DATED: OCTOBER 15, 1998

The Senate Law and Public Safety Committee reports favorably and with committee amendments Senate Bill No. 854.

As amended and released by the committee, this bill creates stiff new penalties for drunk driving and other serious traffic offenses when committed in the vicinity of a school or a school crossing. It is intended to honor Filomena Coppola, a well-known and popular crossing guard who was struck and killed by an alleged drunk driver while protecting two eight-year old girls at a crossing near Radcliffe Elementary School in Nutley. It is the sponsor's wish that "Filomena's Law" will make the often busy streets and roads near schools safer for the children who must daily cross them, and for the dedicated persons who guard their crossing.

The bill would double the penalties imposed on a person convicted of driving a motor vehicle under the influence of alcohol or drugs while on or within 1,000 feet of a school crossing or any school property used for school purposes which is owned by or leased to any elementary or secondary school or school board.

Under current law, the penalties for a first drunk driving offense include a fine of $250 to $400, possible imprisonment for up to 30 days and loss of a driver's license for six months to one year. Under the bill, the penalties for a first offense of drunk driving while on or within 1,000 feet of a school crossing or school property would be a fine of $500 to $800, possible imprisonment for up to 60 days and loss of a driver's license for up to two years. The penalties for second, third and subsequent drunk driving offenses committed while on or within 1,000 feet of school property or a school crossing also would be doubled.

The bill also would double the penalties imposed on a person convicted of refusing to consent to a breathalyzer test in connection with an offense committed on or within 1,000 feet of school property or a school crossing. The penalties under current law for a first offense of refusing to take a breathalyzer test are a six month loss of license and a fine of $250 to $500. These penalties are independent of the penalties imposed for a drunk driving conviction. Under the bill, the penalties increase to a one year loss of license and a fine of $500 to $1,000. The penalties imposed for a second, third or subsequent offense of refusing to consent to a breathalyzer test for an offense committed while on or within 1,000 feet of school property or a school crossing also would be doubled.

Additionally, the bill would double the penalties for committing vehicular homicide while driving drunk or refusing to consent to a breathalyzer test when requested to do so while on or within 1,000 feet of school property or a school crossing. Vehicular homicide is a crime of the second degree punishable by a $150,000 fine, a term of imprisonment of five to 10 years, or both. A drunk driver who commits vehicular homicide is currently required to serve at least three years of this sentence without eligibility for parole. Under this bill, a drunk driver or a person who refuses a breathalyzer test who commits vehicular homicide while on or within 1,000 feet of school property or a school crossing would be fined up to $300,000, would be subject to a term of imprisonment of 10 to 20 years, or both. The person would have to serve at least six years before becoming eligible for parole.

Under the bill, a person who commits vehicular homicide while driving drunk or refusing to consent to a breathalyzer test also would be subject to permanent loss of driving privileges in this State. An owner of a motor vehicle also would permanently lose his or her driving privileges for knowingly permitting such a driver to operate the vehicle.

The bill also would increase the penalties for assault by auto under certain circumstances. Under the bill, a person who commits assault by auto while driving drunk or refusing to consent to a breathalyzer is guilty of a crime of the third degree if serious bodily injury results. Third-degree crimes are punishable by a fine of up to $15,000, a term of imprisonment of three-to-five years, or both. Under current law, the person would be guilty of a fourth-degree crime. Fourth-degree crimes are punishable by a fine of up to $10,000 a term of imprisonment of up to 18 months, or both.

A person who commits assault by auto while driving drunk or refusing to consent to a breathalyzer is guilty of a crime of the fourth degree under the bill if bodily injury results. Under current law, the person would be guilty of a disorderly persons offense. Disorderly persons offenses are punishable by a maximum fine of $1,000, a term of imprisonment of up to six months, or both.

The bill also doubles the penalties that would otherwise be imposed under the bill if a person commits assault by auto while driving drunk or refusing to consent to a breathalyzer if committed while on or within 1,000 feet of school property or a school crossing. For example, assault by auto constituting a third-degree crime under the bill would result in a fine of up to $30,000, a term of imprisonment of six to 10 years, or both. Assault by auto constituting a fourth-degree crime under the bill would result in a fine of up to $20,000, a term of imprisonment of up to three years, or both.

The bill also provides for mandatory minimum terms of imprisonment for persons who are found guilty of driving while on or within 1,000 feet of school property or a school crossing when their licenses have been suspended or revoked for drunk driving or refusing to consent to a breathalyzer test. For a first offense, the person shall serve a minimum of 18 months; for a second offense, a minimum of three years and for a third or subsequent offense, a minimum of five years.

Under this bill, a motor vehicle used to commit vehicular homicide by an owner who was in violation of the drunk driving or refusal statute would be subject to forfeiture. The motor vehicle of an owner who knowingly permits a drunk driver to use the vehicle is also subject to forfeiture.

The committee amended the bill to extend its provisions to the areas on or within 1,000 feet of a school crossing as defined in R.S.39:1-1.