Bill Text: NJ S3936 | 2018-2019 | Regular Session | Introduced
Bill Title: Criminalizes impersonating transportation network company driver.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2019-06-13 - Introduced in the Senate, Referred to Senate Judiciary Committee [S3936 Detail]
Download: New_Jersey-2018-S3936-Introduced.html
Sponsored by:
Senator LINDA R. GREENSTEIN
District 14 (Mercer and Middlesex)
SYNOPSIS
Criminalizes impersonating a transportation network company driver.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning impersonating certain drivers and supplementing Title 2C of the New Jersey Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. Except as provided in subsection b. of this section, a person commits a fourth degree crime if he falsely pretends to be a transportation network company driver for the purpose of obtaining a benefit for himself or another or to injure or defraud another or to induce another to otherwise act in reliance upon that pretense.
b. A person commits a crime of the third degree if he falsely pretends to be a transportation network company driver and knowingly exhibits or displays a false identifying marker as set forth in subsection b. of section 23 of P.L.2017, c.26 (C.39:5H-23) or some other identification for the purpose of obtaining a benefit for himself or another or to injure or defraud another or to induce another to otherwise act in reliance upon that pretense.
c. Nothing herein shall be deemed to preclude, if the evidence so warrants, an indictment and conviction for murder, manslaughter, assault, or any other offense.
d. "Transportation network company driver" has the meaning set forth in section 2 of P.L.2017, c.26 (C.39:5H-2).
"Benefit" has the meaning set forth in N.J.S.2C:21-17.
e. As used in this section "false identifying marker" includes a marker that is counterfeit or not recorded by the New Jersey Motor Vehicle Commission or expired or revoked.
2. This act shall take effect immediately.
STATEMENT
This bill criminalizes fraudulently pretending to be a transportation network company driver. Under this bill, it is a crime of the fourth degree if a person falsely pretends to be a transportation network company driver for the purpose of obtaining a benefit for himself or another or to injure or defraud another or to induce another to otherwise act in reliance upon that pretense. In addition, if the person knowingly exhibits or displays a false identifying marker as set forth in section 23 of P.L.2017, c.26 (C.39:5H-23) or some other identification, then it is a crime of the third degree.
Transportation network company driver is defined in the bill as having the meaning as provided in section 2 of P.L.2017, c.26 (C.39:5H-2) and benefit as having the meaning as provided in N.J.S.2C:21-17. Currently "transportation network company driver" means a person who receives connections to potential riders and related services from a transportation network company in exchange for payment of a fee to the transportation network company, and uses a personal vehicle to offer or provide a prearranged ride to a rider upon connection through a digital network controlled by a transportation network company in return for compensation or payment of a fee. "Benefit" means, but is not limited to, any property, any pecuniary amount, any services, any pecuniary amount sought to be avoided or any injury or harm perpetrated on another where there is no pecuniary value. The bill also provides that a "false identifying marker" includes a marker that is counterfeit or not recorded by the New Jersey Motor Vehicle Commission or expired or revoked.
A crime of the fourth degree is punishable by up to 18 months imprisonment, a fine up to $10,000, or both. A crime of the third degree carries a penalty of three to five years imprisonment, a fine of up to $15,000, or both.
