Sponsored by:
Senator BRIAN P. STACK
District 33 (Hudson)
Senator SANDRA B. CUNNINGHAM
District 31 (Hudson)
SYNOPSIS
Increases criminal penalty for motor vehicle operator who knowingly leaves accident scene which results in death of another person.
CURRENT VERSION OF TEXT
As introduced.
An Act increasing the criminal penalty for a motor vehicle operator who knowingly leaves the scene of an accident which results in the death of another person, and amending P.L.1997, c.111.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 1 of P.L.1997, c.111 (C.2C:11-5.1) is amended to read as follows:
1. A motor vehicle operator who knows he is involved in an accident and knowingly leaves the scene of that accident under circumstances that violate the provisions of R.S.39:4-129 shall be guilty of a crime of the second degree if the accident results in the death of another person.
Notwithstanding the provisions of subsection a. of N.J.S.2C:43-6, a convicted operator shall be sentenced to a term of imprisonment for a specific term of years which shall be between 10 years and 15 years. The term of imprisonment shall include the imposition of a minimum term, which shall be fixed at one-half of the sentence imposed by the court or six years, whichever is greater, during which the convicted operator shall be ineligible for parole.
If the evidence so warrants, nothing in this section shall be deemed to preclude an indictment and conviction for aggravated manslaughter under the provisions of N.J.S.2C:11-4, reckless vehicular homicide under the provisions of N.J.S.2C:11-5 or strict liability vehicular homicide under the provisions of section 1 of P.L.2017, c.165 (C.2C:11-5.3).
Notwithstanding the provisions of N.J.S.2C:1-8 or any other provisions of law, a conviction arising under this section shall not merge with a conviction for aggravated manslaughter under the provisions of N.J.S.2C:11-4, reckless vehicular homicide under the provisions of N.J.S.2C:11-5 or strict liability vehicular homicide under the provisions of section 1 of P.L.2017, c.165 (C.2C:11-5.3) and a separate sentence shall be imposed upon each such conviction.
Notwithstanding the provisions of N.J.S.2C:44-5 or any other provisions of law, when the court imposes multiple sentences of imprisonment for more than one offense, those sentences shall run consecutively.
For the purposes of this section, neither knowledge of the death nor knowledge of the violation are elements of the offense and it shall not be a defense that the operator of the motor vehicle was unaware of the death or of the provisions of R.S.39:4-129.
(cf: P.L.2017, c.165, s.4)
2. This act shall take effect immediately.
STATEMENT
This bill would increase the criminal penalty for a motor vehicle operator who, after being involved in an accident, knowingly leaves the scene of the accident in violation of the motor vehicle laws, and the accident results in the death of another person. Specifically, the bill would increase the term of imprisonment for a violation, so that a convicted operator would be sentenced to a term between 10 years and 15 years (under the current law, the ordinary term is between five years and 10 years). Additionally, the term of imprisonment would include the imposition of a minimum term, fixed at one-half of the sentence imposed by the court or six years, whichever is greater, during which the convicted operator would be ineligible for parole.