a mandatory additional period of six months.

Imposes minimum additional period of suspension for driving while license or registration is revoked.