Bill Text: NJ A419 | 2012-2013 | Regular Session | Introduced
Bill Title: Authorizes court to require persons convicted of refusing breathalyzer for second or subsequent time to install ignition interlock.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2012-01-10 - Introduced, Referred to Assembly Law and Public Safety Committee [A419 Detail]
Download: New_Jersey-2012-A419-Introduced.html
STATE OF NEW JERSEY
215th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2012 SESSION
Sponsored by:
Assemblyman GREGORY P. MCGUCKIN
District 10 (Ocean)
SYNOPSIS
Authorizes court to require persons convicted of refusing breathalyzer for second or subsequent time to install ignition interlock.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel
An Act concerning ignition interlock devices and amending P.L.1981, c.512 and P.L.1999, c.417.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 2 of P.L.1981, c.512 (C.39:4-50.4a) is amended to read as follows:
39:4-50.4a 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 arrested for a violation of R.S.39:4-50 or section 1 of P.L.1992, c.189 (C.39:4-50.14), shall refuse to submit to a test provided for in section 2 of P.L.1966, c.142 (C.39:4-50.2) when requested to do so, for not less than seven months or more than one year unless the refusal was in connection with a second offense under this section, in which case the revocation period shall be for two years or unless the refusal was in connection with a third or subsequent offense under this section in which case the revocation shall be for ten years. If the refusal was in connection with a second or subsequent offense under this section, the person also may be required to install an ignition interlock device under the provisions of P.L1999, c.417 (C.39:4-50.16 et al.). 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 arresting officer had probable cause to believe that the person had been driving or was in actual physical control of a motor vehicle on the public highways or quasi-public areas of this State while the person was under the influence of intoxicating liquor or a narcotic, hallucinogenic, or habit-producing drug or marijuana; whether the person was placed under arrest, if appropriate, and whether he refused to submit to the test upon request of the officer; and if these elements of the violation are not established, no conviction shall issue. In addition to any other requirements provided by law, a person whose operator's license is revoked for refusing to submit to a test shall be referred to an Intoxicated Driver Resource Center established by subsection (f.) of R.S.39:4-50 and shall satisfy the same requirements of the center for refusal to submit to a test as provided for in section 2 of P.L.1966, c.142 (C.39:4-50.2) in connection with a first, second, third or subsequent offense under this section that must be satisfied by a person convicted of a commensurate violation of this section, or be subject to the same penalties as such a person for failure to do so. For a first offense, the revocation may be concurrent with or consecutive to any revocation imposed for a conviction under the provisions of R.S.39:4-50 arising out of the same incident. For a second or subsequent offense, the revocation shall be consecutive to any revocation imposed for a conviction under the provisions of R.S.39:4-50. 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 such 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.
(cf: P.L.2007, c.267, s.2)
2. Section 2 of P.L.1999, c.417 (C.39:4-50.17) is amended to read as follows:
2. a. In sentencing a first offender under R.S.39:4-50, the court may order, in addition to any other penalty imposed by that section, the installation of an interlock device in every motor vehicle owned, leased or regularly operated by the offender following the expiration of the period of license suspension imposed under that section. The device shall remain installed for not less than six months or more than one year, commencing immediately upon the return of the offender's driver's license after the required period of suspension has been served.
b. In sentencing a second or subsequent offender under R.S.39:4-50, or section 2 of P.L.1981, c.512 (C.39:4-50.4a), the court may order, in addition to any other penalty imposed by that section, the installation of an interlock device in every motor vehicle owned, leased or regularly operated by the offender. The device shall remain installed for not less than one year or more than three years, commencing immediately upon the return of the offender's driver's license after the required period of suspension has been served.
c. The court shall require that, for the duration of its order, an offender shall drive no vehicle other than one in which an interlock device has been installed pursuant to the order.
d. As used in this act, "ignition interlock device" or "device" means a blood alcohol equivalence measuring device which will prevent a motor vehicle from starting if the operator's blood alcohol content exceeds a predetermined level when the operator blows into the device.
(cf: P.L.1999, c.417, s.2)
3. This act shall take effect immediately.
STATEMENT
This bill would authorize the court to order a person convicted of a second or subsequent offense of refusing to submit to a breathalyzer test when stopped for drunk driving to install an ignition interlock device on motor vehicles they own, lease, or regularly drive.
Under current law, persons convicted of a first offense of drunk driving may be ordered to install an ignition interlock device for six months to one year after the person's license suspension has been completed. For a second offense of drunk driving, the court must order an ignition interlock installed for one to three years or revoke the offender's registration and license plates for two years. For a third or subsequent drunk driving offense, the ignition interlock must be installed for one to three years or the registration and plates must be revoked for 10 years.
There currently is no provision authorizing or requiring the installation of an ignition interlock for the offense of refusing to submit to a breathalyzer test. Under the bill, the court would have the discretion to require the offender to install an ignition interlock device for one to three years after the offender's driver's license has been restored.
Ignition interlock devices check the blood alcohol content (BAC) of the driver. The device connects to the ignition of a motor vehicle and must be blown into by the driver initially for the vehicle to start and periodically thereafter to keep the vehicle moving. The motor vehicle will not start or will turn off if the driver's BAC is 0.05% or more.
