Bill Text: NJ S82 | 2012-2013 | Regular Session | Introduced
Bill Title: Clarifies when penalty points are to be assessed for convictions of driving in an unsafe manner.
Spectrum: Bipartisan Bill
Status: (Engrossed - Dead) 2012-12-03 - Received in the Assembly, Referred to Assembly Transportation, Public Works and Independent Authorities Committee [S82 Detail]
Download: New_Jersey-2012-S82-Introduced.html
Sponsored by:
Senator CHRISTOPHER "KIP" BATEMAN
District 16 (Hunterdon, Mercer, Middlesex and Somerset)
Senator NICHOLAS P. SCUTARI
District 22 (Middlesex, Somerset and Union)
SYNOPSIS
Clarifies when penalty points are to be assessed for convictions of driving in an unsafe manner.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel
An Act concerning assessment of points for certain motor vehicle violations and amending P.L.2000, c.75.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 1 of P.L.2000, c.75 (C.39:4-97.2) is amended to read as follows:
1. a. Notwithstanding any other provision of law to the contrary, it shall be unlawful for any person to drive or operate a motor vehicle in an unsafe manner likely to endanger a person or property.
b. A person convicted of a first offense under subsection a. shall be subject to a fine of not less than [$50.00] $50 or more than [$150.00] $150 and shall not be assessed any motor vehicle penalty points pursuant to section 1 of P.L.1982, c.43 (C.39:5-30.5).
c. A person convicted of a second offense under subsection a. shall be subject to a fine of not less than [$100.00] $100 or more than [$250.00] $250 and shall not be assessed any motor vehicle penalty points pursuant to section 1 of P.L.1982, c.43 (C.39:5-30.5).
d. A person convicted of a third [or subsequent] offense under subsection a. shall be subject to the following penalties:
(1) a fine of not less than [$200.00] $200 or more than [$500.00] $500; and [shall be assessed]
(2) assessment of motor vehicle penalty points pursuant to section 1 of P.L.1982, c.43 (C.39:5-30.5) if the person's third offense occurs within five years of a second violation of subsection a. of this section for which the person was convicted.
e. [An offense committed under this section that occurs more than five years after the prior offense shall not be considered a subsequent offense for the purpose of assessing motor vehicle penalty points under subsection d. of this section.] A person convicted of an offense under subsection a. subsequent to the third offense shall be subject to the following penalties:
(1) a fine of $500; and
(2) assessment of motor vehicle penalty points pursuant to section 1 of P.L.1982, c.43 (C.39:5-30.5) if the subsequent offense occurs within five years of a third violation, or, if the person has more than three violations, within five years of the immediately preceding violation of subsection a. of this section for which the person was convicted.
f. In addition to any fine, fee or other charge imposed pursuant to law, the court shall assess a person convicted of an offense under subsection a. of this section a surcharge of $250 which shall be collected by the court and distributed to the Division of Revenue in the Department of the Treasury as a New Jersey Merit Rating Plan surcharge pursuant to subparagraph (a) of paragraph (2) of subsection b. of section 6 of P.L.1983, c.65 (C.17:29A-35).
(cf: P.L.2004, c.69, s.1)
2. This act shall take effect immediately.
STATEMENT
This bill revises the imposition of motor vehicle penalty points for operating a motor vehicle in an unsafe manner.
Current law provides that for the first two convictions for an offense of operating a motor vehicle unsafely, the person is subject to a monetary fine. Upon the third and subsequent conviction for this offense, the person is to be assessed motor vehicle penalty points in addition to a monetary fine, except that an offense which occurs more than five years after the last offense shall not be considered a subsequent offense for the purpose of assessing motor vehicle penalty points.
The bill modifies this structure by separately prescribing that after a third conviction for unsafe operation of a vehicle, penalty points are to be assessed only if the subsequent offense occurs within five years of the third offense or, in the case of an offender with more than three previous convictions, within five years of the immediately preceding conviction. A person who has committed more than three such offenses would be subject to a fine of $500. Currently, the fine for fourth and subsequent convictions ranges from $250 to $500.
