ASSEMBLY, No. 2209
STATE OF NEW JERSEY
INTRODUCED JUNE 27, 1996
By Assemblyman MATTISON
An Act concerning motor vehicle theft, amending P.L.1991, c.83 and P.L.1982, c.77 and supplementing chapter 20 of Title 2C of the New Jersey Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. (New section) Notwithstanding the provisions of any other law, a person convicted of theft of a motor vehicle pursuant to subparagraph (b) of paragraph (2) of subsection b. of N.J.S.2C:20-2 shall be sentenced to a term of imprisonment by the court. The term of imprisonment shall include the imposition of a minimum term of three years, during which the defendant shall not be eligible for parole.
2. Section 1 of P.L.1991, c.83 (C.2C:20-2.1) is amended to read as follows:
1. a. In addition to the penalties set forth in section 1 of P.L. , c. (C. )(now pending before the Legislature as this bill) and any other disposition authorized by law, a person convicted under the provisions of this chapter of theft or unlawful taking of a motor vehicle shall be subject:
(1) For the first offense, to a penalty of $500.00 and to the suspension or postponement of the person's license to operate a motor vehicle over the highways of this State for a period of one year.
(2) For a second offense, to a penalty of $750.00 and to the suspension or postponement of the person's license to operate a motor vehicle over the highways of this State for a period of two years.
(3) For a third or subsequent offense, to a penalty of $1,000.00, and to the suspension or postponement of the person's license to operate a motor vehicle over the highways of this State for 10 years. b. The suspension or postponement of the person's license to operate a motor vehicle pursuant to subsection a. of this section shall commence on the day the sentence is imposed. If the person will be serving a period of incarceration pursuant to section 1 of P.L. , c. (C. )(now pending before the Legislature as this bill), the suspension 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 one year for a first offense, two years for a second offense or 10 years for a third offense calculated from the day 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 any period of incarceration imposed pursuant to section 1 of P.L. , c. (C. )(now pending before the Legislature as this bill).
Upon conviction the court shall collect forthwith the New Jersey driver's 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 pursuant to section 1 of P.L. , c. (C. )(now pending before the Legislature as this bill), 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 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 privileges in this State.
c. All penalties provided for in this section shall be collected as provided for the collection of fines and restitutions in section 3 of P.L.1979, c.396 (C.2C:46-4), and shall be distributed in accordance with the provisions of N.J.S.2C:64-6 as if the collected monies were the proceeds of property forfeited pursuant to the provisions of chapter 64. However, the distributed monies are to be used for law enforcement activities related to auto theft.
(cf: P.L.1993, c.219, s.4)
3. Section 7 of P.L.1982, c.77 (C.2A:4A-26) is amended to read as follows:
7. Referral to another court without juvenile's consent.
a. [On] Except as provided in subsection e. of this section, on motion of the prosecutor, the court shall, without the consent of the juvenile, waive jurisdiction over a case and refer that case from the Superior Court, Chancery Division, Family Part to the appropriate court and prosecuting authority having jurisdiction if it finds, after hearing, that:
(1) The juvenile was 14 years of age or older at the time of the charged delinquent act; and
(2) There is probable cause to believe that the juvenile committed a delinquent act or acts which if committed by an adult would constitute:
(a) Criminal homicide other than death by auto, strict liability for drug induced deaths, pursuant to N.J.S.2C:35-9, robbery which would constitute a crime of the first degree, aggravated sexual assault, sexual assault, aggravated assault which would constitute a crime of the second degree, kidnapping or aggravated arson; or
(b) A crime committed at a time when the juvenile had previously been adjudicated delinquent, or convicted, on the basis of any of the offenses enumerated in subsection a.(2)(a);
(c) A crime committed at a time when the juvenile had previously been sentenced and confined in an adult penal institution; or
(d) An offense against a person committed in an aggressive, violent and willful manner, other than an offense enumerated in subsection a.(2)(a) of this section, or the unlawful possession of a firearm, destructive device or other prohibited weapon, arson or death by auto if the juvenile was operating the vehicle under the influence of an intoxicating liquor, narcotic, hallucinogenic or habit producing drug; or
(e) A violation of N.J.S.2C:35-3, N.J.S.2C:35-4, or N.J.S.2C:35-5; or
(f) Crimes which are a part of a continuing criminal activity in concert with two or more persons and the circumstances of the crimes show the juvenile has knowingly devoted himself to criminal activity as a source of livelihood; or
(g) An attempt or conspiracy to commit any of the acts enumerated in paragraph (a), (d) or (e) of this subsection; or
(h) Theft of an automobile pursuant to chapter 20 of Title 2C of the New Jersey Statutes; and
(3) Except with respect to any of the acts enumerated in subsection a.(2)(a) of this section, or with respect to any acts enumerated in subparagraph (e) of paragraph (2) of subsection a. of this section which involve the distribution for pecuniary gain of any controlled dangerous substance or controlled substance analog while on any property used for school purposes which is owned by or leased to any school or school board, or within 1,000 feet of such school property or while on any school bus, or any attempt or conspiracy to commit any of those acts, the State has shown that the nature and circumstances of the charge or the prior record of the juvenile are sufficiently serious that the interests of the public require waiver.
However, if in any case the juvenile can show that the probability of his rehabilitation by the use of the procedures, services and facilities available to the court prior to the juvenile reaching the age of 19 substantially outweighs the reasons for waiver, waiver shall not be granted.
b. In every case where there is a motion seeking waiver, the prosecutor shall within a reasonable time thereafter file a statement with the Attorney General setting forth the basis for the motion. In addition, the court shall, in writing, state its reasons for granting or denying the waiver motion. The Attorney General shall compile this information and report its findings to the Legislature 18 months after the effective date of this act with the objective of developing, where appropriate, guidelines as to the waiver of juveniles from the Family Part.
c. An order referring a case shall incorporate therein not only the alleged act or acts upon which the referral is premised, but also all other delinquent acts arising out of or related to the same transaction. d. A motion seeking waiver shall be filed by the prosecutor within 30 days of receipt of the complaint. This time limit shall not, except for good cause shown, be extended.
e. Notwithstanding the provisions of this section, waiver shall be mandatory if there is probable cause to believe that the juvenile committed a delinquent act which, if committed by an adult, would
constitute a second or subsequent offense of theft of a motor vehicle. (cf: P.L.1991, c.91, s.6)
4. This act shall take effect immediately.
This bill would impose a mandatory three-year term of imprisonment, without eligibility for parole, on any person convicted of motor vehicle theft. The bill also provides that a juvenile who commits a second or subsequent act which, if committed by an adult, would constitute motor vehicle theft would be required to be "waived" out of family court and tried as an adult. If convicted, the juvenile would also be subject to the mandatory three-year imprisonment term.
In addition, the bill provides that the period of driver's license suspension or postponement already in the law for motor vehicle theft would be tolled while the person is incarcerated, and the period would only begin once the offender is released.
Establishes mandatory three-year imprisonment and mandatory waiver of certain juveniles for motor vehicle theft.