Sponsored by:
Assemblywoman AMY H. HANDLIN
District 13 (Monmouth)
SYNOPSIS
Prohibits use of traffic checkpoints for collecting biological samples from drivers.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning certain traffic checkpoints and supplementing Title 39 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. A municipality, county or other political subdivision of the State, or agency or instrumentality thereof, shall be prohibited from establishing a traffic checkpoint for the purpose of requesting the driver of a motor vehicle to voluntarily and anonymously provide a biological sample in exchange for cash or other consideration.
b. Subsection a. of this section shall not be construed to restrict or limit any other type of lawful checkpoint or roadblock.
c. For the purposes of this section, “biological sample” shall include, but not be limited to, a buccal swab of the cheek cells or a blood sample.
2. This act shall take effect immediately.
STATEMENT
This bill prohibits traffic checkpoints conducted for the purpose of requesting the driver of a motor vehicle driver to voluntarily and anonymously provide a biological sample in exchange for cash or other consideration.
As part of a long-term, ongoing study of drunk and drugged driving, the National Highway Traffic Safety Administration (NHTSA) has partnered with officials in at least 30 cities to conduct traffic checkpoints for the purpose of requesting drivers to voluntarily and anonymously submit saliva and blood samples in exchange for cash. Drivers at these checkpoints who agree to cooperate are directed to an area where the samples are taken. Drivers who refuse the request are allowed to drive away. Reportedly, in some states drivers have received $10 for a cheek swab and $50 for a blood sample.
According to NHTSA, the purpose of the study is to decrease impaired driving by analyzing the collected biological samples for the presence of alcohol and prescription or other drugs in the drivers’ systems.
While NHTSA’s goal to reduce drunk and drugged driving in the states is laudable, the use of uniformed police officers and squad cars at these traffic checkpoints may seem coercive and lead some drivers to believe that the collection of these biological samples is mandatory. This bill preempts such intrusions upon the motoring public by prohibiting these traffic checkpoints.