Sponsored by:
Assemblyman CHRISTOPHER P. DEPHILLIPS
District 40 (Bergen, Essex and Passaic)
SYNOPSIS
Elevates leaving scene of accident resulting in death to crime of first degree.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning leaving the scene of an accident resulting in death and amending P.L.1997, c.111.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 1 of P.L.1997, c.111 (C.2C:11-5.1) is amended to read as follows:
1. A motor vehicle operator who knows he is involved in an accident and knowingly leaves the scene of that accident under circumstances that violate the provisions of R.S.39:4-129 shall be guilty of a crime of the [second] first degree if the accident results in the death of another person.
If the evidence so warrants, nothing in this section shall be deemed to preclude an indictment and conviction for aggravated manslaughter under the provisions of N.J.S.2C:11-4, reckless vehicular homicide under the provisions of N.J.S.2C:11-5 or strict liability vehicular homicide under the provisions of section 1 of P.L.2017, c.165 (C.2C:11-5.3).
Notwithstanding the provisions of N.J.S.2C:1-8 or any other provisions of law, a conviction arising under this section shall not merge with a conviction for aggravated manslaughter under the provisions of N.J.S.2C:11-4, reckless vehicular homicide under the provisions of N.J.S.2C:11-5 or strict liability vehicular homicide under the provisions of section 1 of P.L.2017, c.165 (C.2C:11-5.3) and a separate sentence shall be imposed upon each such conviction.
Notwithstanding the provisions of N.J.S.2C:44-5 or any other provisions of law, when the court imposes multiple sentences of imprisonment for more than one offense, those sentences shall run consecutively.
For the purposes of this section, neither knowledge of the death nor knowledge of the violation are elements of the offense and it shall not be a defense that the operator of the motor vehicle was unaware of the death or of the provisions of R.S.39:4-129.
(cf: P.L.2017, c.165, s.4)
2. This act shall take effect immediately.
STATEMENT
This bill elevates the crime of leaving the scene of an accident from a crime of the second degree to a crime of the first degree if the accident results in the death of another person.
Current law provides that a motor vehicle operator who knows he is involved in an accident and knowingly leaves the scene of that accident under circumstances that violate the law which requires that the operator (1) provide appropriate identification, (2) render assistance to any victim, and (3) when necessary, contact law enforcement, is guilty of a crime of the second degree if the accident results in the death of another person. A crime of the second degree is punishable by up to 10 years imprisonment, a fine of up to $150,000 or both.
This bill will elevate leaving the scene of an accident to a crime of the first degree if the accident results in death of another person. A crime of the first degree is punishable by up to 20 years imprisonment, a fine of up to $200,000, or both.