ASSEMBLY, No. 957

STATE OF NEW JERSEY

Introduced Pending Technical Review by Legislative Counsel

PRE-FILED FOR INTRODUCTION IN THE 1996 SESSION

By Assemblymen FELICE and ROMANO

An Act concerning the testing of drivers involved in certain accidents for driving while under the influence of alcohol or drugs, amending P.L.1966, c.142, P.L.1981, c.512 and P.L.1984, c.4.

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

    1. Section 2 of P.L.1966, c.142(C.39:4-50.2) is amended to read as follows:

    2. (a) Any person who operates a motor vehicle on any public road, street or highway or quasi-public area in this State shall be deemed to have given his consent to the taking of samples of his breath for the purpose of making chemical tests to determine the content of alcohol in his blood; provided, however, that the taking of samples is made in accordance with the provisions of this act and at the request of a police officer who has reasonable grounds to believe that such person has been operating a motor vehicle in violation of the provisions of R.S.39:4-50 or has been operating a motor vehicle which was involved in an accident resulting in serious bodily injury or death to any person. As used in this section, "serious bodily injury" means bodily injury which creates a substantial risk of death or which causes serious, permanent disfigurement, protracted loss or impairment of the function of any bodily member or organ.

    (b) A record of the taking of any such sample, disclosing the date and time thereof, as well as the result of any chemical test, shall be made and a copy thereof, upon his request, shall be furnished or made available to the person so tested.

    (c) In addition to the samples taken and tests made at the direction of a police officer hereunder, the person tested shall be permitted to have such samples taken and chemical tests of his breath, urine or blood made by a person or physician of his own selection.

    (d) The police officer shall inform the person tested of his rights under subsections (b) and (c) of this section.

    (e) No chemical test, as provided in this section, or specimen necessary thereto, may be made or taken forcibly and against physical resistance thereto by the defendant. The police officer shall, however, inform the person arrested of the consequences of refusing to submit to such test in accordance with section 2 of this amendatory and supplementary act. A standard statement, prepared by the director, shall be read by the police officer to the person under arrest.

(cf: P.L.1981, c.512, s.1)

    2. Section 2 of P.L.1981, c.512(C.39:4-50.4a) is amended to read as follows:

    2. The municipal court shall revoke the right to operate a motor vehicle of any operator who, after being arrested for a violation of R.S.39:4-50 or after being involved in an accident resulting in serious bodily injury or death to any person, shall refuse to submit to [the chemical] a test provided for in section 2 of P.L.1966, c.142(C.39:4-50.2) when requested to do so, for six months unless the refusal was in connection with a [subsequent] second offense under [this section] R.S.39:4-50, in which case the revocation period shall be for two years or unless the refusal was in connection with a third or subsequent offense under R.S.39:4-50, in which case the revocation shall be for 10 years.

    The municipal court shall determine by a preponderance of the evidence whether the arresting officer had probable cause to believe that the person had been driving or was in actual physical control of a motor vehicle on the public highways or quasi-public areas of this State when an accident resulting in death or serious bodily injury occurred or while the person was under the influence of intoxicating liquor or a [narcotic, hallucinogenic, or habit-producing drug or marihuana,]controlled dangerous substance; whether the person was placed under arrest, if appropriate; and whether he refused to submit to the test upon request of the officer[,]; and if these elements of the violation are not established, no conviction shall issue. In addition to any other requirements provided by law, a person whose operator's license is revoked for refusing to submit to a [chemical] test shall be referred to an Intoxicated Driver Resource Center established by subsection (f) of R.S.39:4-50 and shall satisfy the same requirements of [a program of alcohol education or rehabilitation pursuant to the provisions of R.S.39:4-50] the center for refusal to submit to a test as provided for in section 2 of P.L.1966, c.142(C.39:4-50.2) in connection with a first, second, third or subsequent offense under R.S.39:4-50 that must be satisfied by a person convicted of a commensurate violation of R.S.39:4-50, or be subject to the same penalties as such a person for failure to do so. The revocation shall be independent of any revocation imposed by virtue of a conviction under the provisions of R.S.39:4-50.

    In addition to issuing a revocation, the municipal court shall fine a person convicted under this section, a fine of not less than $250.00 nor more than $500.00.

(cf: P.L.1981, c.537, s.2)

    3. Section 1 of P.L.1984, c.4(C.39:4-50.8) is amended to read as follows:

    1. Upon a conviction of a violation of R.S.39:4-50 or section 2 of P.L.1981, c.512(C.39:4-50.4a), the court shall collect from the defendant a surcharge of $100.00 in addition to and independently of any fine imposed on that defendant. The court shall forward the surcharge to the Director of the Division of Motor Vehicles who shall deposit $95.00 of the surcharge into a "Drunk Driving Enforcement Fund" (hereinafter referred to as the "fund"). This fund shall be used to establish a Statewide drunk driving enforcement program to be supervised by the director. The remaining $5.00 of each surcharge shall be deposited by the director into a separate fund for administrative expenses.

    A municipality shall be entitled to periodic grants from the "Drunk Driving Enforcement Fund" in amounts representing its proportionate contribution to the fund. A municipality shall be deemed to have contributed to the fund the portion of the surcharge allocated to the fund, collected pursuant to this section if the violation of R.S.39:4-50 or section 2 of P.L.1981, c.512(C.39:4-50.4a) occurred within the municipality and the arrest resulting in conviction was made by the member of a municipal police force. The grants from the fund shall be used by the municipality to increase enforcement of R.S.39:4-50 by subsidizing additional law enforcement patrols and through other measures approved by the director. The Division of State Police, interstate law enforcement agencies and county law enforcement agencies shall be entitled to periodic grants from the fund in amounts representing their proportionate contribution to the fund. The Division of State Police or county or interstate law enforcement agency shall be in deemed to have contributed to the fund the portion of the surcharge allocated to the fund collected pursuant to this section if the arrest resulting in a conviction was made by a member of the Division of State Police or county or interstate law enforcement agency. The grants from the fund shall be used by the Division of State Police or county or interstate law enforcement agency to increase enforcement of R.S.39:4-50 by subsidizing additional law enforcement patrols and through other measures approved by the director.

    The surcharge described herein shall not be considered a fine, penalty or forfeiture to be distributed pursuant to R.S.39:5-41.

    The director shall promulgate rules and regulations in order to effectuate the purposes of this section.

(cf: P.L.1984, c.4, s.1)

    4. This act shall take effect immediately.

STATEMENT

    This bill permits a police officer at the scene of an accident resulting in death or serious bodily injury to have the operator of any vehicle involved in the accident tested for the presence of alcohol in the blood.

    The bill also changes the penalties for refusing to submit to a test to determine the presence of alcohol in the blood so that those penalties more closely approximate the penalties for conviction of driving while under the influence of intoxicating liquor or drugs (R.S.39:4-50). The additional penalties established in the bill include a license suspension of 10 years if the refusal was in connection with a third or subsequent offense of driving while under the influence of intoxicating liquor or drugs and a referral to an Intoxicated Driver Resource Center.

    Finally, the bill requires that persons who refuse to submit to a test for the presence of alcohol in the blood pay $100 into the "Drunk Driving Enforcement Fund," established in section 1 of P.L.1984, c.4(C.39:4-50.8).

Permits police at accident involving a death or serious injury to test driver for DWI.