Bill Text: NJ S107 | 2022-2023 | Regular Session | Introduced
Bill Title: Extends to 90 days statute of limitations for unlawful use of cell phone while driving; increases penalties for texting while driving.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2022-01-11 - Introduced in the Senate, Referred to Senate Law and Public Safety Committee [S107 Detail]
Download: New_Jersey-2022-S107-Introduced.html
STATE OF NEW JERSEY
220th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2022 SESSION
Sponsored by:
Senator JAMES W. HOLZAPFEL
District 10 (Ocean)
SYNOPSIS
Extends to 90 days statute of limitations for unlawful use of cell phone while driving; increases penalties for texting while driving.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel.
An Act concerning the unlawful use of a wireless telephone or electronic communication device in a moving motor vehicle and amending R.S.39:5-3 and P.L.2003, c.310.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. R.S.39:5-3 is amended to read as follows:
39:5-3. a. When a person has violated a provision of this subtitle, the judge may, within 30 days after the commission of the offense, issue process directed to a constable, police officer, or the chief administrator for the appearance or arrest of the person so charged and for a violation of R.S.39:4-81, issue process within 90 days after the commission of the offense. In the case of a violation enumerated in subsection b. of this section, this period shall commence upon the filing of a complaint.
b. A complaint may be made to a judge for a violation of R.S.39:3-12, R.S.39:3-34, R.S.39:3-37, R.S.39:4-129 or R.S.39:10-24 at any time within one year after the commission of the offense; for a violation of R.S.39:4-50, section 2 of P.L.1981, c.512 (C.39:4-50.4a), section 5 of P.L.1990, c.103 (C.39:3-10.13), section 16 of P.L.1990, c.103 (C.39:3-10.24), section 3 of P.L.1952, c.157 (C.12:7-46), section 9 of P.L.1986, c.39 (C.12:7-57), R.S.39:3-40, [or] section 1 of P.L.1942, c.192 (C.39:4-128.1), or section 1 of P.L.2003, c.310 (C.39:4-97.3) at any time within 90 days after the commission of the offense.
c. All proceedings shall be brought before a judge having jurisdiction in the municipality in which it is alleged that the violation occurred, but when a violation occurs on a street through which the boundary line of two or more municipalities runs or crosses, then the proceeding may be brought before the judge having jurisdiction in any one of the municipalities divided by said boundary line, and in the event there shall be no judge or should no judge having such jurisdiction be available for the acceptance of bail and disposition of the case, or should the judges having such jurisdiction be disqualified because of personal interest in the proceedings, or for any other legal cause, said proceeding shall be brought before a judge having jurisdiction in the nearest municipality to the one in which it is alleged such a violation occurred.
(cf: P.L.2009, c.52, s.1)
2. Section 1 of P.L.2003, c.310 (C.39:4-97.3) is amended to read as follows:
1. a. The use of a wireless telephone or electronic communication device by an operator of a moving motor vehicle on a public road or highway shall be unlawful except when the telephone is a hands-free wireless telephone or the electronic communication device is used hands-free, provided that its placement does not interfere with the operation of federally required safety equipment and the operator exercises a high degree of caution in the operation of the motor vehicle. For the purposes of this section, an "electronic communication device" shall not include an amateur radio.
Nothing in P.L.2003, c.310 (C.39:4-97.3 et seq.) shall apply to the use of a citizen's band radio or two-way radio by an operator of a moving commercial motor vehicle or authorized emergency vehicle on a public road or highway.
b. The operator of a motor vehicle may use a hand-held wireless telephone while driving with one hand on the steering wheel only if:
(1) The operator has reason to fear for his life or safety, or believes that a criminal act may be perpetrated against himself or another person; or
(2) The operator is using the telephone to report to appropriate authorities a fire, a traffic accident, a serious road hazard or medical or hazardous materials emergency, or to report the operator of another motor vehicle who is driving in a reckless, careless or otherwise unsafe manner or who appears to be driving under the influence of alcohol or drugs. A hand-held wireless telephone user's telephone records or the testimony or written statements from appropriate authorities receiving such calls shall be deemed sufficient evidence of the existence of all lawful calls made under this paragraph.
As used in this act:
"Citizen's band radio" means a mobile communication device designed to allow for the transmission and receipt of radio communications on frequencies allocated for citizen's band radio service use.
"Hands-free wireless telephone" means a mobile telephone that has an internal feature or function, or that is equipped with an attachment or addition, whether or not permanently part of such mobile telephone, by which a user engages in a conversation without the use of either hand; provided, however, this definition shall not preclude the use of either hand to activate, deactivate, or initiate a function of the telephone.
"Two-way radio" means two-way communications equipment that uses VHF frequencies approved by the Federal Communications Commission.
"Use" of a wireless telephone or electronic communication device shall include, but not be limited to, talking or listening to another person on the telephone, text messaging, or sending an electronic message via the wireless telephone or electronic communication device.
c. (Deleted by amendment, P.L.2007, c.198).
d. A person who violates this section shall be fined as follows:
(1) for a first offense, not less than $200 or more than $400;
(2) for a second offense, not less than $400 or more than $600; and
(3) for a third or subsequent offense, not less than $600 or more than $800.
For a third or subsequent violation, the court, in its discretion, may order the person to forfeit the right to operate a motor vehicle over the highways of this State for a period of 90 days. In addition, a person convicted of a third or subsequent violation shall be assessed three motor vehicle penalty points pursuant to section 1 of P.L.1982, c.43 (C.39:5-30.5).
A person who violates this section by text messaging shall be fined $600 for a first offense, $800 for a second offense, and $1,000 for a third or subsequent offense and, pursuant to section 1 of P.L.1982, c.43 (C.39:5-30.5), shall be assessed two motor vehicle penalty points for a first offense, three motor vehicle penalty points for a second offense, and four motor vehicle penalty points for a third or subsequent offense. In addition, a person who violates this section by sending a text message and as a direct result of that violation is involved in a motor vehicle accident resulting in death or serious bodily injury, upon conviction, also shall forfeit the right to operate a motor vehicle for two years.
A person who has been convicted of a previous violation of this section need not be charged as a second or subsequent offender in the complaint made against him in order to render him liable to the punishment imposed by this section on a second or subsequent offender, but if the second offense occurs more than 10 years after the first offense, the court shall treat the second conviction as a first offense for sentencing purposes and if a third offense occurs more than 10 years after the second offense, the court shall treat the third conviction as a second offense for sentencing purposes.
e. Except as provided in subsection d. of this section, no motor vehicle penalty points or automobile insurance eligibility points pursuant to section 26 of P.L.1990, c.8 (C.17:33B-14) shall be assessed for this offense.
f. The Chief Administrator of the New Jersey Motor Vehicle Commission shall develop and undertake a program to notify and inform the public as to the provisions of this act. Notwithstanding the provisions of R.S.39:5-41, the fines assessed pursuant to subsection d. of this section shall be collected by the court and distributed as follows: 50 percent of the fine imposed shall be paid to the county and municipality wherein the violation occurred, to be divided equally, and 50 percent of the fine imposed shall be paid to the State Treasurer, who shall allocate the fine monies to the chief administrator to be used for this public education program, which shall include informing motorists of the dangers of texting while driving.
g. Whenever this section is used as an alternative offense in a plea agreement to any other offense in Title 39 of the Revised Statutes that would result in the assessment of motor vehicle points, the penalty shall be the same as the penalty for a violation of section 1 of P.L.2000, c.75 (C.39:4-97.2), including the surcharge imposed pursuant to subsection f. of that section, and a conviction under this section shall be considered a conviction under section 1 of P.L.2000, c.75 (C.39:4-97.2) for the purpose of determining subsequent enhanced penalties under that section.
(cf: P.L.2013, c.70 s.1)
3. This act shall take effect immediately.
STATEMENT
This bill extends from 30 to 90 days the statute of limitations for the traffic offense of unlawfully using a cell phone while driving.
The bill also increases the penalty for sending text messages while driving. A person who sends or receives text messages while driving is to be fined $600 and assessed two motor vehicle penalty points for a first offense; $800 and three penalty points for a second offense; and $1,000 and four penalty points for a third offense. In addition, a person who causes an accident resulting in death or serious bodily injury as a result of sending a text message is subject to a two-year license suspension which would commence upon completion of the person's prison sentence.
