ASSEMBLY, No. 1870

STATE OF NEW JERSEY

INTRODUCED MAY 2, 1996

By Assemblyman AUGUSTINE

An Act creating the offense of unintentional vehicular homicide and supplementing chapter 11 of Title 2C of the New Jersey Statutes.

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

    1. a. A person is guilty of unintentional vehicular homicide when he causes the death of another by driving a vehicle or vessel negligently.

    b. Unintentional vehicular homicide is a disorderly persons offense.           c. For purposes of this section, negligent driving shall include, but not be limited to, the commission of the violations of speeding, passing a red light, careless driving, passing a stop sign, and making an illegal turn.

    d. 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.

    e. In addition to the penalties provided for a disorderly persons offense, a person violating this section shall have his driver's license suspended or revoked for a period of not less than 120 days. A person violating this section for a second or subsequent time shall have his driver's license suspended or revoked for not less than six months.

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

    2. This act shall take effect on the first day of the sixth month after enactment.

STATEMENT

    This bill would create a new criminal offense of unintentional vehicular homicide. A person would commit unintentional vehicular homicide if he operates a motor vehicle negligently and that operation results in the death of another. Negligent operation of a motor vehicle would include committing a hazardous moving violation such as speeding, passing a red light, careless driving, passing a stop sign, or making an illegal turn. Unintentional vehicular homicide would be a disorderly persons offense.

    Currently, under R.S.39:4-97, a person convicted of careless driving is subject to a fine of $50 to $200, up to 15 days imprisonment, or both. This penalty is inappropriate when careless driving has resulted in a death. However, if the driver did not operate the vehicle recklessly, he may not be charged with death by auto. Under the provisions of this bill, a driver whose negligence in the operation of a vehicle resulted in death could be convicted of unintentional vehicular homicide, which would impose penalties of up to six months in prison, up to a $1,000 fine, or both, and a driver's license suspension or revocation, if he was negligent in the operation of his vehicle, and it resulted in death. Second and subsequent violators would be subject to a driver's license revocation for no less than six months, in addition to the penalties for a disorderly persons offense.

    According to a recent study, more than half of the fatal accidents in New Jersey in 1995 involved violations of traffic laws or driver inattention. Such carelessness on the roadways warrants a higher penalty than is currently imposed. Increased penalties will hopefully serve as a deterrent to driving carelessly and causing fatal mistakes. Further, it is the sponsor's intent that in addition to the penalties provided in this bill, the Division of Motor Vehicles assign an apppropriate number of penalty points to violators to reflect the seriousness of the offense.

Creates new offense of unintentional vehicular homicide.