Bill Text: NJ S330 | 2016-2017 | Regular Session | Introduced
Bill Title: Requires police vehicles to be equipped with Global Positioning System tag devices.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2016-01-12 - Introduced in the Senate, Referred to Senate Law and Public Safety Committee [S330 Detail]
Download: New_Jersey-2016-S330-Introduced.html
STATE OF NEW JERSEY
217th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2016 SESSION
Sponsored by:
Senator NICHOLAS P. SCUTARI
District 22 (Middlesex, Somerset and Union)
SYNOPSIS
Requires police vehicles to be equipped with Global Positioning System tag devices.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel.
An Act concerning equipment on police vehicles, supplementing chapter 14 of Title 40A of the New Jersey Statutes, and amending P.L.1991, c.83.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. (New section) Every new or used police vehicle purchased, leased, or otherwise acquired on or after the effective date of P.L. , c. (C. ) (pending before the legislature as this bill) which primarily is used for traffic stops shall be equipped with a Global Positioning System tag device. As used in this section, a "Global Positioning System tag device" means a device comprised of a compressed-air launcher, mounted behind the grille of a police vehicle, that employs a laser to target a vehicle and deploys a Global Positioning tag onto that vehicle.
2. Section 1 of P.L.1991, c.83 (C.2C:20-2.1) is amended to read as follows:
1. a. In addition to any other disposition authorized by law, a person convicted under the provisions of this chapter of theft or unlawful taking of a motor vehicle shall be subject:
(1) For the first offense, to a penalty of [$500.00] $1,000 and to the suspension or postponement of the person's license to operate a motor vehicle over the highways of this State for a period of one year.
(2) For a second offense, to a penalty of [$750.00] $1,500 and to the suspension or postponement of the person's license to operate a motor vehicle over the highways of this State for a period of two years.
(3) For a third or subsequent offense, to a penalty of [$1,000.00] $2,000, and to the suspension or postponement of the person's license to operate a motor vehicle over the highways of this State for 10 years.
b. The suspension or postponement of the person's license to operate a motor vehicle pursuant to subsection a. of this section shall commence on the day the sentence is imposed. In the case of any person who at the time of the imposition of sentence is less than 17 years of age, the period of the suspension of driving privileges authorized herein, including a suspension of the privilege of operating a motorized bicycle, shall commence on the day the sentence is imposed and shall run for a period as fixed by the court of one year for a first offense, two years for a second offense or 10 years for a third offense calculated from the day after the day the person reaches the age of 17 years. If the driving privilege of any person is under revocation, suspension, or postponement for a violation of any provision of this Title or Title 39 of the Revised Statutes at the time of any conviction or adjudication of delinquency for a violation of any offense defined in this chapter or chapter 36 of this Title, the revocation, suspension, or postponement period imposed herein shall commence as of the date of termination of the existing revocation, suspension, or postponement.
Upon conviction the court shall collect forthwith the New Jersey driver's licenses of the person and forward such license or licenses to the Director of the Division of Motor Vehicles along with a report indicating the first and last day of the suspension or postponement period imposed by the court pursuant to this section. If the court is for any reason unable to collect the license or licenses of the person, the court shall cause a report of the conviction or adjudication of delinquency to be filed with the director. That report shall include the complete name, address, date of birth, eye color, and sex of the person and shall indicate the first and last day of the suspension or postponement period imposed by the court pursuant to this section. The court shall inform the person orally and in writing that if the person is convicted of personally operating a motor vehicle during the period of license suspension or postponement imposed pursuant to this section the person shall, upon conviction, be subject to the penalties set forth in R.S.39:3-40. A person shall be required to acknowledge receipt of the written notice in writing. Failure to receive a written notice or failure to acknowledge in writing the receipt of a written notice shall not be a defense to a subsequent charge of a violation of R.S.39:3-40. If the person is the holder of a driver's license from another jurisdiction, the court shall not collect the license but shall notify the director who shall notify the appropriate officials in the licensing jurisdiction. The court shall, however, in accordance with the provisions of this section, revoke the person's non-resident driving privileges in this State.
c. All penalties provided for in this section shall be collected as provided for the collection of fines and restitutions in section 3 of P.L.1979, c.396 (C.2C:46-4), and shall be distributed in accordance with the provisions of N.J.S.2C:64-6 as if the collected monies were the proceeds of property forfeited pursuant to the provisions of chapter 64. However, 50 percent of the distributed monies are to be used for law enforcement activities related to auto theft and 50 percent are to be used to equip police vehicles with Global Positioning System tag devices as required by section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill).
(cf: P.L.1993, c.219, s.4)
3. (New section) The Attorney General shall adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), rules and regulations to effectuate the provisions of P.L. , c. (C. ) (pending before the Legislature as this bill).
4. This act shall take effect on the first day of the sixth month following enactment, but the Attorney General may take such administrative action in advance as shall be necessary for the implementation of this act.
STATEMENT
This bill requires all police vehicles in this State that are used for traffic stops to be equipped with a Global Positioning System (GPS) tag device.
Specifically, the bill requires every new or used police vehicle purchased, leased, or otherwise acquired after the bill goes into effect which primarily is used for traffic stops to be equipped with a GPS tag device. A GPS tag device is defined in the bill as "a device comprised of a compressed-air launcher, mounted behind the grille of a police vehicle, that employs a laser to target a vehicle and deploys a Global Positioning System tag onto that vehicle."
GPS tag devices reduce the need for dangerous high-speed chases when a suspect attempts to flee from police. When a police officer activates the launcher, the device uses a laser to target the suspect's vehicle and shoots a GPS cartridge in the form of a dart which sticks to the fleeing vehicle. Once the vehicle is "tagged," the GPS module relays the vehicle's coordinates to police, allowing them to track the vehicle's movements without engaging in a high speed chase.
The bill also doubles certain additional fines currently imposed on persons convicted of theft or unlawful taking of a motor vehicle. The current fine is $500 for a first offense, $750 for a second offense, and $1,000 for a third or subsequent offense. These fines are used for law enforcement activities related to auto theft. The bill doubles these fines to $1,000, $1,500, and $2,000, respectively, and directs the additional fine monies to be used to purchase Global Positioning System tag devices for police vehicles.
According to the National Highway Traffic Safety Administration, approximately 360 people, including suspects, police officers, and bystanders, are killed annually as a result of high-speed police chases. Equipping police vehicles with these GPS tag devices can alleviate this unnecessary loss of life and other injuries and property damage.
