A3695

An Act concerning driver’s license suspensions and amending P.L.1982, c.85.

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

1. Section 1 of P.L.1982, c.85 (C.39:5-30a) is amended to read as follows:

1. As used in this act:

“Habitual offender” means a person [who has his] whose license to operate a motor vehicle has been suspended three times for violations occurring within a [3-year] five-year period.

(cf: P.L.1982, c.85, s.1)

2. Section 2 of P.L.1982, c.85 (C.39:5-30b) is amended to read as follows:

2. The [director may] chief administrator shall suspend for a period of no more than [3] three years, the license to operate a motor vehicle of any person who, within a period of [3] five years, commits motor vehicle violations, other than a violation of section 2 of P.L.1972, c.197 (C.39:6B-2), which ultimately result in the licensee having his license suspended three times. Where any given suspension is based on an accumulation of points involving more than one conviction for violations, the period of suspension shall be calculated from the date of commission of the latest violation.

The proposed notice of suspension shall be mailed to the licensee at his last address of record with the [Division of Motor Vehicles] New Jersey Motor Vehicle Commission and shall clearly state the reason for the suspension. The suspension shall become effective 15 days from the date of the mailing of the notice unless the [director] chief administrator for cause establishes another date for commencement of the suspension, or the licensee notifies the [director] chief administrator in writing within 10 days of the mailing of the notice of his intention to personally appear at a hearing to challenge the suspension.

The administrative law judge presiding at a hearing held pursuant to this section shall only consider evidence of the actual number of suspensions and the time period during which the violations leading to the suspensions were committed in issuing a suspension for the period provided for by this act. He may admit evidence relevant to the circumstances set out in section 3 of this act in considering the appropriateness of any portion of in excess of the [3] three year period suspension issued.

Any person who fails without reasonable cause to appear at a hearing provided for by this section shall have his license to operate a motor vehicle suspended forthwith by the [director] chief administrator for a fixed minimum period of [3] three years.

(cf: P.L.1982, c.85, s.2)

3. Section 5 of P.L.1982, c.85 (C.39:5-30e) is amended to read as follows:

5. Unless otherwise provided, an habitual offender convicted of operating a motor vehicle or motorized bicycle, while suspended pursuant to this act, shall pay a fine of [$1,000.00] $1,000 and [may] shall be sentenced to a mandatory minimum term of imprisonment in a county jail, penitentiary, or workhouse, as the case may be, for a period of 30 days [,] for a first offense, 60 days for a second offense, 90 days for a third offense, and 180 days for a subsequent offense; provided, however, that if the habitual offender is involved in an accident resulting in bodily injury to another, he shall, in addition to the fine, be sentenced to a mandatory minimum term of imprisonment for not less than 45 days for a first offense, 75 days for a second offense, 105 days for a third offense, and 380 days for a subsequent offense.

(cf: P.L.1982, c.85, s.5)

4. This act shall take effect on the first day of the third month after enactment, except the Chief Administrator of the New Jersey Motor Vehicle Commission may take any anticipatory administrative action in advance as shall be necessary for the implementation of this act.

STATEMENT

This bill imposes a mandatory minimum term of imprisonment on an habitual offender – a person with a suspended driver’s license who has been convicted of driving while suspended multiple times under Title 39 of the Revised Statutes (motor vehicles).

P.L.1982, c.85 (C.39:5-30a et seq.) provides that an habitual offender is a person whose driver’s license has been suspended three times for violations occurring in a three year period. An habitual offender is required to pay a fine of $1,000 and may be sentenced to a term of imprisonment for a period of 30 days, or no less than 45 days if the offender is involved in an accident resulting in bodily injury to another.

The bill amends current law to define an habitual offender as a person whose license to operate a motor vehicle has been suspended three times for violations occurring within a five year period and to require a minimum term of imprisonment of 30 days for a first offense, 60 days for a second offense, 90 days for a third offense, and 180 days for a subsequent offense. If an habitual offender is involved in an accident resulting in bodily injury to another, the offender would be sentenced to a mandatory minimum term of imprisonment of not less than 45 days for a first offense, 75 days for a second offense, 105 days for a third offense, and 380 days for a subsequent offense.