Bill Text: NJ A5155 | 2018-2019 | Regular Session | Introduced
Bill Title: Expands implied consent statute to include urine testing.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2019-03-07 - Introduced, Referred to Assembly Law and Public Safety Committee [A5155 Detail]
Download: New_Jersey-2018-A5155-Introduced.html
Sponsored by:
Assemblyman R. BRUCE LAND
District 1 (Atlantic, Cape May and Cumberland)
Assemblyman MATTHEW W. MILAM
District 1 (Atlantic, Cape May and Cumberland)
SYNOPSIS
Expands implied consent statute to include urine testing.
CURRENT VERSION OF TEXT
As introduced.
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] the person's breath and urine for the purpose of making chemical tests to determine the content of alcohol in [his] the person's blood ; or narcotic, hallucinogenic or habit-producing drug in the person's urine; provided, however, that the taking of samples is made in accordance with the provisions of [this act] sections 2 through 5 of P.L.1966, c.142 (C.39:4-50.2 to 39:4-50.5) and at the request of a police officer who has reasonable grounds to believe that [such] the 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] the sample was taken, as well as the result of any chemical test, shall be made and a copy [thereof] of the record, 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] pursuant to this section, the person tested shall be permitted to have [such] samples taken and chemical tests of [his] the person's breath, urine, or blood made by a person or physician [of his own selection] the person selects.
(d) The police officer shall inform the person tested of [his] the person's rights under subsections (b) and (c) of this section.
(e) [No] A chemical test, as provided in this section, or specimen necessary thereto[, may] shall not 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] the test in accordance with section 2 of [this amendatory and supplementary act] P.L1981, c.512 (C.39:4-50a). A standard statement, prepared by the chief administrator, shall be read by the police officer to the person under arrest.
(cf: P.L. 2007, c.267, s.1)
2. This act shall take effect immediately.
STATEMENT
This bill expands the State's implied consent statute to include urine testing in addition to breath testing.
Currently, suspected drunk drivers are deemed to have given their consent to take a breathalyzer test to determine their blood alcohol content. A person who refuses to take a breathalyzer test is charged with a separate offense of refusal and is subject to a license suspension of between three 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 the provisions of this bill, a driver suspected of driving under the influence is deemed to have given consent to a urine test to determine the content of alcohol in the person's blood; or narcotic, hallucinogenic or habit-producing drug in the person's urine. A person who refuses to consent to a urine test is subject to the penalties for refusing to give consent to a breathalyzer test.
