Bill Text: NJ A1933 | 2018-2019 | Regular Session | Introduced
Bill Title: Prohibits imposition of certain penalties for driving with license suspended for parking violations.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Introduced - Dead) 2018-02-01 - Reported out of Assembly Comm. with Amendments, 2nd Reading [A1933 Detail]
Download: New_Jersey-2018-A1933-Introduced.html
STATE OF NEW JERSEY
218th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2018 SESSION
Sponsored by:
Assemblyman RAJ MUKHERJI
District 33 (Hudson)
SYNOPSIS
Prohibits imposition of certain penalties for driving with license suspended for parking violations.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel.
An Act concerning driving with a suspended license and amending R.S.39:3-40.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. R.S.39:3-40 is amended to read as follows:
39:3-40. [No] A person to whom a driver's license has been refused or whose driver's license or reciprocity privilege has been suspended or revoked, or who has been prohibited from obtaining a driver's license, shall not personally operate a motor vehicle during the period of refusal, suspension, revocation, or prohibition.
[No] A person whose motor vehicle registration has been revoked shall not operate or permit the operation of [such] the motor vehicle during the period of [such] revocation.
Except as provided in subsections i. and j. of this section, a person violating this section shall be subject to the following penalties:
a. Upon conviction for a first offense, a fine of [$500.00] $500 and, if that offense involves the operation of a motor vehicle during a period when the violator's driver's license is suspended for a violation of R.S.39:4-50 or section 2 of P.L.1981, c.512 (C.39:4-50.4a), revocation of the violator's motor vehicle registration privilege in accordance with the provisions of sections 2 through 6 of P.L.1995, c.286 (C.39:3-40.1 through C.39:3-40.5);
b. Upon conviction for a second offense, a fine of [$750.00] $750, imprisonment in the county jail for at least one but not more than five days and, if the second offense involves the operation of a motor vehicle during a period when the violator's driver's license is suspended and that second offense occurs within five years of a conviction for that same offense, revocation of the violator's motor vehicle registration privilege in accordance with the provisions of sections 2 through 6 of P.L.1995, c.286 (C.39:3-40.1 through C.39:3-40.5);
c. Upon conviction for a third offense or subsequent offense, a fine of [$1,000.00] $1,000 and imprisonment in the county jail for 10 days. If the third or a subsequent offense involves the operation of a motor vehicle during a period when the violator's driver's license is suspended and the third or subsequent offense occurs within five years of a conviction for the same offense, revocation of the violator's motor vehicle registration privilege in accordance with the provisions of sections 2 through 6 of P.L.1995, c.286 (C.39:3-40.1 through C.39:3-40.5);
d. Upon conviction, the court shall impose or extend a period of suspension not to exceed six months;
e. Upon conviction, the court shall impose a period of imprisonment for not less than 45 days or more than 180 days, if while operating a vehicle in violation of this section a person is involved in an accident resulting in bodily injury to another person;
f. (1) In addition to any penalty imposed under the provisions of subsections a. through e. of this section, any person violating this section while under suspension issued pursuant to section 2 of P.L.1972, c.197 (C.39:6B-2), upon conviction, shall be fined [$500.00] $500, [shall have his] the person's license to operate a motor vehicle shall be suspended for an additional period of not less than one year [no] or more than two years, and the person may be imprisoned in the county jail for not more than 90 days.
(2) In addition to any penalty imposed under the provisions of subsections a. through e. of this section and paragraph (1) of this subsection, any person violating this section under suspension issued pursuant to R.S.39:4-50, section 2 of P.L.1981, c.512 (C.39:4-50.4a) or P.L.1982, c.85 (C.39:5-30a et seq.), shall be fined $500, [shall have his] the person's license to operate a motor vehicle shall be suspended for an additional period of not less than one year or more than two years, and the person shall be imprisoned in the county jail for not less than 10 days or more than 90 days.
(3) In addition to any penalty imposed under the provisions of subsections a. through e. of this section and paragraphs (1) and (2) of this subsection, [a person shall have his] the person's license to operate a motor vehicle shall be suspended for an additional period of not less than one year or more than two years, which period shall commence upon the completion of any prison sentence imposed upon that person, the person shall be fined $500, and the person shall be imprisoned for a period of 60 to 90 days for a first offense, imprisoned for a period of 120 to 150 days for a second offense, and imprisoned for 180 days for a third or subsequent offense, for operating a motor vehicle while in violation of paragraph (2) of this subsection while:
(a) on any school property used for school purposes which is owned by or leased to any elementary or secondary school or school board, or within 1,000 feet of such school property;
(b) driving through a school crossing as defined in R.S.39:1-1 if the municipality, by ordinance or resolution, has designated the school crossing as such; or
(c) driving through a school crossing as defined in R.S.39:1-1 knowing that juveniles are present if the municipality has not designated the school crossing as such by ordinance or resolution.
A map or true copy of a map depicting the location and boundaries of the area on or within 1,000 feet of any property used for school purposes which is owned by or leased to any elementary or secondary school or school board produced pursuant to section 1 of P.L.1987, c.101 (C.2C:35-7) may be used in a prosecution under subparagraph (a) of this paragraph.
It shall not be relevant to the imposition of sentence pursuant to subparagraph (a) or (b) of this paragraph that the defendant was unaware that the prohibited conduct took place while on or within 1,000 feet of any school property or while driving through a school crossing. Nor shall it be relevant to the imposition of sentence that no juveniles were present on the school property or crossing zone at the time of the offense or that the school was not in session;
g. (Deleted by amendment, P.L.2009, c.224);
h. A person who owns or leases a motor vehicle and permits another to operate the motor vehicle commits a violation and is subject to suspension of his license to operate a motor vehicle and to revocation of registration pursuant to sections 2 through 6 of P.L.1995, c.286 (C.39:3-40.1 through C.39:3-40.5) if the person:
(1) Knows that the operator's license or reciprocity privilege to operate a motor vehicle has been suspended for a violation of R.S.39:4-50 or section 2 of P.L.1981, c.512 (C.39:4-50.4a); or
(2) Knows that the operator's license or reciprocity privilege to operate a motor vehicle is suspended and that the operator has been convicted, within the past five years, of operating a vehicle while the person's license was suspended or revoked.
In any case where a person who owns or leases a motor vehicle knows that the operator's license or reciprocity privilege of the person [he permits] permitted to operate the motor vehicle is suspended or revoked for any violation of R.S.39:4-50 or section 2 of P.L.1981, c.512 (C.39:4-50.4a), the person also shall be subject to the following penalties: for a first or second offense, a fine of $1,000, imprisonment for not more than 15 days, or both; and for a third or subsequent offense, a fine of $1,000, imprisonment for not more than 15 days, or both, and forfeiture of the right to operate a motor vehicle over the highways of this State for a period of 90 days;
i. [If] Notwithstanding any other law, rule, or regulation to the contrary, if the violator's driver's license to operate a motor vehicle has been suspended for failure to appear or failure to pay a court-ordered financial obligation for a parking violation pursuant to section 9 of P.L.1985, c.14 (C.39:4-139.10), or for failure to comply with a time payment order for a court-ordered financial obligation imposed for a parking violation, the violator shall be subject to a maximum fine of $100 and all other penalty provisions of this section shall be waived upon proof that the violator has paid [all fines and other assessments related to] the financial obligation imposed for the parking violation that [were] was the subject of the Order of Suspension, or has entered into an arrangement to pay the financial obligation through a time payment order in accordance with the Rules of Court, or if the violator makes sufficient payments to become current with respect to payment obligations under [the] an existing time payment order . The chief administrator shall not levy any surcharge for a conviction of a violation of this subsection;
j. If a person is convicted for a second or subsequent violation of this section and the second or subsequent offense involves a motor vehicle moving violation, the term of imprisonment for the second or subsequent offense shall be 10 days longer than the term of imprisonment imposed for the previous offense.
For the purposes of this subsection, a "motor vehicle moving violation" means any violation of the motor vehicle laws of this State for which motor vehicle points are assessed by the chief administrator pursuant to section 1 of P.L.1982, c.43 (C.39:5-30.5).
(cf: P.L.2009, c.332, s.1)
2. This act shall take effect on the first day of the fourth month next following enactment.
STATEMENT
Under this bill, a person whose driver's license has been suspended for failure to pay outstanding parking fines would not incur any penalty other than the statutory fine of $100 for this violation.
Currently, a person who is convicted for driving while suspended pursuant to R.S.39:3-40, for not responding to a failure to appear notice for a parking violation, for not paying a parking judgment, or for failing to comply with a time payment order is subject to a maximum fine of $100 if the person pays the judgment or makes current an existing time payment order. In addition to this statutory penalty, the Motor Vehicle Commission levies a $250 administrative surcharge for three consecutive years pursuant to the New Jersey Administrative Code (N.J.A.C.13:19-13.1). Thus, in most cases the cumulative surcharge could exceed the amount owed for the parking violations and could subject the person to other adverse consequences if the person is unable to pay.
The bill specifically prohibits the imposition of a surcharge by the Motor Vehicle Commission. Under the bill, the only penalty for driving with a license suspended for outstanding parking violations would be the $100 fine set forth in subsection i. of R.S.39:3-40. No other penalty could be imposed provided the person pays the parking judgment, enters into a time payment plan, or makes current an existing time payment plan.
