ASSEMBLY, No. 266

 

STATE OF NEW JERSEY

 

Introduced Pending Technical Review by Legislative Counsel

 

PRE-FILED FOR INTRODUCTION IN THE 1996 SESSION

 

 

By Assemblymen BATEMAN and KAVANAUGH

 

 

An Act requiring the posting of certain road and highway signs, amending R.S.39:4-50 and supplementing Title 27 and Title 39 of the Revised Statutes.

 

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

 

    1. (New section) This act shall be known and may be cited as the "Robyn M. Farber Act."

 

    2. (New section) The Legislature finds that every year many innocent victims have been killed by those driving while alcohol-impaired on the roads and highways of this State. The Legislature further finds that although the number of deaths by alcohol-impaired drivers in this State has recently decreased as a result of a number of factors, including the enactment of stronger laws with stiffer penalties for those arrested and convicted of driving while alcohol-impaired, the increased enforcement of these laws, and the establishment of educational programs for alcohol-impaired drivers, the public needs to be reminded that the problem of motorists who drive while alcohol-impaired continues to exist. The Legislature therefore determines that it is in the public interest to require that signs be erected on State and county roads and highways memorializing individuals who were killed by such drivers.

 

    3. (New section) The Commissioner of Transportation is authorized to erect appropriate signs memorializing those persons who were killed on State highways by motorists driving under the influence of intoxicating liquor or with a blood alcohol concentration of 0.10% or more by weight of alcohol in the motorist's blood. The signs, which shall conform to the Uniform Manual of Traffic Control Devices for Streets and Highways, shall display the following information:

            IN LOVING MEMORY OF

            (Name of victim)

            (Place of residence)

 

            KILLED AT THIS LOCATION

            (Date of accident)

 

            BY AN ALCOHOL-IMPAIRED DRIVER

 

            DON'T DRINK AND DRIVE

 

    The signs shall be located on the State highway on which the victim was killed and as near as possible to the location of the accident, consistent with the requirements of the Uniform Manual of Traffic Control Devices for Streets and Highways. The signs shall be no larger than is required for them to be able to be read by motorists using the roadway and shall be of such a design as is appropriate to the sign's memorial character. Costs related to the design, manufacture and erection of the signs may be defrayed from the "Victims of Alcohol-Impaired Drivers Trust Fund," established pursuant to section 6 of this amendatory and supplementary act or as otherwise appropriated by law. However, no sign shall be erected except at the express written request and with the consent of the victim's spouse and children or, if they are not living, the victim's parents or legal guardian, or, if they are not living, the victim's next-of-kin. The department shall supply appropriate forms for recording this request and consent, which forms shall also provide for the inclusion of the information required by this section. Attached to the form shall be the certificate of death of the victim, the record of conviction of the alcohol-impaired person and such other information as the department may require. An appropriate memorial ceremony may be held at the site of the sign.

 

    4. (New section) The board of chosen freeholders of each county is authorized to erect appropriate signs memorializing those persons who were killed on county roads by motorists driving under the influence of intoxicating liquor or with a blood alcohol concentration of 0.10% or more by weight of alcohol in the motorist's blood. The signs, which shall conform to the Uniform Manual of Traffic Control Devices for Streets and Highways, shall display the following information:


            IN LOVING MEMORY OF

            (Name of victim)

            (Place of residence)

 

            KILLED AT THIS LOCATION

            (Date of accident)

 

            BY AN ALCOHOL-IMPAIRED DRIVER

 

            DON'T DRINK AND DRIVE

 

    The signs shall be located on the county road on which the victim was killed and as near as possible to the location of the accident, consistent with the requirements of the Uniform Manual of Traffic Control Devices for Streets and Highways. The signs shall be no larger than is required for them to be able to be read by motorists using the roadway and shall be of such a design as is appropriate to the sign's memorial character. Costs related to the design, manufacture and erection of the signs may be defrayed from the "Victims of Alcohol-Impaired Drivers Trust Fund," established pursuant to section 6 of this amendatory and supplementary act or as otherwise appropriated by law. However, no sign shall be erected except at the express written request and with the consent of the victim's spouse and children, or, if they are not living, the victim's parents or legal guardian, or if they are not living, the victim's next-of-kin. The county clerk shall supply appropriate forms for recording this request and consent, which forms shall also provide for the inclusion of the information required by this section. Attached to the form shall be the certificate of death of the victim, the record of conviction of the alcohol-impaired person and such other information as the county clerk may require. An appropriate memorial ceremony may be held at the site of the sign.

 

    5. R.S.39:4-50 is amended to read as follows:

    39:4-50. (a) A person who operates a motor vehicle while under the influence of intoxicating liquor, narcotic, hallucinogenic or habit-producing drug, or operates a motor vehicle with a blood alcohol concentration of 0.10% or more by weight of alcohol in the defendant's blood or permits another person who is under the influence of intoxicating liquor, narcotic, hallucinogenic or habit-producing drug to operate a motor vehicle owned by him or in his custody or control or permits another to operate a motor vehicle with a blood alcohol concentration of 0.10% or more by weight of alcohol in the defendant's blood, shall be subject:

    (1) For the first offense, to a fine of not less than $250.00 nor more than $400.00 and a period of detainment of not less than 12 hours nor more than 48 hours spent during two consecutive days of not less than six hours each day and served as prescribed by the program requirements of the Intoxicated Driver Resource Centers established under subsection (f) of this section and, in the discretion of the court, a term of imprisonment of not more than 30 days and shall forthwith forfeit his right to operate a motor vehicle over the highways of this State for a period of not less than six months nor more than one year.

    (2) For a second violation, a person shall be subject to a fine of not less than $500.00 nor more than $1,000.00, and shall be ordered by the court to perform community service for a period of 30 days, which shall be of such form and on such terms as the court shall deem appropriate under the circumstances, and shall be sentenced to imprisonment for a term of not less than 48 consecutive hours, which shall not be suspended or served on probation, nor more than 90 days, and shall forfeit his right to operate a motor vehicle over the highways of this State for a period of two years upon conviction, and, after the expiration of said period, he may make application to the Director of the Division of Motor Vehicles for a license to operate a motor vehicle, which application may be granted at the discretion of the director, consistent with subsection (b) of this section.

    (3) For a third or subsequent violation, a person shall be subject to a fine of $1,000.00, and shall be sentenced to imprisonment for a term of not less than 180 days, except that the court may lower such term for each day, not exceeding 90 days, served performing community service in such form and on such terms as the court shall deem appropriate under the circumstances and shall thereafter forfeit his right to operate a motor vehicle over the highways of this State for 10 years.

    If the driving privilege of any person is under revocation or suspension for a violation of any provision of this Title or Title 2C of the New Jersey Statutes at the time of any conviction for a violation of this section, the revocation or suspension period imposed shall commence as of the date of termination of the existing revocation or suspension period. In the case of any person who at the time of the imposition of sentence is less than 17 years of age, the forfeiture, suspension or revocation of the driving privilege imposed by the court under this section shall commence immediately, run through the offender's seventeenth birthday and continue from that date for the period set by the court pursuant to paragraphs (1) through (3) of this subsection. A court that imposes a term of imprisonment under this section may sentence the person so convicted to the county jail, to the workhouse of the county wherein the offense was committed, to an inpatient rehabilitation program or to an Intoxicated Driver Resource Center or other facility approved by the Director of the Division of Alcoholism in the Department of Health; provided that for a third or subsequent offense a person shall not serve a term of imprisonment at an Intoxicated Driver Resource Center as provided in subsection (f).

    A person who has been convicted of a previous violation of this section need not be charged as a second or subsequent offender in the complaint made against him in order to render him liable to the punishment imposed by this section on a second or subsequent offender, but if the second offense occurs more than 10 years after the first offense, the court shall treat the second conviction as a first offense for sentencing purposes and if a third offense occurs more than 10 years after the second offense, the court shall treat the third conviction as a second offense for sentencing purposes.

    (b) A person convicted under this section must satisfy the screening, evaluation, referral, program and fee requirements of the Division of Alcoholism's Intoxicated Driving Programs Unit, and of the Intoxicated Driver Resource Centers and a program of alcohol education and highway safety, as prescribed by the Director of the Division of Motor Vehicles. The sentencing court shall inform the person convicted that failure to satisfy such requirements shall result in a mandatory two day term of imprisonment in a county jail and a driver license revocation or suspension and continuation of revocation or suspension until such requirements are satisfied, unless stayed by court order in accordance with Rule 7:8-2 of the N.J. Court Rules, 1969, or R.S.39:5-22. Upon sentencing, the court shall forward to the Bureau of Alcohol Countermeasures within the Intoxicated Driving Programs Unit a copy of a person's conviction record. A fee of $80.00 shall be payable to the Alcohol Education, Rehabilitation and Enforcement Fund established pursuant to section 3 of P.L.1983, c.531 (C.26:2B-32) to support the Intoxicated Driving Programs Unit.

    (c) Upon conviction of a violation of this section, the court shall collect forthwith the New Jersey driver's license or licenses of the person so convicted and forward such license or licenses to the Director of the Division of Motor Vehicles. The court shall inform the person convicted that if he is convicted of personally operating a motor vehicle during the period of license suspension imposed pursuant to subsection (a) of this section, he shall, upon conviction, be subject to the penalties established in R.S.39:3-40. The person convicted shall be informed orally and in writing. A person shall be required to acknowledge receipt of that written notice in writing. Failure to receive a written notice or failure to acknowledge in writing the receipt of a written notice shall not be a defense to a subsequent charge of a violation of R.S.39:3-40. In the event that a person convicted under this section is the holder of any out-of-State driver's license, the court shall not collect the license but shall notify forthwith the director, who shall, in turn, notify appropriate officials in the licensing jurisdiction. The court shall, however, revoke the nonresident's driving privilege to operate a motor vehicle in this State, in accordance with this section. Upon conviction of a violation of this section, the court shall notify the person convicted, orally and in writing, of the penalties for a second, third or subsequent violation of this section. A person shall be required to acknowledge receipt of that written notice in writing. Failure to receive a written notice or failure to acknowledge in writing the receipt of a written notice shall not be a defense to a subsequent charge of a violation of this section.

    (d) The Director of the Division of Motor Vehicles shall promulgate rules and regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) in order to establish a program of alcohol education and highway safety, as prescribed by this act.

    (e) Any person accused of a violation of this section who is liable to punishment imposed by this section as a second or subsequent offender shall be entitled to the same rights of discovery as allowed defendants pursuant to the Rules Governing Criminal Practice, as set forth in the Rules Governing the Courts of the State of New Jersey.

    (f) The counties, in cooperation with the Division of Alcoholism and the Division of Motor Vehicles, but subject to the approval of the Division of Alcoholism, shall designate and establish on a county or regional basis Intoxicated Driver Resource Centers. These centers shall have the capability of serving as community treatment referral centers and as court monitors of a person's compliance with the ordered treatment, service alternative or community service. All centers established pursuant to this subsection shall be administered by a certified alcoholism counselor or other professional with a minimum of five years' experience in treatment of alcoholism. All centers shall be required to develop individualized treatment plans for all persons attending the centers; provided that the duration of any ordered treatment or referral shall not exceed one year. It shall be the center's responsibility to establish networks with the community alcohol education, treatment and rehabilitation resources and to receive monthly reports from the referral agencies regarding a person's participation and compliance with the program. Nothing in this subsection shall bar these centers from developing their own education and treatment programs; provided that they are approved by the Division of Alcoholism.

    Upon a person's failure to report to the initial screening or any subsequent ordered referral, the Intoxicated Driver Resource Center shall promptly notify the sentencing court of the person's failure to comply.

    Required detention periods at the Intoxicated Driver Resource Centers shall be determined according to the individual treatment classification assigned by the Bureau of Alcohol Countermeasures. Upon attendance at an Intoxicated Driver Resource Center, a person shall be assessed a per diem fee of $50.00 for the first offender program or a per diem fee of $75.00 for the second offender program, as appropriate.

    The centers shall conduct a program of alcohol education and highway safety, as prescribed by the Director of the Division of Motor Vehicles.

    The Director of the Division of Alcoholism shall adopt rules and regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), in order to effectuate the purposes of this subsection.

    (g) In addition to the penalties provided for a violation of any provision of this Title or Title 2C of the New Jersey Statutes, a person convicted under this section for operating a motor vehicle while under the influence of an intoxicating liquor or operating a motor vehicle with a blood alcohol concentration of 0.10% or more by weight of alcohol in the defendant's blood who is also convicted of death by auto under the provisions of N.J.S.2C:11-5, shall be subject to a penalty of $150 per fatality, and such penalty may be recovered pursuant to N.J.S.2A:58-1 et seq.

(cf: P.L.1993, c.296, s.6)

 

    6. a. (New section) There is created in the Department of Transportation a special non-lapsing fund to be known as the "Victims of Alcohol-Impaired Drivers Trust Fund." There shall be deposited in the fund the amount collected from penalties pursuant to subsection (g) of R.S.39:4-50. Monies deposited in the fund shall be held in interest-bearing accounts in public depositories as defined pursuant to section 1 of P.L.1970, c.236 (C.17:9-41), and may be invested or reinvested in such securities as are approved by the State Treasurer. Interest or other income earned on monies deposited into the fund, and any monies which may be appropriated or otherwise become available for the purposes of the fund, shall be credited to and deposited in the fund for use as set forth in this amendatory and supplementary act.

    b. Monies in the fund shall be utilized by the Department of Transportation and counties, as appropriate, to finance the cost of the design, manufacture and erection of informational signs pursuant to sections 3 and 4 of this amendatory and supplementary act.

    c. In order to carry out the purposes of this amendatory and supplementary act, the Commissioner of Transportation is authorized to contract for and to accept any gifts or grants or loans of funds or property or financial or other aid in any form from the United States of America or any agency or instrumentality thereof, or from the State or any agency, instrumentality or political subdivision thereof, or from any other source, public or private, and to comply, subject to the provisions of this amendatory and supplementary act, with the terms and conditions thereof.


    7. The act shall take effect immediately.

 

 

STATEMENT

 

    This bill would authorize memorial signs to be erected on State and county roads and highways for individuals who were killed by alcohol-impaired drivers. The information for each of these signs would include the victim's name and place of residence, the date of the accident, and a warning that motorists should not drink and drive. Information provided for each sign would be available only after the consent of the respective victim's family or guardian or next-of-kin.

    The bill also requires persons convicted of operating a motor vehicle while under the influence of an intoxicating liquor or operating a motor vehicle with a blood alcohol concentration of 0.10% or more by weight of alcohol in the defendent's blood and convicted of "death by auto," pursuant to the provisions of N.J.S.2C:11-4, to pay a fine of $150 per fatality to the "Victims of Alcohol-Impaired Drivers Trust Fund," a fund to be established and administered by the Department of Transportation. Monies in the fund would be used by the department and counties to design, manufacture and erect the signs.

    The bill is named after Robyn M. Farber of Parsippany, who was fatally injured by an impaired driver while she was walking home from her job as a cashier at a local pharmacy on the night of November 24, 1993.

 

 

 

Requires that signs be posted on certain roads and highways memorializing victims of alcohol-impaired drivers.