Bill Text: NJ S1167 | 2018-2019 | Regular Session | Introduced


Bill Title: Authorizes court to impose rescue operation costs of public entity under certain circumstances.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2018-01-25 - Introduced in the Senate, Referred to Senate Judiciary Committee [S1167 Detail]

Download: New_Jersey-2018-S1167-Introduced.html

SENATE, No. 1167

STATE OF NEW JERSEY

218th LEGISLATURE

INTRODUCED JANUARY 25, 2018

 


 

Sponsored by:

Senator  JAMES W. HOLZAPFEL

District 10 (Ocean)

 

 

 

 

SYNOPSIS

     Authorizes court to impose rescue operation costs of public entity under certain circumstances.

 

CURRENT VERSION OF TEXT

     As introduced.

 


An Act concerning costs incurred by a public entity performing a rescue operation and supplementing Title 39 of the Revised Statutes.

 

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

 

     1.    In addition to any other penalties imposed, a court may assess the value of any services provided and any costs or expenses incurred by a public entity, including but not limited to law enforcement and emergency medical services, arising from or associated with the recovery or rescue of a person, and the person's pet or property if applicable, if the person is guilty of:

     a.     criminal mischief, pursuant to N.J.S.2C:17-3; and

     b.    (1)  reckless driving, pursuant to R.S.39:4-96;

     (2)   careless driving, pursuant to R.S.39:4-97; or

     (3)   driving or operating a motor vehicle in an unsafe manner, pursuant to section 1 of P.L.2000, c.75 (C.39:4-97.2).

 

     2.    This act shall take effect immediately.

 

 

STATEMENT

 

     This bill authorizes a court to impose the expense of a recovery or rescue operation by a public entity upon a person in violation of certain criminal mischief and motor vehicle operation laws.

     Specifically, the bill allows a court to assess the value of any services provided and any costs or expenses incurred by a public entity, including but not limited to law enforcement and emergency medical services, arising from or associated with the recovery or rescue of a person, and the person's pet or property if applicable, if the person is guilty of criminal mischief and: (1) reckless driving; (2) careless driving; or (3) driving or operating a vehicle in an unsafe manner.

     Public entities such as law enforcement and emergency management and medical services are often called upon to aid in the recovery or rescue of persons in dangerous situations.  Some of these situations are the result of purposeful, knowing, or heedless disregard for the safety of others and result in damages to, or the endangerment of, a person, animal, or property.  This bill would allow public entities to recover rescue operation costs in the event that a person was guilty of criminal mischief (e.g., damaging tangible property of another; tampering with tangible property to endanger a person or property) and the reckless, careless, or unsafe operation of a vehicle (e.g., driving on a frozen body of water).

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