ASSEMBLY LAW AND PUBLIC SAFETY COMMITTEE

STATEMENT TO

ASSEMBLY, No. 932

with committee amendments

STATE OF NEW JERSEY

DATED: JANUARY 29, 1996

      The Assembly Law and Public Safety Committee favorably reports Assembly Bill No. 932 with committee amendments.

      Assembly Bill No. 932 amends R.S.39:4-50 and section 2 of P.L.1981, c.512 (C.39:4-50.4a) to clarify how New Jersey courts are to treat a New Jersey licensed driver's conviction in another state for operating a motor vehicle while under the influence (DWI).

      Under the bill, the court, when sentencing a New Jersey motorist for DWI, is to count certain out-of-state DWI convictions as if they were prior New Jersey DWI convictions. The provisions of the bill specify that the out-of-state DWI convictions which may be treated as prior New Jersey convictions are those which are based on criteria which are substantially similar to those used for determining a DWI violation in New Jersey.

      The bill also specifies that a New Jersey licensee who previously refused to submit to a chemical test for a possible DWI violation in another state is subject to enhanced penalties in New Jersey if that licensee subsequently refuses to submit to such a test in New Jersey.

      The bill clarifies that neither the out-of-state conviction nor the refusal to submit to a chemical test has to have occurred in a state which is a member of, or a party to, the Interstate Driver License Compact (P.L.1966, c.73; C.39:5D-1 et seq.) in order to be treated as a prior conviction or a prior refusal by the court.

      Finally, the bill incorporates language to recognize the drug education component of the various county and regional Intoxicated Driver Resource Centers (IDRC) and the credentials required (counselor certification by the Alcohol and Drug Counselor Certification Board of New Jersey ) for IDRC administrators.

      The committee, at the request of the Attorney General, amended the bill to clarify the criterion to be used to determine whether an out-of-state DWI conviction is substantially similar to one in New Jersey. The language added provides that in the case of jurisdictions which use blood alcohol concentration to determine DWI violations,"substantially similar" means a blood alcohol concentration of 0.10% or more

      This bill was pre-filed for introduction in the 1996 session pending technical review. As reported, the bill includes the changes required by technical review, which has been performed.