ASSEMBLY, No. 1014

STATE OF NEW JERSEY

Introduced Pending Technical Review by Legislative Counsel

PRE-FILED FOR INTRODUCTION IN THE 1996 SESSION

By Assemblymen CONNORS and MORAN

An Act upgrading sentence for death by auto or vessel in certain circumstances and amending N.J.S.2C:11-5.

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

    1. N.J.S.2C:11-5 is amended to read as follows:

    2C:11-5. Death by auto or vessel. a. Criminal homicide constitutes death by auto or vessel when it is caused by driving a vehicle or vessel recklessly.

    b. Death by auto or vessel is a crime of the third degree and, notwithstanding the provisions of N.J.S.2C:43-2, the court may not suspend the imposition of sentence on any defendant convicted under this section, who was operating the auto or vessel under the influence of an intoxicating liquor, narcotic, hallucinogenic or habit-producing drug, or with a blood alcohol concentration of 0.10% or more by weight of alcohol in his blood and any sentence imposed under this section shall include either a fixed minimum term of 270 days' imprisonment, during which the defendant shall be ineligible for parole, or a requirement that the defendant perform a community related service for a minimum of 270 days.

    c. For good cause shown, the court may, in accepting a plea of guilty under this section, order that such plea not be evidential in any civil proceeding.

    d. Nothing herein shall be deemed to preclude, if the evidence so warrants, an indictment and conviction for manslaughter under the provisions of N.J.S.2C:11-4. If an indictment for manslaughter is brought in a case involving the operation of a motor vehicle or vessel, death by auto or vessel shall be considered a lesser-included offense.

    e. Death by auto or vessel is a crime of the first degree when it is caused by a defendant who was operating an auto or vessel under the influence of an intoxicating liquor, narcotic, hallucinogenic or habit-producing drug or with a blood alcohol concentration of 0.10% or more by weight of alcohol in his blood and who was previously convicted of operating an auto or vessel under the influence of an intoxicating liquor, narcotic, hallucinogenic or habit-producing drug or with a blood alcohol concentration of 0.10% or more by weight of alcohol in his blood or of a violation of R.S.39:4-50.

    As used in this section, "auto or vessel" means all means of conveyance propelled otherwise than by muscular power.

(cf: P.L.1991, c.237, s.1)

    2. This act shall take effect six months after enactment.

STATEMENT

    This bill is intended to reduce the number of deaths on the highways of this State by imposing severe penalties on chronic offenders who cause the death of innocent victims. Under the provisions of this bill, death by auto or vessel, normally a third degree crime, would be upgraded to a first degree crime if the operator was driving under the influence of alcohol and had been previously convicted of drunk driving.

    The present sentence for death by auto or vessel is three to five years imprisonment, up to $7,500 fine, or both, with a requirement that the person who was operating an auto or vessel while under the influence serve at least 270 days imprisonment, during which there is no eligibility for parole, or that the defendant perform a community related service for a minimum of 270 days with no eligibility for parole. Under this bill, a repeat drunk driving offender who causes death by auto or vessel would be subject to a 10 to 20 year prison term, up to $100,000 fine, or both.

Upgrades death by auto or vessel to first degree crime in certain circumstances.