Bill Text: NJ A5135 | 2026-2027 | Regular Session | Introduced
Bill Title: Establishes certain protections for drivers and holders of non-driver identification cards diagnosed with certain disabilities.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Introduced) 2026-05-28 - Introduced, Referred to Assembly Transportation and Independent Authorities Committee [A5135 Detail]
Download: New_Jersey-2026-A5135-Introduced.html
Sponsored by:
Assemblywoman TENNILLE R. MCCOY
District 14 (Mercer and Middlesex)
SYNOPSIS
Establishes certain protections for drivers and holders of non-driver identification cards diagnosed with certain disabilities.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning protections for drivers and holders of non-driver identification cards with certain disabilities, amending various parts of the statutory law, and supplementing Title 39 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 1 of P.L.2023, c.57 (C.39:3-10f8) is amended to read as follows:
1. a. The Chief Administrator of the New Jersey Motor Vehicle Commission shall allow the holder of a driver's license or non-driver identification card to indicate that the person has been diagnosed with [an] autism spectrum disorder [or] , a communication disorder, or an acquired brain injury.
b. Upon request by any person who has been diagnosed with [an] autism spectrum disorder [or] , a communication disorder, or an acquired brain injury, or by the parent, guardian, or caregiver of the person, and upon submission of any documentation required pursuant to subsection c. of this section, the chief administrator shall indicate the autism spectrum disorder [or] , communication disorder, or acquired brain injury diagnosis by notating such information on the person's driver's license or non-driver identification card under the column designated for restrictions. A holder of a driver's license or non-driver identification card who makes a voluntary designation pursuant to this section shall have the opportunity to remove the designation at any time.
c. The chief administrator shall, in consultation with the Commissioner of Human Services, establish the documentation required to be produced by a person who has been diagnosed with [an] autism spectrum disorder [or] , a communication disorder, or an acquired brain injury, or by the parent, guardian, or caregiver of the person, in order to receive a driver's license or non-driver identification card with the notation authorized pursuant to subsection b. of this section.
d. The Commissioner of Human Services and the Attorney General, in consultation with the Superintendent of the Division of State Police within the Department of Law and Public Safety and at least one organization that advocates on behalf of persons who have been diagnosed with [an] autism spectrum disorder [or] , a communication disorder, or an acquired brain injury, shall jointly develop guidance to assist law enforcement officers in effectively communicating with a person who has been diagnosed with [an] autism spectrum disorder [or] , a communication disorder, or an acquired brain injury. The Attorney General shall ensure that a copy of the written guidance, and any other related materials developed to facilitate compliance with the guidance, is distributed to each police department in the State.
(cf: P.L.2023, c.57, s.1)
2. (New section) a. The Chief Administrator of the New Jersey Motor Vehicle Commission shall establish and maintain an automated Statewide registry accessible by law enforcement officers for the purposes of identifying and effectively communicating with a person who has been diagnosed with autism spectrum disorder, a communication disorder, or an acquired brain injury by a physician, psychologist, or any other health care professional licensed pursuant to Title 45 of the Revised Statutes. The registry shall be capable of storing information, which shall include, but not be limited to:
(1) the license plate and registration information of any motor vehicle that the person intends to regularly operate;
(2) the emergency contact information of a person authorized to communicate on behalf of the person diagnosed with autism spectrum disorder, a communication disorder, or an acquired brain injury; and
(3) any other information that may assist a law enforcement officer when communicating with the person.
b. The chief administrator shall permit a person diagnosed with autism spectrum disorder, a communication disorder, or an acquired brain injury to voluntarily report the diagnosis to the commission for inclusion in the registry established pursuant to subsection a. of this section through the commission's Internet website, by mail, or when completing an application for a driver's license, motor vehicle registration, or non-driver identification card issued by the commission.
A holder of a basic driver's license or non-driver identification card who submits information to the registry established pursuant to subsection a. of this section shall have the opportunity to revise the information, update the information, or be removed from the registry at any time.
c. The information submitted pursuant to this section shall only be available to:
(1) employees of the commission who are designated by the chief administrator to collect and maintain the information; and
(2) law enforcement officers when accessing the person's motor vehicle records.
The information shall be exclusively used during a motor vehicle stop or other law enforcement action to assist law enforcement officers in identifying and effectively communicating with a person who has been diagnosed with autism spectrum disorder, a communication disorder, or an acquired brain injury.
Any information submitted to the commission pursuant to this section shall not be considered a government record pursuant to P.L.1963, c.73 (C.47:1A-1 et seq.), P.L.2001, c.404 (C.47:1A-5 et al.), or the common law concerning access to public records and shall not be discoverable as a government record by any person, entity, or governmental agency, except upon a subpoena issued by a grand jury or a court order in a criminal matter.
d. The chief administrator and employees of the commission who are designated by the chief administrator, for the purposes of discharging their duties pursuant to P.L. , c. (C. ) (pending before the Legislature as this bill), shall not be liable to any person for civil damages or subject to criminal prosecution resulting from or caused by:
(1) any disruption or failure in Internet service caused by any accident, malfunction, act of sabotage or God, or any other condition or circumstance that the commission has not directly or indirectly caused, which prevents the holder of a basic driver's license or non-driver identification card from accessing or entering information into the registry established pursuant to subsection a. of this section or which results in or prevents the chief administrator and designated commission employees and law enforcement officers from establishing, accessing, or maintaining the database;
(2) any misuse of information, failure to enter accurate information, or entry of inaccurate or outdated information into the registry by any holder of a basic driver's license or non-driver identification card; or
(3) the inability of any law enforcement officer to make contact, in good faith, with a person's designated emergency contact who is authorized to communicate on behalf of the person pursuant to paragraph (2) of subsection a. of this section. However, this limitation of liability shall be inapplicable if the failure resulted from a malicious or wanton and willful disregard for the safety of persons or property.
e. The chief administrator shall adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), rules and regulations necessary to implement the provisions of this section.
3. Section 2 of P.L.2008, c.80 (C.26:2-190) is amended to read as follows:
2. a. The Commissioner of Health and the Commissioner of Human Services, in consultation with the New Jersey Fire and Emergency Medical Services Institute and the New Jersey State First Aid Council, shall develop a training curriculum with the purpose of informing emergency responders of [the risks associated] safety considerations for interacting with persons diagnosed with autism [or] spectrum disorder, an intellectual or other developmental disability, deafness or hearing loss, blindness or vision loss, a communication disorder, or an acquired brain injury, as well as providing instruction in appropriate recognition and response techniques [concerning] to employ when interacting with persons diagnosed with these disabilities. The curriculum shall be incorporated into existing time requirements for training and continuing education of emergency responders.
b. Prior to certification by the Department of Health, each emergency medical technician trained in basic life support services as defined in section 1 of P.L.1985, c.351 (C.26:2K-21) shall be required to satisfactorily complete the training developed under subsection a. of this section. Every emergency medical technician certified prior to the effective date of this act shall, within 36 months of the effective date of this act, satisfactorily complete the training in recognition and response techniques [concerning these] to employ when interacting with persons diagnosed with the disabilities identified in subsection a. of this section, through existing continuing education requirements.
c. The Commissioner of Health shall adopt rules and regulations, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), to effectuate the purposes of this act.
(cf: P.L.2012, c.17, s.143)
4. Section 3 of P.L.2008, c.80 (C.52:27D-25jj) is amended to read as follows:
3. a. The Division of Fire Safety in the Department of Community Affairs, in consultation with the New Jersey Fire and Emergency Medical Services Institute, shall adopt a training course regarding [the risks associated] safety considerations for interacting with persons diagnosed with autism [or] spectrum disorder, an intellectual or other developmental disability, deafness or hearing loss, blindness or vision loss, a communication disorder, or an acquired brain injury, and appropriate recognition and response techniques [concerning] to employ when interacting with persons with these disabilities, based on the curriculum developed by the Departments of Health [and Senior Services] and Human Services pursuant to subsection a. of section 2 of P.L.2008, c.80 (C.26:2-190). The course curriculum and instruction shall be administered to every firefighter recruit, volunteer or paid.
b. Each person, volunteer or paid, who is engaged in fire suppression, firefighting, or fire rescue before the effective date of this act shall, within 36 months of the effective date of this act, satisfactorily complete a training course in recognition and response techniques [concerning these] to employ when interacting with persons diagnosed with the disabilities identified in subsection a. of this section.
c. The Commissioner of Community Affairs shall adopt rules and regulations, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), to effectuate the purposes of this act.
(cf: P.L.2008, c.80, s.3)
5. Section 4 of P.L.2008, c.80 (C.52:17B-71.9) is amended to read as follows:
4. a. The Police Training Commission in the Department of Law and Public Safety shall adopt a training course regarding [the risks associated] safety considerations for interacting with persons diagnosed with autism [or] spectrum disorder, an intellectual or other developmental disability, deafness or hearing loss, blindness or vision loss, a communication disorder, or an acquired brain injury, and appropriate recognition and response techniques [concerning] to employ when interacting with persons diagnosed with these disabilities based on the curriculum developed by the Departments of Health [and Senior Services] and Human Services pursuant to subsection a. of section 2 of P.L.2008, c.80 (C.26:2-190). The training course shall be administered by the employing agency as part of the in-service training provided to each local police officer in each law enforcement unit operating in this State.
b. Prior to being appointed to permanent status as a local law enforcement officer in a law enforcement unit, an individual shall be required to complete the training course adopted under subsection a. of this section. Every local law enforcement officer appointed prior to the effective date of P.L.2022, c.65 (C.52:17B-71a et al.) shall, within 36 months of the effective date of P.L.2022, c.65 (C.52:17B-71a et al.), satisfactorily complete a training course in recognition and response techniques [concerning these] to employ when interacting with persons diagnosed with the disabilities identified in subsection a. of this section.
c. The Police Training Commission shall adopt rules and regulations, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), to effectuate the purposes of this act.
(cf: P.L.2022, c.65, s.11)
6. This act shall take effect on the first day of the seventh month next following the date of enactment.
STATEMENT
This bill requires the Chief Administrator (chief administrator) of the New Jersey Motor Vehicle Commission (commission) to allow the holder of a driver's license or non-identification card to voluntarily indicate on the license or identification card that the holder has been diagnosed with an acquired brain injury.
In addition, the bill requires the chief administrator to establish and maintain an automated Statewide registry accessible by law enforcement officers to identify and effectively communicate with a person diagnosed with autism spectrum disorder, a communication disorder, or an acquired brain injury. The registry is to be capable of storing information, including, but not limited to: (1) the license plate and registration information of any motor vehicle that the person intends to regularly operate; (2) the emergency contact information of a person authorized to communicate on behalf of the person diagnosed with autism spectrum disorder, a communication disorder, or an acquired brain injury; and (3) any other information that may assist a law enforcement officer when communicating with the person. Under the bill, a person may submit information to be included in the registry through the commission's Internet website, by mail, or when completing an application for a driver's license, motor vehicle registration, or non-driver identification card issued by the commission. The person is permitted to revise the information, update the information, or be removed from the registry at any time.
The bill further provides that the information in the registry is only to be made available to: (1) certain designated commission employees; and (2) law enforcement officers when accessing the person's motor vehicle records. The information may only be used during a motor vehicle stop or other law enforcement action to assist law enforcement officers in identifying and effectively communicating with a person who has been diagnosed with autism spectrum disorder, a communication disorder, or an acquired brain injury. Information submitted for the registry is not to be subject to public disclosure or discoverable as a government record.
The bill also establishes certain liability limitations for the chief administrator and designated commission employees relating to the entry and use of information in the registry, as outlined in the bill. However, the bill provides that the limitations are inapplicable in situations involving a malicious or wanton and willful disregard for the safety of persons or property.
Finally, the bill requires the training curriculum developed by the Commissioner of Health and the Commissioner of Human Services, in consultation with the New Jersey Fire and Emergency Medical Services Institute and the New Jersey State First Aid Council, and adopted by the Division of Fire Safety in the Department of Community Affairs and the Police Training Commission in the Department of Law and Public Safety, to include information on safety considerations and the proper recognition and response techniques to employ when interacting with persons diagnosed with autism spectrum disorder, deafness or hearing loss, blindness or vision loss, communication disorders, and acquired brain injuries.
