Sponsored by:
Senator CHRISTOPHER "KIP" BATEMAN
District 16 (Hunterdon, Mercer, Middlesex and Somerset)
SYNOPSIS
Clarifies that certain drunk driving offenders who drive with suspended driver's license are guilty of fourth degree crime.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning the operation of a motor vehicle with a suspended driver’s license and amending P.L.2009, c.333.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 1 of P.L.2009, c.333 (C.2C:40-26) is amended to read as follows:
1. a. It shall be a crime of the fourth degree to operate a motor vehicle during the period of license suspension in violation of R.S.39:3-40, if the actor's license was suspended or revoked for a first violation of R.S.39:4-50 [or], section 2 of P.L.1981, c.512 (C.39:4-50.4a) or the provisions of a substantially similar statute under the laws of another state or another country, and the actor had previously been convicted of violating R.S.39:3-40 while under suspension for that first offense. A person convicted of an offense under this subsection shall be sentenced by the court to a term of imprisonment.
b. It shall be a crime of the fourth degree to operate a motor vehicle during the period of license suspension in violation of R.S.39:3-40, if the actor's license was suspended or revoked for a second or subsequent violation of R.S.39:4-50 [or], section 2 of P.L.1981, c.512 (C.39:4-50.4a), or the provisions of a substantially similar statute under the laws of another state or another country. A person convicted of an offense under this subsection shall be sentenced by the court to a term of imprisonment.
c. Notwithstanding the term of imprisonment provided under N.J.S.2C:43-6 and the provisions of subsection e. of N.J.S.2C:44-1, if a person is convicted of a crime under this section the sentence imposed shall include a fixed minimum sentence of not less than 180 days during which the defendant shall not be eligible for parole.
d. As used in this section, "state" means a state of the United States, the District of Columbia, the United States Territories of American Samoa, Guam, Puerto Rico or the United States Virgin Islands.
(cf: P.L.2009, c.333, s.1)
2. This act shall take effect immediately.
STATEMENT
This bill clarifies that a person convicted for driving on the revoked list following a conviction of driving while intoxicated (DWI), who would otherwise be eligible to be charged with a fourth degree crime, may be charged if the underlying DWI conviction occurred in another state or country.
Current law provides that it is a fourth degree crime if a person’s driver’s license was suspended or revoked for a first conviction of R.S.39:4-50 or section 2 of P.L.1981, c.512 (C.39:4-50.4a), and during the period of suspension, the person is convicted of a second violation of driving on the revoked list. The law further provides that a person who has been convicted of a second or subsequent DWI under the two statutes is guilty of a fourth degree crime the first time he or she drives with a suspended license.
This bill clarifies that a person, who otherwise meets the criteria under current law, may be charged with a fourth degree crime if the person’s DWI conviction arose from a violation of the provisions of a substantially similar statute under the laws of another state or country. For purposes of the bill, ‘state” means a state of the United States, the District of Columbia, the United States Territories of American Samoa, Guam, Puerto Rico or the United States Virgin Islands.