Bill Text: NJ S4001 | 2024-2025 | Regular Session | Introduced
Bill Title: Requires prosecutors and courts to consider additional aggravating factors and habitual offender status in certain serious motor vehicle offense cases.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2025-01-14 - Introduced in the Senate, Referred to Senate Judiciary Committee [S4001 Detail]
Download: New_Jersey-2024-S4001-Introduced.html
Sponsored by:
Senator PAUL D. MORIARTY
District 4 (Atlantic, Camden and Gloucester)
SYNOPSIS
Requires prosecutors and courts to consider additional aggravating factors and habitual offender status in certain serious motor vehicle offense cases.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning habitual offenders of certain driving offenses, supplementing Title 39 of the Revised Statutes, and amending various parts of statutory law.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 1 of P.L.2004, c.95 (C.2B:25-5.1) is amended to read as follows:
1. Whenever a person is charged with a violation of R.S.39:3-10, R.S.39:3-29, R.S.39:3-40, R.S.39:4-50, section 2 of P.L.1981, c.512 (C.39:4-50.4a), [or] R.S.39:4-129, or section 5 of P.L.1982, c.85 (C.39:5-30e), a municipal prosecutor shall contact the New Jersey Motor Vehicle Commission by electronic or other means, for the purpose of obtaining an abstract of the person's driving record. In every such case, the prosecutor shall:
a. Determine, on the basis of the driving record, if the person shall be charged with enhanced penalties, including but not limited to incarceration, as a repeat offender; and
b. Determine, on the basis of the driving record, if the person is a habitual offender, having demonstrated a pattern of contemptuous disregard of the motor vehicle and traffic laws and regulations of this State, which may be argued to the court as an aggravating factor for sentencing; and
c. Transmit the abstract to the appropriate municipal court judge prior to the imposition of sentence.
(cf: P.L.2004, c.185, s.1)
2. Section 2 of P.L.2000, c.75 (C.2B:25-11) is amended to read as follows:
2. a. In accordance with the Rules of Court adopted by the Supreme Court of New Jersey or procedures promulgated by the Administrative Office of the Courts, a municipal prosecutor may recommend to the court to accept a plea to a lesser or other offense. In deciding whether to recommend a plea agreement to the court, in a case involving a habitual offender of the offenses listed in section 1 of P.L.2004, c.95 (C.2B:25-5.1), a municipal prosecutor shall:
(1) If the offense resulted in bodily injury to another person, provide the injured person an opportunity to consult with the prosecutor prior to the conclusion of any plea negotiations; and
(2) Following consultation with the victim, if applicable, determine whether it is in the interest of justice and public safety to allow a habitual offender to plead to a lesser or other offense.
b. (1) The Administrative Office of the Courts has developed and shall administer a Municipal Case Resolution Program that would allow a defendant charged with a matter falling within the jurisdiction of the municipal court to engage in online:
(a) plea negotiations with a municipal prosecutor;
(b) entry of a guilty plea; and
(c) payment of a fine or penalty.
(2) A municipal prosecutor shall use the Municipal Case Resolution Program developed by the Administrative Office of the Courts.
c. Nothing in this section shall be construed to alter or limit the authority or discretion of the Supreme Court to regulate the practice of plea agreements in municipal court, or to alter or limit the authority or discretion of a prosecutor.
(cf: P.L.2021, c.293, s.1)
3. Section 1 of P.L.1982, c.85 (C.39:5-30a) is amended to read as follows:
As used in [this act] P.L.1982, c.85 (C.39:5-30a et seq.) and P.L. , c. (pending before the Legislature as this bill):
"Habitual offender" means a person who has: his license to operate a motor vehicle suspended three times for violations occurring within a 3-year period; or been convicted three or more times for any combination of the offenses listed in section 1 of P.L.2004, c.95 (C.2B:25-5.1) within a 3-year period.
(cf: P.L.1982, c.85, s.1)
4. Section 5 of P.L.1982, c.85 (C.39:5-30e) is amended to read as follows:
Unless otherwise provided, an habitual offender convicted of operating a motor vehicle or motorized bicycle, while suspended pursuant to this act, shall pay a fine of $1,000.00 and [may] shall be sentenced to a term of imprisonment in a county jail, penitentiary, or workhouse, as the case may be, for a period of [30] 60 days, provided, however, that if the habitual offender is involved in an accident resulting in bodily injury to another, he shall, in addition to the fine, be sentenced to a term of imprisonment for not less than [45] 90 days. A penalty ordered pursuant to this section shall not run concurrently with any other penalty ordered or issued pursuant to law.
(cf: P.L.1982, c.85, s.5)
5. (New section) Notwithstanding the provisions of sections 2 and 3 of P.L.1982, c.85 (C.39:5-30b and C.39:5-30c), the municipal court or the Superior Court, as the case may be, shall, in connection with sentencing for a conviction for any offense that would cause a person to meet the definition of a habitual offender under section 1 of P.L.1982, c.85 (C.39:5-30a), order that the person be deemed to be a habitual offender subject to P.L.1982, c.85 (C.39:5-30a et seq.). The court shall notify the Motor Vehicle Commission and, upon receipt of such notice, the Motor Vehicle Commission shall make any notation on the person's driving record as necessary to effectuate the order.
6. This act shall take effect on the first day of the third month next following enactment. The Administrative Director of the Courts and the Chief Administrator of the Motor Vehicle Commission may take such anticipatory action as may be necessary for the timely implementation of this act.
STATEMENT
This bill amends the procedures applicable to plea bargaining in municipal court cases involving the offenses of unlicensed driving, driving while not in possession of a valid driver's license, driving while suspended, driving while intoxicated, driving without insurance, driving as a habitual offender, and refusal to submit to a breathalyzer test.
The bill requires municipal prosecutors, when considering whether to plea bargain such cases, to consider whether the defendant should be charged with enhanced penalties, including but not limited to incarceration, as a habitual offender. The bill also allows municipal prosecutors in these cases to consider whether a defendant's driving record demonstrates a pattern of contemptuous disregard for the traffic laws, which may be argued as an aggravating factor for sentencing. The bill further requires municipal prosecutors, in these cases that also involve bodily injury to another person, to consult with the victim before offering a plea bargain.
Finally, the bill amends the definition of "habitual offender," which carries enhanced license suspension penalties, to include persons who have been convicted three or more times within a three year period for any combination of unlicensed driving, driving while not in possession of a valid driver's license, driving while suspended, driving while intoxicated, driving without insurance, driving as a habitual offender, or refusal to submit to a breathalyzer test. Under current law, determination of a person's "habitual offender" status is made by the Chief Administrator of the Motor Vehicle Commission. Under the bill, such a determination can be made by the court.
