Bill Text: NJ A801 | 2012-2013 | Regular Session | Introduced

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Bill Title: Restricts access to motor vehicle accident reports under certain circumstances.*

Spectrum: Bipartisan Bill

Status: (Engrossed - Dead) 2012-10-25 - Received in the Senate without Reference, 2nd Reading [A801 Detail]

Download: New_Jersey-2012-A801-Introduced.html

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ASSEMBLY, No. 801

STATE OF NEW JERSEY

215th LEGISLATURE

 

PRE-FILED FOR INTRODUCTION IN THE 2012 SESSION

 

 

Sponsored by:

Assemblywoman  NANCY F. MUNOZ

District 21 (Morris, Somerset and Union)

 

 

 

 

SYNOPSIS

     Bars solicitation of professional employment for 30 days after date of accident or disaster under certain circumstances.

 

CURRENT VERSION OF TEXT

     As introduced.

  

An Act concerning certain solicitations and amending P.L.1999, c.325.

 

     Be It Enacted by the Senate and General Assembly of the State of New Jersey:

    

     1. Section 1 of P.L.1999, c.325 (C.2C:40A-4) is amended to read as follows:

     1. a. No person shall solicit professional employment from an accident or disaster victim or an accident or disaster victim's relative concerning an action for personal injury or wrongful death involving that accident or disaster victim for a period of 30 days after the date on which the accident or disaster occurred.  No person shall solicit professional employment from, or contact, a person whose name, address or other personal information was obtained from a public record of a motor vehicle accident for a period of 30 days after the date on which the accident occurred.

     b.  Subsection a. of this section shall not apply if the accident or disaster victim, or his relative, or person whose personal information was obtained from a public record of a motor vehicle accident, as the case may be, had a previous professional business relationship with the professional or if such person initiated the contact with the professional.

     c. Subsection a. of this section shall not apply to recommendations or referrals by past or present clients or patients, friends, relatives or other individuals relying on the reputation of the professional, provided the recommendation or referral is not made for value.

     d.  Subsection a. of this section shall not apply to any solicitation through advertising which is not directed to the victim or victims of a specific accident or disaster.

     e.  Subsection a. of this section shall not apply to emergency medical care.

     f.  For the purposes of this section:

     "Professional employment" means services rendered by a [physician, chiropractor or other health care professional] person licensed, certified, or otherwise permitted by law or regulation to practice a profession or occupation.

     "Solicit" means to contact a person with a request or plea, which is made in person, by telephone [or], by other electronic medium, or by any writing.

     g.  A person who violates the provisions of this section, and who acts with intent to accept money or something of value for his services, shall be guilty of a crime of the third degree.

(cf: P.L.1999, c.325, s.1)

     2.  This act shall take effect immediately and shall apply to solicitations of professional employment occurring on or after the effective date.

 

 

STATEMENT

 

     Currently, N.J.S.A.2C:40A-4 bars solicitations of "professional employment" from an accident or disaster victim or the victim's relative concerning an action for personal injury or wrongful death for a period of 30 days after the date of the accident or disaster. The definition of "professional employment" is "services rendered by a physician, chiropractor or other health care professional."

     This bill would expand the definition of "professional employment." Under the bill, the term would include any person licensed, certified, or otherwise permitted by law or regulation to practice a profession or occupation.  In addition, the bill expands the types of conduct encompassed by the 30-day ban.  Currently, "solicit" means "to contact a person with a request or plea, which is made in person, by telephone or other electronic medium."  Under the bill, "solicit" would also include contact by any writing.

     The bill also provides that no person shall solicit professional employment from, or contact, a person whose name, address or other personal information was obtained from a public record of a motor vehicle accident for a period of 30 days after the date on which the accident occurred.

     The bill would take effect immediately and apply to solicitations of professional employment occurring on or after the effective date.