Bill Text: NJ S2039 | 2014-2015 | Regular Session | Introduced
Bill Title: Requires repeat violator of unsafe driving law who committed previous offense more than five years ago to be sentenced as first offender.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2014-05-05 - Introduced in the Senate, Referred to Senate Judiciary Committee [S2039 Detail]
Download: New_Jersey-2014-S2039-Introduced.html
SENATE, No. 2039
STATE OF NEW JERSEY
216th LEGISLATURE
INTRODUCED MAY 5, 2014
Sponsored by:
Senator NICHOLAS P. SCUTARI
District 22 (Middlesex, Somerset and Union)
Senator CHRISTOPHER "KIP" BATEMAN
District 16 (Hunterdon, Mercer, Middlesex and Somerset)
SYNOPSIS
Requires repeat violator of unsafe driving law who committed previous offense more than five years ago to be sentenced as first offender.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning driving in an unsafe manner and amending P.L.2000, c.75.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 1 of P.L.2000, c.75 (C.39:4-97.2) is amended to read as follows:
a. Notwithstanding any other provision of law to the contrary, it shall be unlawful for any person to drive or operate a motor vehicle in an unsafe manner likely to endanger a person or property.
b. A person convicted of a first offense under subsection a. shall be subject to a fine of not less than [$50.00] $50 or more than [$150.00] $150 and shall not be assessed any motor vehicle penalty points pursuant to section 1 of P.L.1982, c.43 (C.39:5-30.5).
c. A person convicted of a second offense under subsection a. shall be subject to a fine of not less than [$100.00] $100 or more than [$250.00] $250 and shall not be assessed any motor vehicle penalty points pursuant to section 1 of P.L.1982, c.43 (C.39:5-30.5).
d. A person convicted of a third or subsequent offense under subsection a. shall be subject to a fine of not less than [$200.00] $200 or more than [$500.00] $500 and shall be assessed motor vehicle penalty points pursuant to section 1 of P.L.1982, c.43 (C.39:5-30.5).
e. [An offense committed under this section that occurs] A person who commits an offense under this section more than five years after [the] a prior offense under this section shall [not be considered a subsequent offense for the purpose of assessing motor vehicle penalty points under subsection d. of this section] be sentenced as a first-time offender.
f. In addition to any fine, fee or other charge imposed pursuant to law, the court shall assess a person convicted of an offense under subsection a. of this section a surcharge of $250 which shall be collected by the court and distributed to the Division of Revenue in the Department of the Treasury as a New Jersey Merit Rating Plan surcharge pursuant to subparagraph (a) of paragraph (2) of subsection b. of section 6 of P.L.1983, c.65 (C.17:29A-35).
(cf: P.L.2004, c.69, s.1)
2. This act shall take effect immediately.
STATEMENT
This bill clarifies that persons who commit the motor vehicle violation of driving in an unsafe manner more than five years after a previous conviction are to be sentenced as first-time offenders.
Under current law, a person who is convicted for a first offense of driving or operating a motor vehicle in an unsafe manner likely to endanger a person or property is fined between $50 and $150, and is not assessed any motor vehicle penalty points. A person who is convicted of a second offense is fined between $100 and $250, and is not assessed any penalty points. A person who is convicted for a third or subsequent offense is fined between $200 and $500 and is assessed four penalty points. An offense committed more than five years after the prior offense is not considered a subsequent offense for the purpose of assessing motor vehicle penalty points.
Under this bill, a person who commits the offense of driving in an unsafe manner is to be considered a first-time offender for sentencing purposes.
