Bill Text: NJ A2058 | 2016-2017 | Regular Session | Introduced
Bill Title: Expands implied consent statute to include blood and urine testing.
Spectrum: Slight Partisan Bill (Democrat 3-1)
Status: (Introduced - Dead) 2016-01-27 - Introduced, Referred to Assembly Law and Public Safety Committee [A2058 Detail]
Download: New_Jersey-2016-A2058-Introduced.html
STATE OF NEW JERSEY
217th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2016 SESSION
Sponsored by:
Assemblyman REED GUSCIORA
District 15 (Hunterdon and Mercer)
Assemblywoman L. GRACE SPENCER
District 29 (Essex)
Co-Sponsored by:
Assemblymen Dancer and Wimberly
SYNOPSIS
Expands implied consent statute to include blood and urine testing.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel.
An Act concerning driving while intoxicated and amending P.L.1966, c.142.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 2 of P.L.1966, c.142 (C.39:4-50.2) is amended to read as follows:
2. (a) Any person who operates a motor vehicle on any public road, street or highway or quasi-public area in this State shall be deemed to have given his consent to the taking of samples of his breath, urine, or blood for the purpose of making chemical tests to determine the content of alcohol in his blood; provided, however, that the taking of samples is made in accordance with the provisions of this act and at the request of a police officer who has reasonable grounds to believe that such person has been operating a motor vehicle in violation of the provisions of R.S.39:4-50 or section 1 of P.L.1992, c.189 (C.39:4-50.14).
(b) A record of the taking of any such sample, disclosing the date and time thereof, as well as the result of any chemical test, shall be made and a copy thereof, upon his request, shall be furnished or made available to the person so tested.
(c) In addition to the samples taken and tests made at the direction of a police officer hereunder, the person tested shall be permitted to have such samples taken and chemical tests of his breath, urine, or blood made by a person or physician of his own selection.
(d) The police officer shall inform the person tested of his rights under subsections (b) and (c) of this section.
(e) No chemical test of a person's breath, urine, or blood, as provided in this section, or specimen necessary thereto, may be made or taken forcibly and against physical resistance thereto by the defendant. The police officer shall, however, inform the person arrested of the consequences of refusing to submit to such test in accordance with section 2 of [this amendatory and supplementary act] P.L.1981, c.512 (C.39:4-50.4a). A standard statement, prepared by the chief administrator, shall be read by the police officer to the person under arrest.
(P.L.2007, c.267, s.1)
2. This act shall take
effect immediately.
STATEMENT
This bill would expand the State's implied consent statute to include urine and blood testing in addition to breath testing.
Under current law, suspected drunk drivers are deemed to have given their consent to take a breathalyzer test to determine their blood alcohol content (BAC). A person who refuses to take the breathalyzer test is charged with a separate offense and is subject to a license suspension of between seven months and one year for a first offense; two years for a second offense; and 10 years for a third or subsequent offense. The person also is subject to a fine of not less than $300 or more than $500 for a first offense; a fine of not less than $500 or more than $1,000 for a second offense; and a fine of $1,000 for a third or subsequent offense. Additionally, the person is subject to ignition interlock requirements.
Under this bill, suspected drunk drivers would be deemed to have given their consent to urine and blood tests and would be subject to these penalties if they refuse to consent to these tests.
Under a recent United States Supreme Court case, Missouri v. McNeely, 569 U.S. ___ (2013), the court held that law enforcement officers do not have the right in all cases to take warrantless blood tests from suspected drunk drivers under the exigent circumstance exception of alcohol dissipating from the bloodstream. In response to this ruling, this bill includes urine and blood testing in the implied consent statute. Under the bill, suspected drunk drivers can refuse a breath, urine, or blood test if no warrant has been obtained and these tests cannot be forcibly taken. But if these drivers refuse to take one of these tests when requested by a law enforcement officer, they will be charged with an offense under the refusal statute and are subject to penalties substantially similar to those imposed for drunk driving convictions.
