LEGISLATIVE FISCAL ESTIMATE

ASSEMBLY COMMITTEE SUBSTITUTE FOR

ASSEMBLY, Nos. 1074 and 2199

STATE OF NEW JERSEY

215th LEGISLATURE

 

DATED: JUNE 15, 2012

 

 

SUMMARY

 

Synopsis:

"Kulesh, Kubert's and Bolis’ Law;" establishes violation of hands-free cell phone law as reckless under vehicular homicide statute and assault by auto statutes.

Type of Impact:

General Fund expenditure.

Agencies Affected:

Judiciary, Department of Corrections.

 

 

Executive Estimate

Fiscal Impact

Year 1 

Year 2 

Year 3 

 

State Cost

Indeterminate – See Comments Below

 

 

 

 

·        The Office of Legislative Services (OLS) concurs with the Executive estimate, and adds that for each offender who is imprisoned under this bill, the average cost to house that offender at a State prison facility would total about of $43,000 annually.  The OLS also notes that there is a presumption of non-incarceration for first time fourth degree offenders.

·        The bill would make it easier for prosecutors to obtain convictions for vehicular homicide or assault by auto against a person who illegally uses a cell phone while driving and, as a result, kills or injures someone.

·        The Administrative Office of the Courts (AOC) states that the Judiciary is unable to determine if any of the 259 defendants convicted of Death by Auto or Vessel or Assault by Auto or Vessel were also charged or convicted of Operation of a Hand-held Wireless Telephone While Driving a Motor Vehicle.  Consequently, the Judiciary cannot estimate the number of cases that might fall under the provisions of this bill nor estimate the fiscal impact the proposed legislation would have on Judiciary resources or expenditures.

·        The AOC states that as it is likely that by creating an inference that a defendant was driving recklessly because he or she was operating a hand-held wireless telephone while driving, it would be somewhat easier to prove a case of Death by Auto or Vessel or Assault by Auto or Vessel and a defendant would be less likely to opt to go to trial.  Given that current cases involving Death by Auto or Vessel or Assault by Auto or Vessel rarely proceed to trial, it is anticipated that this bill would only have a negligible fiscal impact on the Judiciary.

BILL DESCRIPTION

 

      Assembly Committee Substitute for Assembly Bill Nos. 1074 and 2199 of 2012 would make it easier for prosecutors to obtain convictions for vehicular homicide or assault by auto against a person who illegally uses a cell phone while driving and, as a result, kills or injures someone. 

      A person is guilty of death by auto or assault by auto when it is proven that he or she drove a motor vehicle recklessly.  This bill specifically provides that the illegal use of a cell phone while driving would give rise to an inference that the defendant was driving recklessly. 

      Vehicular homicide is generally a crime of the second degree, punishable by imprisonment of five to 10 years, a fine of up to $150,000, or both.  Assault by auto is a crime of the fourth degree if serious bodily injury occurs and a disorderly persons offense if bodily injury occurs.  A fourth degree crime is punishable by up to 18 months imprisonment, a fine of up to $10,000, or both.  The penalty for a disorderly persons offense is imprisonment for up to six months, a fine of up to $1,000, or both.

 

 

FISCAL ANALYSIS

 

 

EXECUTIVE BRANCH

 

      In a fiscal note for this bill in a prior legislative session, the AOC stated that for the period from January 1, 2009 through December 31, 2009, there were a total of 259 defendants convicted of Death by Auto or Vessel under N.J.S.A. 2C:11-5 or Assault by Auto or Vessel under N.J.S.A. 2C:12-1c.  Of those 259 defendants, 254 pled guilty to the stated offense and 5 were convicted after a jury trial.  For the same period, there were 107,112 convictions of Operation of a Hand-held Wireless Telephone While Driving a Motor Vehicle under N.J.S.A. 39:4-97.3. 

      The AOC notes that the Judiciary is unable to determine if any of the 259 defendants convicted of Death by Auto or Vessel or Assault by Auto or Vessel were also charged or convicted of Operation of a Hand-held Wireless Telephone While Driving a Motor Vehicle.  Consequently, the Judiciary cannot estimate the number of cases that might fall under the provisions of this bill nor estimate the fiscal impact the proposed legislation would have on Judiciary resources or expenditures.

      The AOC states that as it is likely that by creating an inference that a defendant was driving recklessly because he or she was operating a hand-held wireless telephone while driving, it would be somewhat easier to prove a case of Death by Auto or Vessel or Assault by Auto or Vessel and a defendant would be less likely to opt to go to trial.  Given that current cases involving Death by Auto or Vessel or Assault by Auto or Vessel rarely proceed to trial, it is anticipated that this bill would only have a negligible fiscal impact on the Judiciary.

 

 

OFFICE OF LEGISLATIVE SERVICES

 

      The OLS concurs with the Executive estimate, and adds that for each offender who is imprisoned under this bill, the average cost to house that offender at a State prison facility would total about of $43,000 annually.  The OLS also notes that there is a presumption of non-incarceration for first time fourth degree offenders.  For those offenders who are incarcerated, the inmate usually serves about one-third of the sentence imposed.

 

Section:

Judiciary

Analyst:

Anne Raughley

Principal Fiscal Analyst

Approved:

David J. Rosen

Legislative Budget and Finance Officer

 

 

This fiscal estimate has been prepared pursuant to P.L.1980, c.67 (C.52:13B-6 et seq.).