Bill Text: NJ S1689 | 2018-2019 | Regular Session | Introduced
Bill Title: Increases certain penalties for vehicular homicides involving intoxicated drivers; designated "Josh's and Craig's Law."
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2018-02-05 - Introduced in the Senate, Referred to Senate Law and Public Safety Committee [S1689 Detail]
Download: New_Jersey-2018-S1689-Introduced.html
Sponsored by:
Senator JEFF VAN DREW
District 1 (Atlantic, Cape May and Cumberland)
SYNOPSIS
Increases certain penalties for vehicular homicides involving intoxicated drivers; designated "Josh's and Craig's Law."
CURRENT VERSION OF TEXT
As introduced.
An Act concerning penalties for vehicular homicide, designated as Josh's and Craig's Law, and amending N.J.S.2C:11-5
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. N.J.S.2C:11-5 is amended to read as follows:
2C:11-5. Death by auto or vessel.
a. Criminal homicide constitutes reckless vehicular homicide when it is caused by driving a vehicle or vessel recklessly.
Proof that the defendant fell asleep while driving or was driving after having been without sleep for a period in excess of 24 consecutive hours may give rise to an inference that the defendant was driving recklessly. Proof that the defendant was driving while intoxicated in violation of R.S.39:4-50 or was operating a vessel under the influence of alcohol or drugs in violation of section 3 of P.L.1952, c.157 (C.12:7-46) shall give rise to an inference that the defendant was driving recklessly. Proof that the defendant was operating a hand-held wireless telephone while driving a motor vehicle in violation of section 1 of P.L.2003, c.310 (C.39:4-97.3) may give rise to an inference that the defendant was driving recklessly. Nothing in this section shall be construed to in any way limit the conduct or conditions that may be found to constitute driving a vehicle or vessel recklessly.
b. Except as provided in paragraph (3) of this subsection, reckless vehicular homicide is a crime of the second degree.
(1) (a) If the defendant was operating the auto or vessel while under the influence of any intoxicating liquor [, narcotic, hallucinogenic or habit-producing drug, or] and with a blood alcohol concentration at or above the prohibited level as prescribed in R.S.39:4-50, or if the defendant was operating the auto or vessel while his driver's license or reciprocity privilege was suspended or revoked [for any violation of R.S.39:4-50, section 2 of P.L.1981, c.512 (C.39:4-50.4a),] by the Chief Administrator of the New Jersey Motor Vehicle Commission pursuant to P.L.1982, c.85 (C.39:5-30a et seq.), or by the court for a violation of R.S.39:4-96, the defendant shall be sentenced to a term of imprisonment by the court. The term of imprisonment shall include the imposition of a minimum term. The minimum term shall be fixed at, or between, one-third and one-half of the sentence imposed by the court or three years, whichever is greater, during which the defendant shall be ineligible for parole.
(b) If the defendant was operating the auto or vessel while having a concentration of alcohol by weight in the blood above 0.25% the defendant shall be sentenced to a term of imprisonment of between 10 and 20 years by the court. The term of imprisonment shall include the imposition of a minimum term. The minimum term shall be fixed at 10 years, or 85 percent of the sentence imposed by the court, whichever is greater, during which the defendant shall be ineligible for parole.
(c) If the defendant was operating the auto or vessel while under the influence of any intoxicating liquor, narcotic, hallucinogenic or habit-producing drug, and with a blood alcohol concentration at or above the prohibited level as prescribed in R.S.39:4-50, and if the defendant has a prior conviction for violation of R.S.39:4-50 or section 2 of P.L.1981, c.512 (C.39:4-50.4a), the defendant shall be sentenced to a term of imprisonment of between 10 and 20 years by the court. The term of imprisonment shall include the imposition of a minimum term. The minimum term shall be fixed at 10 years, or 85 percent of the sentence imposed by the court, whichever is greater, during which the defendant shall be ineligible for parole.
(d) If the defendant was operating the auto or vessel while intoxicated and under the influence of a narcotic, hallucinogenic or habit-producing drug in his blood, the defendant shall be sentenced to a term of imprisonment of up to 20 years by the court. The term of imprisonment shall include the imposition of a minimum term. The minimum term shall be fixed at, or between, one-third and one-half of the sentence imposed by the court or three years, whichever is greater, during which the defendant shall be ineligible for parole.
(2) The court shall not impose a mandatory sentence pursuant to paragraph (1) of this subsection unless the grounds therefor have been established at a hearing. At the hearing, which may occur at the time of sentencing, the prosecutor shall establish by a preponderance of the evidence that the defendant was operating the auto or vessel while under the influence of any intoxicating liquor, narcotic, hallucinogenic or habit-producing drug, or with a blood alcohol concentration at or above the level prescribed in R.S.39:4-50 or that the defendant was operating the auto or vessel while his driver's license or reciprocity privilege was suspended or revoked for any violation of R.S.39:4-50, section 2 of P.L.1981, c.512 (C.39:4-50.4a), by the Chief Administrator of the New Jersey Motor Vehicle Commission pursuant to P.L.1982, c.85 (C.39:5-30a et seq.), or by the court for a violation of R.S.39:4-96. In making its findings, the court shall take judicial notice of any evidence, testimony or information adduced at the trial, plea hearing, or other court proceedings and shall also consider the presentence report and any other relevant information.
(3) Reckless vehicular homicide is a crime of the first degree if the defendant was operating the auto or vessel while in violation of R.S.39:4-50 or section 2 of P.L.1981, c.512 (C.39:4-50.4a) while:
(a) on any school property used for school purposes which is owned by or leased to any elementary or secondary school or school board, or within 1,000 feet of such school property;
(b) driving through a school crossing as defined in R.S.39:1-1 if the municipality, by ordinance or resolution, has designated the school crossing as such; or
(c) driving through a school crossing as defined in R.S.39:1-1 knowing that juveniles are present if the municipality has not designated the school crossing as such by ordinance or resolution.
A map or true copy of a map depicting the location and boundaries of the area on or within 1,000 feet of any property used for school purposes which is owned by or leased to any elementary or secondary school or school board produced pursuant to section 1 of P.L.1987, c.101 (C.2C:35-7) may be used in a prosecution under subparagraph (a) of this paragraph.
It shall be no defense to a prosecution for a violation of subparagraph (a) or (b) of this paragraph that the defendant was unaware that the prohibited conduct took place while on or within 1,000 feet of any school property or while driving through a school crossing. Nor shall it be a defense to a prosecution under subparagraph (a) or (b) of this paragraph that no juveniles were present on the school property or crossing zone at the time of the offense or that the school was not in session.
(4) If the defendant was operating the auto or vessel in violation of R.S.39:4-50 or section 2 of P.L.1981, c.512 (C.39:4-50.4a), the defendant's license to operate a motor vehicle shall be suspended for a period of between five years and life, which period shall commence upon completion of any prison sentence imposed upon that person.
c. For good cause shown, the court may, in accepting a plea of guilty under this section, order that such plea not be evidential in any civil proceeding.
d. Nothing herein shall be deemed to preclude, if the evidence so warrants, an indictment and conviction for aggravated manslaughter under the provisions of subsection a. of N.J.S.2C:11-4.
As used in this section, "auto or vessel" means all means of conveyance propelled otherwise than by muscular power.
e. Any person who violates
paragraph (3) of subsection b. of this section shall forfeit the auto or vessel
used in the commission of the offense, unless the defendant can establish at a
hearing, which may occur at the time of sentencing, by a preponderance of the
evidence that such forfeiture would constitute a serious hardship to the family
of the defendant that outweighs the need to deter such conduct by the defendant
and others. In making its findings, the court shall take judicial notice of
any evidence, testimony or information adduced at the trial, plea hearing, or
other court proceedings and shall also consider the presentence report and any
other relevant information. Forfeiture pursuant to this subsection
shall be in addition to, and not in lieu of, civil forfeiture pursuant to chapter 64 of this title.
(cf: P.L.2017, c.165, s.3)
2. This act shall take effect immediately.
STATEMENT
This bill, designated as "Josh's and Craig's Law," would increase the penalties for persons convicted of vehicular homicide that occurred while a defendant was operating an auto or vessel while intoxicated in certain circumstances. The bill would specify enhanced penalties for a defendant who was intoxicated with a blood alcohol level above 0.25% or has a prior conviction for driving while intoxicated, or who was driving while intoxicated and had drugs in his blood at the time the offense occurred.
This bill would increase the penalty to a term in these instances of between 10 and 20 years, except in the case where a person is intoxicated and has drugs in his blood, the penalty would be increased to up to 20 years, with a minimum term served of between one-third and one-half of the sentence or three years, whichever is greater.
The sentences required in this bill would be an increase from the current prescribed penalty of between five and 10 years with at least three years served without parole eligibility.
The bill would further provide that defendants who are intoxicated, or have prior DWI convictions or who had blood alcohol levels above 0.25% would serve a minimum term that is 85 percent of the term imposed by the court, but in no case for less than 10 years, during which a defendant would be ineligible for parole.
Josh Moren was 18 years old when an intoxicated driver caused a motor vehicle accident that claimed his life on June 21, 2008 in Cape May County. Craig Lozier, was 20 years old when he was killed on July 21, 2008 on Route 47 in Cape May County by a driver who had consumed drugs and was intoxicated.
