Bill Text: NJ A1015 | 2012-2013 | Regular Session | Introduced
Bill Title: Increases penalties for drunk driving with a minor as a passenger.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2012-09-24 - Reported out of Assembly Committee, 2nd Reading [A1015 Detail]
Download: New_Jersey-2012-A1015-Introduced.html
STATE OF NEW JERSEY
215th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2012 SESSION
Sponsored by:
Assemblyman CHARLES MAINOR
District 31 (Hudson)
SYNOPSIS
Increases penalties for drunk driving with a minor as a passenger.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel
An Act concerning operating a motor vehicle while under the influence with a minor as a passenger, amending P.L.1999, c.410, and supplementing chapter 24 of Title 2C of the New Jersey Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 1 of P.L.1999, c.410 (C.39:4-50.15) is amended to read as follows:
1. a. As used in this act:
"Minor" means a person who is 17 years of age or younger.
"Parent or guardian" means any natural parent, adoptive parent, resource family parent, stepparent, or any person temporarily responsible for the care, custody or control of a minor or upon whom there is a legal duty for such care, custody or control.
b. A parent or guardian who is convicted of a violation of R.S.39:4-50 and who, at the time of the violation, has a minor as a passenger in the motor vehicle is guilty of a disorderly persons offense if the violation does not result in serious bodily injury or bodily injury to the minor.
c. In addition to the penalties otherwise prescribed by law, a person who is convicted under subsection b. of this section or section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill) shall forfeit the right to operate a motor vehicle over the highways of this State for a period of not more than six months and shall be ordered to perform community service for a period of not more than five days.
(cf: P.L.2004, c.130, s.112)
2. (New section) a. A parent or guardian who is convicted of a violation of R.S.39:4-50 and who, at the time of the violation, has a minor as a passenger in the motor vehicle is guilty of a crime of the fourth degree if the violation results in bodily injury to the minor.
b. A parent or guardian who is convicted of a violation of R.S.39:4-50 and who, at the time of the violation, has a minor as a passenger in the motor vehicle is guilty of a crime of the third degree if the violation results in serious bodily injury to the minor.
c. For the purposes of this section, the terms "parent or guardian" and "minor" shall have the same meanings as set forth in subsection a. of section 1 of P.L.1999, c.410 (C.39:4-50.15).
3. (New section) For the purposes of this act, the terms "bodily injury" and "serious bodily injury" shall have the same meanings as set forth in N.J.S.2C:11-1.
4. This act shall take effect immediately.
STATEMENT
This bill would increase the penalties for driving drunk with a minor as a passenger in the motor vehicle.
Under current law, a parent or guardian who is convicted of drunk driving is guilty of a disorderly persons offense if, at the time of the violation, the parent or guardian has a minor as a passenger in the motor vehicle. A disorderly persons offense is punishable by imprisonment of up to six months, a fine of up to $1,000, or both.
Under the bill, a parent or guardian who is convicted of drunk driving with a minor as a passenger would still be guilty of a disorderly persons offense. But the parent or guardian would be guilty of a crime of the fourth degree under the bill if the violation results in bodily injury to the minor. Fourth degree crimes are punishable by imprisonment of up to 18 months, a fine of up to $10,000, or both. The parent or guardian would be guilty of a third degree crime under the bill if the violation results in serious bodily injury to the minor. Third degree crimes are punishable by imprisonment of three to five years, a fine of up to $15,000, or both.
The bill defines "bodily injury" as physical pain, illness or any impairment of physical condition. "Serious bodily injury" is defined as bodily injury which creates a substantial risk of death or which causes serious, permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ.
