[First Reprint]

SENATE, No. 1220

STATE OF NEW JERSEY

221st LEGISLATURE

PRE-FILED FOR INTRODUCTION IN THE 2024 SESSION

Sponsored by:

Senator  JAMES BEACH

District 6 (Burlington and Camden)

Co-Sponsored by:

Senator Diegnan

SYNOPSIS

     Increases penalties for failing to secure a child in a child passenger restraint system or booster seat while operating a motor vehicle.

CURRENT VERSION OF TEXT

     As reported by the Senate Transportation Committee on January 25, 2024, with amendments.

An Act concerning the use of child passenger restraint systems and amending and supplementing P.L.1983, c.128.

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

     1.    Section 4 of P.L.1983, c.128 (C.39:3-76.2d) is amended to read as follows:

     4.    a.  Any person guilty of violating any of the provisions of this act shall be [fined not less than $50 and not more than $75] subject to the following penalties:

     (1)   For a first offense a fine of $100;

     (2)   For a second or subsequent offense a fine of not less than $250 or more than $500.

     For a first offense, the court shall waive a fine to be imposed for failure to use a child passenger restraint system if the defendant demonstrates that the defendant is in possession of a child passenger restraint system.

   b.    Of the moneys collected from each fine imposed pursuant to the provisions of subsection a. of this section, $25 shall be deposited in the Division of Highway Traffic Safety Child Passenger Restraint System Assistance Fund established under the provisions of section ¹[3] 2¹ of P.L.    , c.   (C.       ) (pending before the Legislature as this bill).

(cf: P.L.2015, c.50, s.3)

     2.    (New section)  There is established a nonlapsing revolving fund, to be known as the Division of Highway Traffic Safety Child Passenger Restraint System Assistance Fund, to be administered by the State Treasurer.  All moneys deposited in the fund pursuant to the provisions of subsection b. of section 4 of P.L.1983, c.128 (C.39:3‑76.2d) shall be used exclusively by the Division of Highway Traffic Safety in the Department of Law and Public Safety to purchase child passenger restraint systems for distribution to persons and organizations that establish and maintain child passenger restraint system ¹[lending] distribution¹ programs.  Any interest earned on moneys in the fund shall be credited to the fund.  The Director of the Division of Highway Traffic Safety, in accordance with the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B‑1 et seq.), shall promulgate rules and regulations to effectuate the purposes of this section.

     3.    This act shall take effect on the first day of the third month after enactment, but such anticipatory administrative action may be taken in advance as shall be necessary for the implementation of the act.