Bill Text: NJ S490 | 2022-2023 | Regular Session | Introduced

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Bill Title: Provides that leaving scene of motor vehicle accident is crime of first degree if accident results in death of another person.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2022-01-11 - Introduced in the Senate, Referred to Senate Law and Public Safety Committee [S490 Detail]

Download: New_Jersey-2022-S490-Introduced.html

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SENATE, No. 490

STATE OF NEW JERSEY

220th LEGISLATURE

 

PRE-FILED FOR INTRODUCTION IN THE 2022 SESSION

 

 

Sponsored by:

Senator  JOSEPH P. CRYAN

District 20 (Union)

 

 

 

 

SYNOPSIS

     Provides that leaving scene of motor vehicle accident is crime of first degree if accident results in death of another person.

 

CURRENT VERSION OF TEXT

     Introduced Pending Technical Review by Legislative Counsel.

  

An Act concerning certain motor vehicle accidents 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 upgrades the penalties for leaving the scene of a motor vehicle accident which results in a person's death.  

     Under current law, a motor vehicle operator involved in an accident resulting in the death of another person who knowingly leaves the accident scene is guilty of a crime of the second degree.  Second degree crimes generally are punishable by a term of imprisonment of five to 10 years, a fine of up to $150,000, or both.

     This bill upgrades this offense to a crime of the first degree when the accident results in another person's death.  First degree crimes generally are punishable by a term of imprisonment of 10 to 20 years, a fine of up to $200,000, or both.