Bill Text: NJ A1591 | 2014-2015 | Regular Session | Introduced
Bill Title: Increases penalties for careless driving when violation results in injury or death to pedestrian.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2014-01-16 - Introduced, Referred to Assembly Law and Public Safety Committee [A1591 Detail]
Download: New_Jersey-2014-A1591-Introduced.html
STATE OF NEW JERSEY
216th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2014 SESSION
Sponsored by:
Assemblywoman L. GRACE SPENCER
District 29 (Essex)
Assemblyman TIMOTHY J. EUSTACE
District 38 (Bergen and Passaic)
SYNOPSIS
Increases penalties for careless driving when violation results in injury or death to pedestrian.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel
An Act concerning pedestrian safety and supplementing Title 39 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. Any person who violates the provisions of R.S.39:4-97 while operating a motor vehicle shall be subject to the penalties under subsection b. of this section if the violation is the proximate cause of a collision between the motor vehicle and a pedestrian:
b. (1) if the collision results in bodily injury to the pedestrian, the person convicted of a violation shall be subject to a fine of not less than $100 or more than $300, or community service for 15 days in such form and on such terms as the court shall deem appropriate. As used in this section, "bodily injury" means bodily injury as defined in subsection a. of N.J.S.2C:11-1;
(2) if the collision results in serious bodily injury to the pedestrian, the person convicted of a violation shall be subject to a fine of not less than $100 or more than $500, and may additionally be subject to a sentence of imprisonment not to exceed 25 days, or a license suspension not to exceed six months, or both, in the discretion of the court. As used in this section, "serious bodily injury" means serious bodily injury as defined in subsection b. of N.J.S.2C:11-1; and
(3) if the collision results in the death of the pedestrian, the person convicted of a violation shall be subject to a fine of not less than $500 or more than $1,000, and may be subject to a sentence of imprisonment not to exceed 90 days, or a license suspension not to exceed one year, or both, in the discretion of the court.
c. A penalty imposed under this section shall be in addition to any other penalty or fine imposed under R.S.39:4-36 or any other section of the law.
2. This act shall take effect immediately.
STATEMENT
This bill sets forth certain penalties for careless driving if the motor vehicle operator causes a collision with a pedestrian. Under current law, a person is convicted of careless driving if that person drives a vehicle carelessly, or without due caution and circumspection, in a manner so as to endanger, or be likely to endanger, a person or property.
This bill increases the penalty imposed on a person convicted of careless driving if that person causes a collision with a pedestrian, and that collision results in death or bodily injury to the pedestrian. If the pedestrian incurs bodily injury, the penalty imposed is a fine of not less than $100 or more than $300, or community service for 15 days. In the case that the collision results in "serious bodily injury" to the pedestrian, the driver is subject to a fine of not less than $100 or more than $500, and may additionally be subject to a sentence of imprisonment not to exceed 25 days, or a license suspension not to exceed six months, or both. If the accident results in the death of a pedestrian, the penalty imposed is a fine of not less than $500 or more than $1,000, and may be subject to a sentence of imprisonment not to exceed 90 days, or a license suspension not to exceed one year, or both.
Current law 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.
