Bill Text: NJ A3895 | 2016-2017 | Regular Session | Introduced
Bill Title: Allows law enforcement officers to scan drivers' cell phones under certain circumstances; imposes penalties for refusal.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2016-06-16 - Introduced, Referred to Assembly Law and Public Safety Committee [A3895 Detail]
Download: New_Jersey-2016-A3895-Introduced.html
Sponsored by:
Assemblyman JOHN F. MCKEON
District 27 (Essex and Morris)
SYNOPSIS
Allows law enforcement officers to scan drivers' cell phones under certain circumstances; imposes penalties for refusal.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning the unlawful use of a wireless telephone or electronic communication device while driving and supplementing Title 39 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. As used in this act, "field test" means the use of an electronic scanning device, approved by the Attorney General, to determine whether the operator of a motor vehicle was using a wireless telephone or electronic communication device in violation of section 1 of P.L.2003, c.310 (C.39:4-97.3) at or near the time of a motor vehicle accident. The electronic scan shall not include the content or origin of any communication, image, electronic data, or game contained on the wireless telephone or electronic communication device.
b. At the request of a law enforcement officer, a person operating a motor vehicle that has been involved in an accident resulting in death, bodily injury, or property damage and who has in his possession a wireless telephone or electronic communication device at or near the time of the accident shall surrender the wireless telephone or electronic communication device to the law enforcement officer solely for the purpose of conducting a field test on the wireless telephone or electronic communication device.
c. 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 have a field test conducted on his wireless telephone or electronic communication device pursuant to subsection b. of this section; provided, however, the field test shall be conducted in accordance with the provisions of P.L. , c. (C. ) (pending before the Legislature as this bill) and at the request of a law enforcement officer who has reasonable grounds to believe that the person operated a motor vehicle that has been involved in an accident resulting in death, bodily injury, or property damage.
d. A record of the field test, including the date, time, and results of the test shall be made and a copy shall be provided or made available to the operator of the motor vehicle, upon request.
e. In addition to the field test performed by a law enforcement officer pursuant to this section, the operator of a motor vehicle shall be permitted to select a person of his own choosing to conduct an analysis of his wireless telephone or electronic communication device to determine whether the operator was using the wireless telephone or electronic communication device in violation of section 1 of P.L.2003, c.310 (C.39:4-97.3) at or near the time of the motor vehicle accident.
f. The law enforcement officer shall inform the operator of the motor vehicle of the operator's rights pursuant to subsections d. and e. of this section.
g. A field test on a wireless telephone or electronic communication device shall not be conducted forcibly and against physical resistance by the operator of the motor vehicle. The law enforcement officer shall, however, inform the operator of the motor vehicle of the consequences of refusing to allow a law enforcement officer to conduct a field test on the operator's wireless telephone or electronic communication device pursuant to section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill). A standard statement, prepared by the chief administrator, shall be read by the law enforcement officer to the operator of the motor vehicle.
h. In order to be considered valid, a field test on a wireless telephone or electronic communication device pursuant to this act shall have been performed in accordance with methods approved by the Attorney General.
i. The Attorney General shall develop and undertake a public education campaign to inform the public about the provisions of this act.
j. In order to promote the uniform enforcement of this act, the Attorney General shall promulgate guidelines concerning the prosecution of violations of this act. The guidelines shall be disseminated to county and municipal prosecutors within 120 days of the effective date of this act.
k. The Attorney General, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), shall adopt rules and regulations necessary to effectuate the provisions of this act.
2. a. Except as provided in subsection b. of this section, the municipal court shall revoke the right to operate a motor vehicle of any operator who, after being involved in an accident resulting in death, bodily injury, or property damage, refuses to allow a law enforcement officer to perform a field test on the operator's wireless telephone or electronic communication device pursuant to section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill) when requested to do so, for not less than seven months or more than one year. If the refusal was in connection with a second offense under this section, the revocation shall be for two years and if the refusal was in connection with a third or subsequent offense under this section, the revocation shall be for 10 years. A conviction or administrative determination of a violation of a law of a substantially similar nature in another jurisdiction, regardless of whether that jurisdiction is a signatory to the Interstate Driver License Compact pursuant to P.L.1966, c.73 (C.39:5D-1 et seq.) shall constitute a prior conviction under this section.
The municipal court shall determine by a preponderance of the evidence whether the law enforcement officer had probable cause to believe that the person was driving or was in actual physical control of the motor vehicle on the public highways or quasi-public areas of this State and was involved in an accident resulting in death, bodily injury, or property damage; whether the person possessed a wireless telephone or electronic communication device at or near the time of the accident; and whether the person refused to allow a law enforcement officer to conduct a field test on his wireless telephone or electronic communication device upon request of the officer. If these elements of the violation are not established, no conviction shall issue.
In addition to issuing a revocation, except as provided in subsection b. of this section, the municipal court shall fine a person convicted under this section 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.
b. For a first offense, the fine imposed upon the convicted person shall be not less than $600 or more than $1,000 and the period of license suspension shall be not less than one year or more than two years; for a second offense, a fine of not less than $1,000 or more than $2,000 and a license suspension for a period of four years; and for a third or subsequent offense, a fine of $2,000 and a license suspension for a period of 20 years when a violation of this section occurs while:
(1) on any school property used for school purposes which is owned by or leased to any elementary or secondary school or school board, or within 1,000 feet of school property;
(2) driving through a school crossing as defined in R.S.39:1-1 if the municipality, by ordinance or resolution, has designated the school crossing as such; or
(3) driving through a school crossing as defined in R.S.39:1-1 knowing that juveniles are present if the municipality has not designated the school crossing as such by ordinance or resolution.
A map or true copy of a map depicting the location and boundaries of the area on or within 1,000 feet of any property used for school purposes which is owned by or leased to any elementary or secondary school or school board produced pursuant to section 1 of P.L.1987, c.101 (C.2C:35-7) may be used in a prosecution under paragraph (1) of this subsection.
It shall not be relevant to the imposition of sentence pursuant to paragraph (1) or (2) of this subsection that the defendant was unaware that the prohibited conduct took place while on or within 1,000 feet of any school property or while driving through a school crossing. Nor shall it be relevant to the imposition of sentence that no juveniles were present on the school property or crossing zone at the time of the offense or that the school was not in session.
3. This act shall take effect on the first day of the seventh month after enactment, but the Attorney General and the Chief Administrator of the Motor Vehicle Commission may take any administrative action in advance of the effective date as may be necessary.
STATEMENT
This bill allows law enforcement officers to scan drivers' cell phones under certain circumstances and imposes penalties for refusal.
Specifically, under the provisions of this bill, every person who operates a motor vehicle that has been involved in an accident resulting in death, bodily injury, or property damage and who has in his possession a wireless telephone or electronic communication device at or near the time of the accident is required, at the request of a law enforcement officer, to surrender the telephone or device to the officer solely for the purpose of conducting a field test.
Under the bill, a "field test" is defined as the use of an electronic scanning device, approved by the Attorney General, to determine whether the operator of a motor vehicle was using a wireless telephone or electronic communication device in violation of current law at or near the time of the accident. The electronic scan is not to include the content or origin of any communication, image, electronic data, or game contained on the telephone or device. The bill requires the Attorney General to promulgate guidelines concerning the prosecution of violations under the bill and disseminate the guidelines to county and municipal prosecutors. In addition, the Attorney General is to adopt rules or regulations necessary to effectuate the provisions of this bill.
The bill also provides that any person who operates a motor vehicle on any public road or highway in this State is deemed to have consented to having a field test conducted on his or her wireless telephone or electronic communication device. The test is required to be conducted in accordance with the provisions of this bill and at the request of a law enforcement officer who has reasonable grounds to believe that the person operated a motor vehicle that was involved in an accident resulting in death, bodily injury, or property damage.
Under the bill, a field test is not to be conducted forcibly; however, the law enforcement officer is required to inform the operator of the motor vehicle of the consequences of refusing to allow a field test to be conducted on the operator's wireless telephone or electronic communication device. The penalties are the same as the penalties imposed on a driver who refuses to submit to a breath test under the current driving while intoxicated laws.
For a first offense, a person would be subject to a license revocation for seven months to one year and a fine of $300 to $500; for a second offense, a license revocation of two years and a fine of $500 to $1,000; and for a third or subsequent offense, a license revocation of 10 years and a fine of $1,000.
If the violation occurred while on school property or driving through a school crossing, the person would be subject to the increased penalties imposed on a driver who refuses to submit to a breath test under current law as follows: for a first offense, license suspension for one to two years and a fine of $600 to $1,000; for a second offense, license suspension for four years and a fine of $1,000 to $2,000; and for a third or subsequent offense, license suspension for 20 years and a fine of $2,000.
Finally, the bill requires the Attorney General to develop and undertake a public education campaign to inform the public about the provisions of this bill.
