ASSEMBLY, No. 339

STATE OF NEW JERSEY

Introduced Pending Technical Review by Legislative Counsel

PRE-FILED FOR INTRODUCTION IN THE 1996 SESSION

By Assemblymen PASCRELL and DiGAETANO

An Act concerning false driver's licenses and false reporting to police and amending N.J.S.2C:28-4 and R.S.39:3-39.

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

    1. N.J.S.2C:28-4 is amended to read as follows:

            2C:28-4. False reports to law enforcement authorities

    a. Falsely incriminating another. A person who knowingly gives or causes to be given false information to any law enforcement officer with purpose to implicate another commits a crime of the fourth degree.

    b. Fictitious reports. A person commits a disorderly persons offense if he:

    (1) Reports or causes to be reported to law enforcement authorities an offense or other incident within their concern knowing that it did not occur; or

    (2) Pretends to furnish or causes to be furnished such authorities with information relating to an offense or incident when he knows he has no information relating to such offense or incident.

    c. A person operating a motor vehicle who exhibits the driver's license of another, whether he be licensed or not as provided in R.S.39:3-10, or who knowingly gives or causes to be given false information to a law enforcement officer concerning the identity of the operator of the motor vehicle, commits a crime of the fourth degree.

(cf: P.L.1978, c.95, s.2C:28-4)

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

            39:3-39. a. No person shall loan an operator's license issued to him for use by another person, under penalty of a fine of not less than[$25.00] $200 nor more than[$100.00] $1,000.

    b. No person owning or having control or custody of a motor vehicle registered as provided in this subtitle shall allow the vehicle to be operated by a nonlicensed driver, under penalty of a fine of not more than[$100.00] $500.

    c. [Any person operating a motor vehicle who exhibits the driver's license of another whether he be licensed or not as provided in section 39:3-10 of this Title shall be subject to a fine not less than $200.00 or imprisonment for not more than 60 days or both, at the discretion of the court] (Deleted by amendment, P.L. , c. )(pending before the Legislature as this bill).

    d. Any person exhibiting the driver's license of another for purposes of identification in all situations other than those described in subsection c. of [this section] N.J.S.2C:28.4, shall be subject to a fine of not less than[$25.00] $100 nor more than[$100.00] $200, at the discretion of the court.

(cf: P.L.1973, c.13, s.1)

    3. This act shall take effect immediately.

STATEMENT

    This bill is intended to discourage the use of false driver's licenses and the reporting of false information to the police by persons apprehended for motor vehicle offenses. These incidents, which appear to be on the rise, are frustrating to both the police and to law-abiding motorists, whose licenses and personal information are misused by the offenders.

    The bill first increases the penalty for exhibiting a false license or knowingly presenting false information to a police officer when stopped for a motor vehicle offense. The current penalty for this offense, a fine of not less than $200 or imprisonment for up to 60 days, or both, exists in Title 39, the State Motor Vehicle Code. Under this bill, the offense would be upgraded to a fourth degree crime under Title 2C, the State Criminal Code. A fourth degree crime is punishable by a term of imprisonment not to exceed 18 months, a fine not to exceed $7,500, or both.

    The bill also increases the Title 39 penalties related to the illegal use of driver's licenses as follows:

    ● Loaning a driver's license for use by another person, from a fine of not less than $25 nor more than $100 to a fine of not less than $200 nor more than $1,000.

    ● Allowing one's motor vehicle to be operated by a nonlicensed driver, from a fine of not more than $100 to a fine of not more than $500.

    ● Exhibiting the driver's license of another person for purposes of identification other than in regard to the operation of a motor vehicle, from a fine of not less than $25 nor more than $100 to a fine of not less than $100 nor more than $200.

Upgrades penalties for use of false driver's license.