SJR34

A Joint Resolution establishing a commission on drunk and impaired driving.

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

1. There is hereby created a commission to be known as the “Commission on Drunk and Impaired Driving.” The commission shall consist of the following 19 members:

a. Ten ex officio members or their designees, who shall include the: Attorney General; Director of the Division of Highway Traffic Safety; Superintendent of State Police; Chief Administrator of the New Jersey Motor Vehicle Commission; Commissioner of Health; Commissioner of Transportation; Public Defender; Executive Director of the Governor’s Council on Alcoholism and Drug Abuse; Director of the Rutgers University Center of Alcohol Studies; and Administrative Director of the Courts;

b. Two members of the Senate, appointed by the President of the Senate, not more than one of whom shall be of the same political party; and two members of the General Assembly, appointed by the Speaker of the General Assembly, not more than one of whom shall be of the same political party; and

c. Five public members appointed by the Governor, who shall include a retired municipal court judge, municipal prosecutor, an attorney who represents persons charged with drunk or impaired driving, a victims’ rights advocate, and a representative of an organization which provides substance abuse counseling and treatment.

2. a. The commission shall study all aspects of drunk and impaired driving law in this State and examine methods to reduce the incidence of drunk and impaired driving. The commission shall make recommendations to enhance government services, enforcement, education, and interventions to prevent drunk and impaired driving. The issues to be studied by the commission shall include, but not be limited to:

(1) the effectiveness of the State’s current penalties for driving under the influence, refusing to submit to a breathalyzer test, driving while the license is suspended for driving under the influence, driving without a court-ordered ignition interlock device, and any other related offense, in preventing drunk and impaired driving and discouraging repeat offenses;

(2) the State’s compliance with current federal law and regulations regarding repeat offenders of driving under the influence;

(3) the need and practicality of proposals to extend the requirement of ignition interlock devices to first-time drunk driving offenders, the need for infrastructure to assure compliance with court-ordered ignition interlock installation and monitor ignition interlock “lockouts,” and the desirability of alternatives or exceptions to the use of ignition interlock devices;

(4) the collective economic impact of fines, fees, surcharges, automobile insurance premiums, ignition interlock costs, and loss of employment on drivers convicted of drunk or impaired driving;

(5) improved responses to repeat offenders, including screening and treatment for alcohol or drug addiction, medication-assisted therapies, ignition interlock devices, electronic monitoring, intensive supervision, and criminal prosecution;

(6) identifying the most effective delivery of screening and treatment for alcohol or drug addicted convicted drivers, including an examination of the costs and benefits of restructuring county-based Intoxicated Driver Resource Centers into regional addiction, treatment, and counseling centers administered by the Department of Health;

(7) the need for procedural safeguards to guide the administrative release of convicted drivers who are sentenced to jail time to participate in work release or similar programs;

(8) the modernization of distribution formulas for alcohol tax revenues which are dedicated to driving under the influence enforcement;

(9) the potential impact of the New Jersey Supreme Court’s holding in State v. Denelsbeck, 225 N.J. 103 (2016) that additional penalties imposed on repeat offenders may trigger the right to a jury trial;

(10) whether enhanced penalties for drunk drivers with high-blood alcohol content levels or driving in a school zone are effective in reducing driving under the influence and recidivism;

(11) whether a restricted-use driver’s license should be made available to drunk and impaired offenders as an alternative to full loss of driving privileges or in combination with other penalties;

(12) ensuring the safety of the public while driving under the influence charges are pending, including use of pre-conviction administrative suspensions, ignition interlock devices, or electronic monitoring;

(13) improving interagency communication and the integration of State and local automated systems to ensure compliance with post-conviction driving under the influence penalties, treatment, and release conditions;

(14) other evidence-based best practices for addressing the problem of drunk and impaired driving; and

(15) whether the commission should periodically reconvene to examine recent developments and technology for reducing the incidence of drunk and impaired driving and the impact of any changes in the drunk and impaired driving laws recommended by the commission.

b. The commission shall propose new legislation as it deems appropriate.

3. a. The commission shall organize within 30 days of the appointment of a majority of its members and shall select a chairperson and vice-chairperson from among its members. The chairperson shall appoint a secretary, who need not be a member of the commission.

b. The commission shall regularly meet and hold hearings at the places it designates.

c. The commission may request at these hearings the appearance of officials of any State agency or political subdivision of the State and may solicit testimony of interested groups and the general public, including but not limited to law enforcement agencies, civic organizations, and advocacy groups with an interest in the prevention of drunk and impaired driving or roadway safety.

d. Five members of the commission shall constitute a quorum for the transaction of business.

4. The commission shall be entitled to call to its assistance and avail itself of the services of the employees of any State, county, or municipal department, board, bureau, commission, or agency as it may require and as may be available to it for its purposes, and to employ stenographic and clerical assistance and incur traveling and other miscellaneous expenses necessary to perform its duties, within the limits of funds appropriated or otherwise made available to it for its purposes.

5. Members of the commission shall serve without compensation, but shall be reimbursed for necessary expenses actually incurred in the performance of their duties as members of the commission.

6. The commission shall report its findings and recommendations, including legislative proposals, to the Governor, and to the Legislature pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), no later than 12 months following the organization of the commission.

7. This joint resolution shall take effect immediately and shall expire upon the submission of the commission’s report required pursuant to section 7 of this act.

STATEMENT

This joint resolution establishes a 19-member “Commission on Drunk and Impaired Driving” to examine methods to reduce the incidence of drunk and impaired driving and make recommendations to enhance government services, enforcement, education, and interventions to prevent drunk and impaired driving.

The commission is to be comprised of the Attorney General, Director of Highway Traffic Safety, Superintendent of State Police, Chief Administrator of the New Jersey Motor Vehicle Commission, Commissioner of Health, Commissioner of Transportation, Public Defender, Executive Director of the Governor’s Council on Alcoholism and Drug Abuse, Director of the Rutgers University Center of Alcohol Studies, and Administrative Director of the Courts. Legislative members include two members of the Senate of different parties and two members of the General Assembly of different parties. Five public members to be appointed by the Governor include a retired municipal court judge, municipal prosecutor, defense attorney, local law enforcement officer, and victims’ rights advocate. Members are to serve without compensation, but are to be reimbursed for necessary expenses actually incurred in the performance of their duties.

At a minimum, the commission is to consider the following:

(1) the effectiveness of the State’s current penalties for driving under the influence (DUI), refusing to submit to a breathalyzer test, driving with a suspended license for DUI, driving without a court-ordered ignition interlock device (IID), and related offenses, in preventing drunk and impaired driving and discouraging repeat offenses;

(2) the State’s compliance with current federal law and regulations regarding repeat DUI offenders;

(3) the need and practicality of proposals to extend the requirement of IIDs to first-time drunk driving offenders, the need for infrastructure to assure compliance with court-ordered IID installation and monitor IID “lockouts,” and the desirability of alternatives or exceptions to the use of IIDs;

(4) the collective economic impact of fines, fees, surcharges, automobile insurance rates, ignition interlock costs, and loss of employment on drivers convicted of drunk or impaired driving;

(5) improved responses to repeat offenders, including screening and treatment for alcohol or drug addiction, medication-assisted therapies, IIDs, electronic monitoring, intensive supervision, and criminal prosecution;

(6) identifying the most effective delivery of screening and treatment for alcohol or drug addicted convicted drivers, including an examination of the costs and benefits of restructuring county-based Intoxicated Driver Resource Centers (IDRCs) into regional addiction, treatment, and counseling centers administered by the Department of Health;

(7) the need for procedural safeguards to guide the administrative release of convicted drivers sentenced to jail time to participate in work release or similar programs;

(8) the modernization of distribution formulas for alcohol tax revenues dedicated to DUI enforcement;

(9) the potential impact of the New Jersey Supreme Court’s holding in State v. Denelsbeck that additional penalties imposed on repeat offenders may trigger the right to a jury trial;

(10) whether enhanced penalties for drunk drivers with high-blood alcohol content levels or driving in a school zone are effective in reducing DUI and DUI recidivism;

(11) whether a restricted-use driver’s license should be made available to drunk and impaired offenders as an alternative to full loss of driving privileges or in combination with other penalties;

(12) ensuring the safety of the public while DUI charges are pending, including use of pre-conviction administrative suspensions, IIDs, or electronic monitoring;

(13) improving interagency communication and the integration of State and local automated systems to administer compliance with post-conviction DUI penalties, treatment, and release conditions; and

(14) other evidence-based best practices for addressing the problem of drunk and impaired driving.

The commission is to organize within 30 days after a majority of its members have been appointed and meet regularly and hold hearings. The commission may request at these hearings the appearance of State officials and solicit testimony of interested groups and the general public, including but not limited to law enforcement agencies, civic organizations, and advocacy groups with an interest in the prevention of drunk and impaired driving or roadway safety. Five members of the commission is to constitute a quorum for the transaction of business.

The commission is to report its findings and recommendations, including legislative proposals, to the Governor and to the Legislature within 12 months of organizing.

It is the committee’s understanding that the commission would invite the participation of and testimony from various interest and advocacy groups, including representatives of the restaurant and hospitality industry, such as the New Jersey Licensed Beverage Association and the New Jersey Restaurant Association, as well as representatives of motorist associations, such as the American Automobile Association (AAA).

It also is the committee’s understanding that the commission would consider the effects of legalizing recreational marijuana on the problem of impaired driving.