ASSEMBLY, No. 1840

STATE OF NEW JERSEY

INTRODUCED MAY 2, 1996

By Assemblywoman QUIGLEY and Assemblyman HOLZAPFEL

An Act concerning suspension or postponement of driving privileges and amending N.J.S.2C:35-16.

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

    1. N.J.S.2C:35-16 is amended to read as follows:

    2C:35-16. Mandatory Forfeiture or Postponement of Driving Privileges.

    In addition to any disposition authorized by this title, the provisions of section 24 of P.L.1982, c.77 (C.2A:4A-43), or any other statute indicating the dispositions that can be ordered for an adjudication of delinquency, and notwithstanding the provisions of subsection c. of N.J.S.2C:43-2 every person convicted of or adjudicated delinquent for a violation of any offense defined in this chapter or chapter 36 of this title shall forthwith forfeit his right to operate a motor vehicle over the highways of this State for a period to be fixed by the court at not less than six months or more than two years which shall commence on the day the sentence is imposed. If the person will be serving a period of incarceration, the forfeiture or postponement shall commence on the day the sentence is imposed but shall be tolled during the period of incarceration and shall begin to run again upon the person's release. In the case of any person who at the time of the imposition of sentence is less than 17 years of age, the period of the suspension of driving privileges authorized herein, including a suspension of the privilege of operating a motorized bicycle, shall commence on the day the sentence is imposed and shall run for a period as fixed by the court of not less than six months or more than two years after the day the person reaches the age of 17 years. If the driving privilege of any person is under revocation, suspension, or postponement for a violation of any provision of this title or Title 39 of the Revised Statutes at the time of any conviction or adjudication of delinquency for a violation of any offense defined in this chapter or chapter 36 of this title, the revocation, suspension, or postponement period imposed herein shall commence as of the date of termination of the existing revocation, suspension, or postponement but shall be tolled during the service of a period of incarceration imposed pursuant to this chapter or chapter 36 of this Title.

    The court before whom any person is convicted of or adjudicated delinquent for a violation of any offense defined in this chapter or chapter 36 of this title shall collect forthwith the New Jersey driver's license or licenses of the person and forward such license or licenses to the Director of the Division of Motor Vehicles along with a report indicating the first and last day of the suspension or postponement period imposed by the court pursuant to this section. For any person who will be incarcerated for a conviction or adjudication of delinquency for any offense defined in this chapter or chapter 36 of this Title, the court shall note that fact to the Director of the Division of Motor Vehicles when indicating the first day of any postponement or suspension. The last day of the period of postponement or suspension shall be calculated by the Division of Motor Vehicles upon notification by the Department of Corrections of the date that the person was incarcerated and the date the person was released. If the court is for any reason unable to collect the license or licenses of the person, the court shall cause a report of the conviction or adjudication of delinquency to be filed with the Director. That report shall include the complete name, address, date of birth, eye color, and sex of the person and shall indicate the first and last day of the suspension or postponement period imposed by the court pursuant to this section. The court shall inform the person orally and in writing that if the person is convicted of personally operating a motor vehicle during the period of license suspension or postponement imposed pursuant to this section, the person shall, upon conviction, be subject to the penalties set forth in R.S.39:3-40. A person shall be required to acknowledge receipt of the 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. If the person is the holder of a driver's license from another jurisdiction, the court shall not collect the license but shall notify forthwith the Director who shall notify the appropriate officials in the licensing jurisdiction. The court shall, however, in accordance with the provisions of this section, revoke the person's non-resident driving privilege in this State.

    In addition to any other condition imposed, a court may in its discretion suspend, revoke or postpone in accordance with the provisions of this section the driving privileges of a person admitted to supervisory treatment under N.J.S.2C:36A-1 or N.J.S.2C:43-12 without a plea of guilty or finding of guilt.

(cf: P.L.1988, c.44, s.7)

    2. This act shall take effect immediately.

STATEMENT

    This bill amends N.J.S.A 2C: 35-16 concerning the suspension or postponement of driving privileges incident to conviction for a drug offense. This bill clarifies that any period of suspension or postponement shall toll while a person is incarcerated for the offense which triggered the imposition of the suspension or postponement.

    Under the provisions of the bill the suspension or postponement is imposed as of the day of sentence (as is current practice) and the court collects the driver's license (also, current practice). However, under this bill, if the person will be serving a term of incarceration the judge does not note the last day of the suspension or postponement since it may be unknown given the possible uncertainty of the length of the prison term. The Department of Corrections will notify the Director of the Divsion of Motor Vehicles when the person is released and provide the dates of the term of incarceration. DMV will then calculate the last day of the postponement or suspension .

    The sponsor hopes that this tolling of the license loss will make the sanction more meaningful. Since the period of suspension or postponemnt can run from 6 months to two years, the sanction may be meaningless for persons serving longer terms of incarceration.