S2164

An Act concerning certain driver’s license suspensions, supplementing Title 2B of the New Jersey Statutes, and acknowledging the repeal of N.J.S.2B:12-31.

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

1. a. (1) If a defendant charged with a disorderly persons offense, a petty disorderly persons offense, a violation of a municipal ordinance, or a violation of any other law of this State for which a penalty may be imposed fails to appear at any scheduled court proceeding after written notice has been given to said defendant pursuant to the Rules of Court, a municipal court may order the suspension of the person's driving privileges or nonresident reciprocity privilege or prohibit the person from receiving or obtaining driving privileges until the pending matter is adjudicated or otherwise disposed of, except by dismissal for failure of defendant to appear.

(2) If a defendant sentenced to pay a fine or costs, make restitution, perform community service, serve a term of probation, or do any other act as a condition of that sentence fails to do so, a municipal court may order the suspension of the person's driving privileges or nonresident reciprocity privilege or prohibit the person from receiving or obtaining driving privileges until the terms and conditions of the sentence have been performed or modified.

(3) If a defendant defaults in the payment of a fine, penalty or costs, or of an installment, the court may require the respondent to show cause why the default should not be treated as a civil contempt and may issue a summons or order to show cause or a bench warrant of arrest for the defendant’s appearance.

b. Prior to any action being taken pursuant to the provisions of this section, the defendant shall be given notice of the proposed action and afforded an opportunity to appear before the court to contest the validity of the proposed action.

c. The municipal court shall notify the New Jersey Motor Vehicle Commission of any action taken pursuant to the provisions of this section.

d. Any action taken by a municipal court pursuant to this section shall be in addition to any other remedies which are available to the court and in addition to any other penalties which may be imposed by the court.

e. (1) When a defendant whose license has been suspended pursuant to subsection a. of this section satisfies the requirements of that subsection, the municipal court shall forward to the New Jersey Motor Vehicle Commission a notice to restore the defendant's driving privileges.

(2) There shall be included in the fines and penalties imposed by a court on a defendant whose license has been suspended pursuant to subsection a. of this section, the following:

(a) A fee of $3 which shall be transferred to the New Jersey Motor Vehicle Commission;

(b) A penalty of $10 for the issuance of the failure to appear notice; and

2. N.J.S.2B:12-31, repealed by section 20 of P.L.2019, c.276, but purportedly amended by section 63 of P.L.2021, c.16, is acknowledged as being repealed by the 2019 enactment and was not revived or revised by the purported amendatory section in the 2021 enactment.

3. This act shall take effect immediately but shall be inoperative until the first day of the seventh month following enactment to enable individuals to pay any outstanding fines and fees from the day the act takes effect. This act shall be retroactive to January 1, 2021, the effective date of P.L.2019, c.276.

STATEMENT

This bill provides for the suspension of driver’s license for certain offenses and acknowledges the repeal of N.J.S.A.2B:12-31.

In general, the courts have been instituting reforms over the last few years and judges no longer issue warrants when someone fails to pay a monetary fine. Prior to 2019, in lieu of issuing bench warrants, municipal court judges commonly suspended a defendant’s driver’s license for failure to pay court ordered financial penalties pursuant to N.J.S.A.2B:12-31. With the enactment of P.L.2019, c.276, this statutory authority was repealed, which significantly impacted the Judiciary’s ability to enforce court orders and ensure a defendant’s appearance before the court in municipal court matters. The Administrative Office of the Courts has previously indicated that without this authority, the courts no longer have meaningful leverage to compel court appearances with court orders.

This bill provides for a mechanism to enforce court appearances and payment of municipal fines and fees. This bill also provides for a six-month grace period from the effective date for individuals to pay outstanding fines and fees.

Separately, New Jersey law already provides for instances where financial hardship or other individual circumstances are taken into account for payment of fines and dues. For instance, N.J.S.A.2B:12-23.1 provides, in part, that if municipal courts find that a person does not have the ability to pay a penalty in full on the date of a hearing, or has failed to pay a previously imposed penalty, the court may order the person to perform community service in lieu of payment or establish a payment plan. If a person defaults on a payment, and the court finds that the defendant does not have the ability to pay, the court may grant a number of different forms of relief including, but not limited to, reducing, suspending, modifying, or revoking a penalty or installment plan. In certain other cases, the courts may order the person to perform community service in lieu of payment of the penalty. This bill provides for the courts to issue a show case or a bench warrant in instances where no financial hardship is found.

This bill also acknowledges that N.J.S.A.2B:12-31 has been repealed by P.L.2019, c.276. This section had authorized the municipal court to suspend driver’s licenses for various non-driving offenses. Even though the courts have acknowledged that N.J.S.A.2B:12-31 is, in fact, repealed, the repealed statute was inadvertently amended by section 63 of P.L.2021, c.16. To eliminate any confusion, this bill acknowledges that N.J.S.A. 2B:12-31 has been repealed by the 2019 enactment and was not revived or revised by the amendatory section in the 2021 enactment.