Bill Text: NJ A6087 | 2018-2019 | Regular Session | Introduced
Bill Title: Prohibits suspension of driving privileges and arrest for certain crimes and offenses.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2019-12-12 - Introduced, Referred to Assembly Judiciary Committee [A6087 Detail]
Download: New_Jersey-2018-A6087-Introduced.html
Sponsored by:
Assemblywoman BRITNEE N. TIMBERLAKE
District 34 (Essex and Passaic)
SYNOPSIS
Prohibits suspension of driving privileges and arrest for certain crimes and offenses.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning driver's license suspensions and amending and repealing various parts of statutory law.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 3 of P.L.1996, c.7 (C.2A:17-56.41) is amended to read as follows:
3. a. If the child support arrearage equals or exceeds the amount of child support payable for six months or court-ordered health care coverage for the child is not provided for six months, or the obligor fails to respond to a subpoena relating to a paternity or child support action, or a child support-related warrant exists, and the obligor is found to possess a license in the State and all appropriate enforcement methods to collect the child support arrearage have been exhausted, the Probation Division shall send a written notice to the obligor, by certified and regular mail, return receipt requested, at the obligor's last-known address or place of business or employment, advising the obligor that the obligor's license may be revoked or suspended unless, within 30 days of the postmark date of the notice, the obligor pays the full amount of the child support arrearage, or provides proof that health care coverage for the child has been obtained, or responds to a subpoena, or makes a written request for a court hearing to the Probation Division. [The obligor's driver's license shall be suspended by operation of law upon the issuance of a child support-related warrant.] If a child support- related warrant for the obligor exists, the professional, occupational, recreational or sporting license revocation or suspension shall be terminated if the obligor pays the full amount of the child support arrearage, provides proof that health care coverage for the child has been obtained as required by the court order, or surrenders to the county sheriff or the Probation Division.
b. If the obligor fails to take one of the actions in subsection a. of this section within 30 days of the postmark date of the notice and there is proof that service on the obligor was effective, the Probation Division shall file a certification with the court setting forth the obligor's non-compliance with the support order and the obligor's failure to respond to the written notice of the potential license suspension or revocation. If, based on the papers filed by the Probation Division, the court is satisfied that service on the obligor was effective as set forth in this section, it shall without need for further due process or hearing, enter a court order suspending or revoking all licenses held by the obligor. Upon the entry of the order, the Probation Division shall forward a copy to the obligor and all appropriate licensing authorities.
For the purposes of this section, the court may deem procedural due process requirements for notice and service of process to be met with respect to a party thereto upon delivery of written notice to the most recent residential or employer address filed with the Probation Division for that party. If a party fails to respond to a notice and no proof is available that the party received the notice, the Probation Division shall document to the court that it has made a diligent effort to locate the party by making inquiries that may include, but are not limited to: the United States Postal Service, the Division of Motor Vehicles in the Department of Transportation, the Division of Taxation in the Department of the Treasury and the Departments of Labor and Corrections. The Probation Division shall provide an affidavit to the court presenting such documentation of its diligent effort, which certifies its inability to locate the party, before any adverse action is taken based upon the party's failure to respond to the notice.
c. If the obligor requests a hearing, the Probation Division shall file a petition for a judicial hearing in accordance with section 5 of P.L.1996, c.7 (C.2A:17-56.43). The hearing shall occur within 45 days of the obligor's request. If, at or prior to the hearing, the obligor pays the full amount of the child support arrearage or provides health care coverage as ordered, or responds to the subpoena or surrenders to the county sheriff or the Probation Division, the license revocation process shall be terminated. No license revocation action shall be initiated if the Probation Division has received notice that the obligor has pending a motion to modify the child support order if that motion was filed prior to the date that the notice of the license suspension or revocation was sent by the Probation Division. The court shall consider the Probation Division's petition to revoke or suspend a license in accordance with section 5 of P.L.1996, c.7 (C.2A:17-56.43).
(cf: P.L.1998, c.1, s.28)
2. N.J.S.2C:46-2 is amended to read as follows:
2C:46-2. a. When a
defendant sentenced to pay an assessment imposed pursuant to section 2 of
P.L.1979, c.396 (C.2C:43-3.1), a penalty imposed pursuant to section 11 of
P.L.2001, c.81 (C.2C:43-3.6), a penalty imposed pursuant to section 1 of
P.L.2005, c.73 (C.2C:14-10), monthly probation fee, fine, a penalty imposed
pursuant to section 1 of P.L.1999, c.295 (C.2C:43-3.5), other court-imposed
financial obligations or to make restitution or pay child support or other
support or maintenance ordered by a court defaults in the payment thereof or of
any installment, upon the motion of the person authorized by law to collect the
payment, the motion of the prosecutor, the motion of the victim entitled to
payment of restitution, the motion of the Victims of Crime Compensation Office,
the motion of the State or county Office of Victim and
Witness Advocacy or upon its own motion, the court shall recall him, or issue a summons or a warrant of arrest for his appearance. The court shall afford the person notice and an opportunity to be heard on the issue of default. Failure to make any payment when due shall be considered a default. The standard of proof shall be by a preponderance of the evidence, and the burden of establishing good cause for a default shall be on the person who has defaulted.
(1) [If the court finds that the person has defaulted without good cause, the court shall:
(a) Order the suspension of the driver's license or the nonresident reciprocity driving privilege of the person; and
(b) Prohibit the person from obtaining a driver's license or exercising reciprocity driving privileges until the person has made all past due payments; and
(c) Notify the Chief Administrator of the New Jersey Motor Vehicle Commission of the action taken; and
(d) Take such other actions as may be authorized by law.] Deleted by amendment, P.L. , c. ) (pending before the Legislature as this bill)
(2) If the court finds that the person defaulted on payment of a court-imposed financial obligation, restitution, or child support or other support or maintenance ordered by a court without good cause and finds that the default was willful, the court may[, in addition to the action required by paragraph (1) of this subsection a.,] impose a term of imprisonment or participation in a labor assistance program or enforced community service to achieve the objective of the court-imposed financial obligation, restitution, or child support or other support or maintenance ordered by a court. [These options] This option shall not reduce the amount owed by the person in default. The term of imprisonment or enforced community service or participation in a labor assistance program [in such case] shall be specified in the order of commitment. It need not be equated with any particular dollar amount but, in the case of a fine it shall not exceed one day for each $50 of the fine nor shall it exceed a period of 90 consecutive days. In no case shall the total period of imprisonment in the case of a disorderly persons offense for both the sentence of imprisonment and for failure to pay a fine exceed six months.
(3) Except where incarceration is ordered pursuant to paragraph (2) of [this] subsection a. of this section, if the court finds that the person has defaulted the court may take one or more of the following actions:
(a) the court shall take appropriate action to modify or establish a reasonable schedule for payment;
(b) in the case of a fine, if the court finds that the circumstances that warranted the fine have changed or that it would be unjust to require payment, the court may revoke or suspend the fine or the unpaid portion of the fine; or
(c) if the defendant has served jail time for default on a court-imposed financial obligation, the court may order that credit for each day of confinement be given against the amount owed. The amount of the credit shall be determined at the discretion of the court but shall be not less than $50 for each day of confinement served.
(4) When failure to pay an assessment imposed pursuant to section 2 of P.L.1979, c.396 (C.2C:43-3.1), monthly probation fee, restitution, a penalty imposed pursuant to section 1 of P.L.1999, c.295 (C.2C:43-3.5), a penalty imposed pursuant to section 11 of P.L.2001, c.81 (C.2C:43-3.6), a penalty imposed pursuant to section 1 of P.L.2005, c.73 (C.2C:14-10), or other financial penalties or to perform enforced community service or to participate in a labor assistance program is determined to be willful, the failure to do so shall be considered to be contumacious.
(5) When a fine, assessment imposed pursuant to section 2 of P.L.1979, c.396 (C.2C:43-3.1), other financial penalty or restitution is imposed on a corporation, it is the duty of the person or persons authorized to make disbursements from the assets of the corporation or association to pay it from such assets and their failure so to do may be held to be contumacious.
b. Upon any default in the payment of a fine, assessment imposed pursuant to section 2 of P.L.1979, c.396 (C.2C:43-3.1), monthly probation fee, a penalty imposed pursuant to section 1 of P.L.1999, c.295 (C.2C:43-3.5), a penalty imposed pursuant to section 11 of P.L.2001, c.81 (C.2C:43-3.6), a penalty imposed pursuant to section 1 of P.L.2005, c.73 (C.2C:14-10), other financial penalties, restitution, or any installment thereof, execution may be levied and such other measures may be taken for collection of it or the unpaid balance thereof as are authorized for the collection of an unpaid civil judgment entered against the defendant in an action on a debt.
c. Upon any default in the payment of restitution or any installment thereof, the victim entitled to the payment may institute summary collection proceedings authorized by subsection b. of this section.
d. Upon any default in the payment of an assessment imposed pursuant to section 2 of P.L.1979, c.396 (C.2C:43-3.1) or any installment thereof, the Victims of Crime Compensation Office or the party responsible for collection may institute summary collection proceedings authorized by subsection b. of this section.
e. When a defendant sentenced to make restitution to a public entity other than the Victims of Crime Compensation Office, defaults in the payment thereof or any installment, the court may, in lieu of other modification of the sentence, order the defendant to perform work in a labor assistance program or enforced community service program.
f. If a defendant ordered to participate in a labor assistance program or enforced community service program fails to report for work or to perform the assigned work, the comprehensive enforcement hearing officer may revoke the work order and impose any sentence permitted as a consequence of the original conviction.
g. If a defendant ordered to participate in a labor assistance program or an enforced community service program pays all outstanding assessments, the comprehensive enforcement hearing officer may review the work order, and modify the same to reflect the objective of the sentence.
h. As used in this section:
(1) "Comprehensive enforcement program" means the program established pursuant to the "Comprehensive Enforcement Program Fund Act," sections 1 through 9 of P.L.1995, c.9 (C.2B:19-1 et seq.).
(2) The terms "labor assistance program" and "enforced community service" have the same meaning as those terms are defined in section 5 of the "Comprehensive Enforcement Program Fund Act," P.L.1995, c.9 (C.2B:19-5).
(3) "Public entity" means the State, any county, municipality, district, public authority, public agency and any other political subdivision or public body in the State.
(4) "Court-imposed financial obligation" means any fine, statutorily-mandated assessment, surcharge, or other financial penalty imposed by a court, but does not include restitution or child support or other support or maintenance ordered by a court.
(cf: P.L.2013, c.180, s.1)
3. Section 6 of P.L.1983, c.65 (C.17:29A-35) is amended to read as follows:
6. a. (Deleted by amendment, P.L.1997, c.151.)
b. There is created a Motor Vehicle Violations Surcharge System which shall apply to all drivers and shall include, but not be limited to, the following provisions:
(1) (a) Surcharges shall
be levied, beginning on or after January 1, 1984, by the New Jersey Motor
Vehicle Commission (hereinafter the "commission") established by
section 4 of P.L.2003, c.13 (C.39:2A-4) on any driver who, in the preceding
36-month period, has accumulated six or more motor vehicle points, as provided
in Title 39 of the Revised Statutes; except that the allowance for a reduction
of points in Title 39 of the Revised Statutes shall not apply for the purpose
of determining surcharges under this paragraph. The accumulation of points
shall be calculated as of the date the point violation is posted to the driver
history record and shall be levied pursuant to rules promulgated by
the commission. Surcharges assessed pursuant to this paragraph shall be [$150.00] $150 for six points, and [$25.00] $25 for each additional point. No offense shall be selected for billing which occurred prior to February 10, 1983. No offense shall be considered for billing in more than three annual assessments.
(b) (Deleted by amendment, P.L.1984, c.1.)
(2) (a) Surcharges shall be levied pursuant to subsection f. of section 1 of P.L.2000, c.75 (C.39:4-97.2) for each offense of unsafe driving under subsection a. of that section.
(b) Surcharges shall be levied for convictions (i) under R.S.39:4-50 for violations occurring on or after February 10, 1983, and (ii) under section 2 of P.L.1981, c.512 (C.39:4-50.4a), or for offenses committed in other jurisdictions of a substantially similar nature to those under R.S.39:4-50 or section 2 of P.L.1981, c.512 (C.39:4-50.4a), for violations occurring on or after January 26, 1984. Except as hereinafter provided, surcharges under this subparagraph (b) shall be levied annually for a three-year period, and shall be [$1,000.00] $1,000 per year for each of the first two convictions, for a total surcharge of $3,000 for each conviction, and [$1,500.00] $1,500 per year for the third conviction occurring within a three-year period, for a total surcharge of $4,500 for the third conviction. If a driver is convicted under both R.S.39:4-50 and section 2 of P.L.1981, c.512 (C.39:4-50.4a) for offenses arising out of the same incident, the driver shall be assessed only one surcharge for the two offenses.
[If, upon written notification from the commission or its designee, mailed to the last address of record with the commission, a driver fails to pay a surcharge levied under this section and collectible by the commission, the driving privilege of the driver shall be suspended forthwith until at least five percent of each outstanding surcharge assessment that has resulted in suspension is paid to the commission; except that the commission may authorize payment of the surcharge on an installment basis over a period of 12 months for assessments under $2,300 or 24 months for assessments of $2,300 or more.] The commission, for good cause, may authorize payment of any surcharge on an installment basis over a period not to exceed 36 months. If a driver fails to pay the surcharge or any installments on the surcharge, the total surcharge shall become due immediately, except as otherwise prescribed by rule of the commission.
The commission may authorize any person to pay the surcharge levied under this section and collectible by the commission by use of a credit card, debit card or other electronic payment device, and the administrator is authorized to require the person to pay all costs incurred by the commission in connection with the acceptance of the credit card, debit card or other electronic payment device. If a surcharge or related administrative fee is paid by credit or debit cards or any other electronic payment device and the amount is subsequently reversed by the credit card company or bank, [the driving privilege of the surcharged driver shall be suspended and] the driver shall be subject to the fee imposed for dishonored checks pursuant to section 31 of P.L.1994, c.60 (C.39:5-36.1).
In addition to any other
remedy provided by law, the commission is authorized to utilize the provisions
of the SOIL (Set off of Individual Liability) program established pursuant to
P.L.1981, c.239 (C.54A:9-8.1 et seq.) to collect any surcharge levied under
this section and collectible by the commission that is unpaid on or after the
effective date of this act. As an additional remedy, the commission may issue a
certificate to the Clerk of the Superior Court stating that the person identified
in the certificate is indebted under this surcharge law in such amount as shall
be stated in the certificate. The certificate shall reference the statute
under which the indebtedness arises. Thereupon the clerk to whom such
certificate shall have been issued shall immediately enter upon the record of
docketed judgments the name of such person as debtor; the State as creditor;
the address of such person, if shown in the certificate; the amount of the debt
so certified; a reference to the statute under which the surcharge is assessed,
and the date of making such entries. The docketing of the entries shall have
the same force and effect as a civil judgment docketed in the Superior Court,
and the commission shall have all the remedies and may take all of the
proceedings for the collection thereof which may be had or taken upon the
recovery of a judgment in an action, but without prejudice to any right of
appeal. Upon entry by the clerk of the certificate in the record of docketed
judgments in accordance with this provision, interest in the amount specified
by the court rules for post-judgment interest shall accrue from the date of the
docketing of the certificate, however payment of the interest may be waived by
the commission or its designee. In the event that the surcharge remains unpaid
following the issuance of the certificate of debt and the commission takes any
further collection action including referral of the matter to the Attorney
General or his designee, the fee imposed, in lieu of the actual cost of
collection, may be 20 percent of surcharges of $1,000 or more. The
administrator or his designee may establish a sliding scale, not to exceed a
maximum amount of $200, for surcharge principal amounts of less than $1,000 at
the time the certificate of debt is forwarded to the Superior Court for
filing. The commission shall provide written notification to a driver of the
proposed filing of the certificate of debt at least 10 days prior to the
proposed filing; such notice shall be mailed to the driver's last address of
record with the commission. Upon the filing of a certificate of debt with the
Clerk of the Superior Court, the surcharged driver shall not be eligible for
the restoration of his driving privilege until at least five percent of each
outstanding
surcharge assessment that has resulted in the suspension, including interest and costs, if any, is paid to the commission. If a certificate of debt is satisfied following a credit card payment, debit card payment or payment by other electronic payment device and that payment is reversed, a new certificate of debt shall be filed against the surcharged driver unless the original is reinstated.
If the administrator or his designee approves a special payment plan, of such duration as the administrator or his designee deems appropriate, for repayment of the certificate of debt, and the driver is complying with the approved plan, the plan may be continued for any new surcharge not part of the certificate of debt.
All moneys collectible by the commission under subparagraph (b) of paragraph (2) of this subsection b. shall be billed and collected by the commission except as provided in P.L.1997, c.280 (C.2B:19-10 et al.) for the collection of unpaid surcharges. Commencing on September 1, 1996, or such earlier time as the Commissioner of Banking and Insurance shall certify to the State Treasurer that amounts on deposit in the New Jersey Automobile Insurance Guaranty Fund are sufficient to satisfy the current and anticipated financial obligations of the New Jersey Automobile Full Insurance Underwriting Association, all surcharges collected by the commission under subparagraph (b) of paragraph (2) of this subsection b. shall be remitted to the Division of Motor Vehicles Surcharge Fund:
(i) for transfer to the Market Transition Facility Revenue Fund, as provided in section 12 of P.L.1994, c.57 (C.34:1B-21.12), for the purposes of section 4 of P.L.1994, c.57 (C.34:1B-21.4) until such a time as all the Market Transition Facility bonds, notes and obligations and all Motor Vehicle Commission bonds, notes and obligations issued pursuant to that section 4 of P.L.1994, c.57 (C.34:1B-21.4) and the costs thereof are discharged and no longer outstanding; and
(ii) from and after the date
of certification by the Commissioner of Banking and Insurance that the moneys
collectible under subparagraph (b) of paragraph (2) of this subsection b. are
no longer needed to fund the association or at such time as all Market
Transition Facility bonds, notes and obligations and all Motor Vehicle
Commission bonds, notes and obligations issued pursuant to section 4 of
P.L.1994, c.57 (C.34:1B-21.4) and the costs thereof are discharged and no
longer outstanding, for transfer to the Motor Vehicle Surcharges Revenue Fund
established pursuant to section 6 of the "Motor Vehicle Surcharges
Securitization Act of 2004," P.L.2004, c.70 (C.34:1B-21.28) to be applied
as set forth in section 6 that act. From and after such time as all bonds
issued under section 4 of the "Motor Vehicle Surcharges Securitization Act
of 2004," P.L.2004, c.70 (C.34:1B-21.26) and the costs thereof are
discharged and no longer outstanding, all surcharges collected by
the commission under subparagraph (b) of paragraph (2) of this subsection b. shall, subject to appropriation, be remitted to the New Jersey Property-Liability Insurance Guaranty Association created pursuant to section 6 of P.L.1974, c.17 (C.17:30A-6) to be used for payment of any loans made by that association to the New Jersey Automobile Insurance Guaranty Fund pursuant to paragraph (10) of subsection a. of section 8 of P.L.1974, c.17 (C.17:30A-8); provided that all such payments shall be subject to and dependent upon appropriation by the State Legislature.
All surcharges collected by the courts pursuant to subparagraph (a) of paragraph (2) of this subsection b. shall be forwarded not less frequently than monthly to the Division of Revenue. The Division of Revenue shall transfer: all such surcharges received prior to July 1, 2006, to the General Fund, and commencing July 1, 2006, all such surcharges to the Unsafe Driving Surcharge Revenue Fund established pursuant to section 5 of the "Motor Vehicle Surcharges Securitization Act of 2004," P.L.2004, c.70 (C.34:1B-21.27) to be applied as set forth in section 5 of that act. From and after such time as all bonds (including refunding bonds), notes and other obligations issued under section 4 of the "Motor Vehicle Surcharges Securitization Act of 2004," P.L.2004, c.70 (C.34:1B-21.26), and the costs thereof are discharged and no longer outstanding, all such surcharges collected by the courts pursuant to subparagraph (a) of paragraph (2) of this subsection b. and forwarded to the Division of Revenue shall be transferred to the General Fund.
Upon request, the Administrative Office of the Courts shall provide a monthly report to the Division of Revenue containing information on the number of convictions for the offense of unsafe driving pursuant to section 1 of P.L.2000, c.75 (C.39:4-97.2) that were entered during such month, the amount of the surcharges that were assessed by the courts pursuant to subsection f. of section 1 of P.L.2000, c.75 (C.39:4-97.2) for such month, and the amount of the surcharges collected by the courts pursuant to subsection f. of section 1 of P.L.2000, c.75 (C.39:4-97.2) during such month.
(3) In addition to any other
authority provided in P.L.1983, c.65 (C.17:29A-33 et al.), the commissioner,
after consultation with the commission, is specifically authorized (a) (Deleted
by amendment, P.L.1994, c.64), (b) to impose, in accordance with subparagraph
(a) of paragraph (1) of this subsection b., surcharges for motor vehicle
violations or convictions for which motor vehicle points are not assessed under
Title 39 of the Revised Statutes, or (c) to reduce the number of points for
which surcharges may be assessed below the level provided in subparagraph (a)
of paragraph (1) of this subsection b., except that the dollar amount of all
surcharges levied under the Motor Vehicle Violations Surcharge System shall be
uniform on a Statewide basis for each filer, without regard to classification
or territory. Surcharges adopted by the commissioner
on or after January 1, 1984 for motor vehicle violations or convictions for which motor vehicle points are not assessable under Title 39 of the Revised Statutes shall not be retroactively applied but shall take effect on the date of the New Jersey Register in which notice of adoption appears or the effective date set forth in that notice, whichever is later.
c. No motor vehicle violation surcharges shall be levied on an automobile insurance policy issued or renewed on or after January 1, 1984, except in accordance with the Motor Vehicle Violations Surcharge System, and all surcharges levied thereunder shall be assessed, collected and distributed in accordance with subsection b. of this section.
d. (Deleted by amendment, P.L.1990, c.8.)
e. The Commissioner of Banking and Insurance and the commission as may be appropriate, shall adopt any rules and regulations necessary or appropriate to effectuate the purposes of this section.
(cf: P.L.2007, c.282, s.1)
4. Section 5 of P.L.1985, c.14 (C.39:4-139.6) is amended to read as follows:
5. The municipal court shall immediately upon expiration of time to answer or appear, with respect to residents of New Jersey, follow the procedures set forth in R.7:6-3(a) of the Rules Governing the Courts of the State of New Jersey. These procedures include the mailing of a notice of offense or a failure to appear notice to defendant. That notice shall be on a form approved by the Administrative Director of the Courts and shall inform the defendant of the parking offense charged; the time and date of the parking offense; the amount of fines, penalties, and costs due; of [his] the defendant's right to have a hearing; that a civil judgment may be entered against [him] the defendant for failure to appear or pay the amount due; and that [his driver's license] the defendant's motor vehicle registration may be suspended; [that his driving privileges may be revoked; and that a warrant may be issued for his arrest] and that the defendant's vehicle may be impounded, immobilized, or sold at public auction pursuant to section 12 of P.L.1985, c.14 (C.39:4-139.13).
The procedures set forth in R. 7:6-3(c) of the Rules Governing the Courts of the State of New Jersey shall be followed in the case of a nonresident.
(cf: P.L.1985, c.14, s.5)
5. Section 9 of P.L.1985, c.14 (C.39:4-139.10) is amended to read as follows:
9. a. If a person has failed to respond to a failure to appear notice or has failed to pay a parking judgment, the municipal court may give notice of that fact to the commission in a manner prescribed by the chief administrator. If notice has been given under this section of a person's failure to respond to a failure to appear notice or to pay a parking judgment and if the fines and penalties are paid or if the case is dismissed or otherwise disposed of, the municipal court shall promptly give notice to that effect to the commission.
b. The judge or the commission may suspend [the driver's license, or] the registration of the motor vehicle of an owner, lessee, or operator who has not answered or appeared in response to a failure to appear notice or has not paid or otherwise satisfied outstanding parking fines or penalties.
If the [license or] registration suspension is the result of the failure to pay outstanding parking fines or penalties, or respond to a failure to appear notice, the commission shall:
(1) delay the imposition of the [license or] registration suspension for at least [30] 90 days after the date on which the commission received a notice of suspension from the municipal court; and
(2) upon receipt of a notice of suspension from the municipal court, provide written notice advising the owner, lessee, or operator that the suspension shall take effect [30] 90 days after the date of the commission's notice. The written notice issued by the commission shall provide the reason for suspension, identify the municipal court that issued the notice of suspension, and inform the owner, lessee, or operator that the suspension may be avoided by contacting the municipal court that issued the notice of suspension within the [30] 90 day period to resolve the pending parking violation.
If an owner, lessee or operator has been found guilty of a parking offense and has failed to pay or otherwise satisfy outstanding parking fines or penalties, the court shall provide notice and an opportunity to appear before a judge prior to suspending that person's [driver's license or] motor vehicle registration. In determining whether to suspend the person's [driver's license or the] motor vehicle registration, the judge and the commission shall take into consideration the area where the person resides and whether or not the person has access to off-street parking. In accordance with section 1 of P.L.1981, c.365 (C.39:4-203.1) and section 1 of P.L.2009, c.317 (C.2B:12-23.1), a court may permit alternatives to the payment of certain outstanding portions of parking fines and penalties based on a person's ability to pay, including allowing the payment of the fine in installments, conversion of the fine to community service, or revoking portions of the fine or penalty.
When a person whose [license or] registration has been suspended appears at court proceedings or otherwise resolves pending parking violations, or pays or otherwise satisfies all parking fines or penalties, the municipal court shall provide the person with a receipt of payment and shall give electronic notice to the commission that the person's obligations have been satisfied and the suspension ordered by the court shall not be imposed. If, prior to the effective date of the suspension by the commission, the person submits the receipt of payment to the commission or the commission receives the electronic notice stating that the person's obligations have been satisfied, the commission shall not suspend the person's [license or] registration. If the commission receives the receipt or electronic notice after the effective date of the suspension, the person shall seek the restoration of the [license or] registration through procedures adopted by the commission.
c. The commission shall keep a record of a suspension ordered by the court pursuant to subsection b. of this section.
(cf: P.L.2017, c.75, s.1)
6. Section 1 of P.L.1999, c.423 (C.39:4-139.10a) is amended to read as follows:
1. In any parking case, if the municipal court fails, within three years of the date of the violation, to either issue [a warrant for the defendant's arrest, or to] an order for a suspension of the defendant's [driving privileges] motor vehicle registration, or the defendant's non-resident reciprocity privileges, or prohibit the person from receiving or obtaining [driving privileges] a motor vehicle registration, the matter shall be dismissed and shall not be reopened.
(cf: P.L.1999, c.423, s.1)
7. Section 10 of P.L.1985, c.14 (C.39:4-139.11) is amended to read as follows:
10. a. When a person whose license or motor vehicle registration has been suspended pursuant to [subsection b. of section 9 of] the "Parking Offenses Adjudication Act," P.L.1985, c.14 [(C.39:4-139.10)] (C.39:4-139.1 et seq.) satisfies the fines and any penalties imposed by the court, the court shall forward to the commission a notice to restore the person's driver's license or motor vehicle registration.
b. Upon receiving a notice to restore pursuant to subsection a. of this section, the commission shall record the restoration and notify the person of the restoration.
Nothing in this section shall be construed to authorize the suspension of a person's driver's license pursuant to the "Parking Offenses Adjudication Act," P.L.1985, c.14 (C.39:4-139.1 et seq.) after the effective date of P.L. , c. (pending before the Legislature of this bill).
(cf: P.L.2007, c.280, s.2)
8. Section 11 of P.L.1985, c.14 (C.39:4-139.12) is amended to read as follows:
11. There shall be included in the fines and penalties imposed by the court on a person whose license has been suspended pursuant to [subsection b. of section 9 of this act] the "Parking Offenses Adjudication Act," P.L.1985, c.14 (C.39:4-139.1 et seq.) a fee of $3.00 which shall be transferred by the court to the division. All fees so transferred shall be deposited in a fund established to effectuate the purposes of [this act] the "Parking Offenses Adjudication Act," P.L.1985, c.14 (C.39:4-139.1 et seq.).
Nothing in this section shall be construed to authorize the suspension of a person's driver's license pursuant to the "Parking Offenses Adjudication Act," P.L.1985, c.14 (C.39:4-139.1 et seq.) after the effective date of P.L. , c. (pending before the Legislature of this bill).
(cf: P.L.1985, c.14, s.11)
9. Section 27 of P.L.1952, c.174 (C.39:6-87) is amended to read as follows:
27. Registration, etc. not restored until fund is reimbursed.
Where the license or privileges of any person, or the registration of a motor vehicle registered in [his] the person's name, has been suspended or cancelled under the Motor Vehicle Security-Responsibility Law of this State, and the association has paid from the fund any amount in settlement of a claim or towards satisfaction of a judgment against that person, or for the payment of personal injury protection benefits as provided in section 7 and section 10 of [this act] P.L.1952, c.174 (C.39:6-67 and C.39:6-70), the cancellation or suspension shall not be removed, nor the license, privileges, or registration restored, nor shall any new license or privilege be issued or granted to, or registration be permitted to be made by, that person until [he] the person has:
(a) [Repaid in full to the association the amount so paid by him together with interest thereon at 8% per annum from the date of such payment] (deleted by amendment, P.L. , c. ) (pending before the Legislature as this bill); and
(b) Satisfied all requirements of [said] the Motor Vehicle Security-Responsibility Law in respect of giving proof of ability to respond in damages for future accidents, provided, that the court in which [such] the judgment was rendered may, upon 10 days' notice to the association, make an order permitting payment of the amount of [such] the person's indebtedness to the fund, to be made in installments, or in the event the fund makes personal injury protection benefit payments, [such] the person and the fund by agreement may provide for repayment to the fund to be made in installments, and in such case, [such] the person's driver's license, or [his] driving privileges, or registration certificate, if the same have been suspended or revoked, or have expired, may be restored or renewed and shall remain in effect unless and until [such] the person defaults in making any installment payment specified in [such] the order. In the event of [any such] a default, the New Jersey Motor Vehicle Commission [shall] may upon notice of [such] the default suspend [such] the person's driver's license, or driving privileges or registration certificate until the amount of [his] the person's indebtedness to the fund has been paid in full.
(cf: P.L.2003, c.89, s.32)
10. The following sections are repealed:
N.J.S.2B:12-31; and
section 2 of P.L.1981, c.365 (C.39:4-203.2).
11. This act shall take effect immediately.
STATEMENT
This bill eliminates mandatory driver's license suspension as a penalty for various crimes and offenses unrelated to safely operating a motor vehicle.
The bill eliminates driver's license suspension as a penalty for convictions of the following crimes and offenses:
-crimes for which certain fines, assessments, or restitution are imposed and the defendant is in default without good cause (suspension until past payments are made);
-failure to pay motor vehicle violation surcharges (suspension until eight percent of the outstanding surcharges is paid or an installment payment plan is established);
-failure to respond to a failure to appear notice or failure to pay a parking judgment (suspension until payment is satisfied);
-failure to appear in municipal court (suspension until matter is adjudicated) or failure to satisfy a condition of the sentence, such as pay an assessed fine or perform community service (suspension until condition is satisfied);
-failure of an indigent defendant to comply with terms of an installment payment plan for a motor vehicle traffic violation or parking offense;
-defaulting on certain financial obligations to the Unsatisfied Claim and Judgment Fund (until repaid); and
-failure to pay child support upon the issuance of a child support-related warrant. The court retains discretion to suspend the person's driver's license if, after notice and a hearing, the court finds that suspension is warranted.
The bill also prohibits the use of arrest as a penalty for unpaid parking tickets and requires the court to notify a defendant who has failed to pay outstanding parking tickets or failed to appear that the penalties for such actions include suspension of motor vehicle registration or the impoundment, immobilization, or possible sale of the person's motor vehicle. The bill also delays the period that a municipality may impound, immobilize, or authorize the sale of a motor vehicle for unpaid parking tickets from 30 days to 90 days.
