Bill Text: NJ S2933 | 2012-2013 | Regular Session | Introduced
Bill Title: Expands implied consent statute to include blood and urine testing; permits use of reasonable force to obtain blood sample in certain cases.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2013-08-19 - Introduced in the Senate, Referred to Senate Law and Public Safety Committee [S2933 Detail]
Download: New_Jersey-2012-S2933-Introduced.html
Sponsored by:
Senator CHRISTOPHER "KIP" BATEMAN
District 16 (Hunterdon, Mercer, Middlesex and Somerset)
SYNOPSIS
Expands implied consent statute to include blood and urine testing; permits use of reasonable force to obtain blood sample in certain cases.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning driving under the influence 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 breath, blood, or urine for the purpose of making chemical tests to determine the content of alcohol in his blood; provided, however, that the taking of samples is made in accordance with the provisions of this act and at the request of a police officer who has reasonable grounds to believe that such 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, as well as the result of any chemical test, shall be made and a copy thereof, 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, the person tested shall be permitted to have such samples taken and chemical tests of his breath, urine or blood made by a person or physician of his own selection.
(d) The police officer shall inform the person tested of his rights under subsections (b) and (c) of this section.
(e) No chemical test of a person's breath, as provided in this section, or specimen necessary thereto, may 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 test in accordance with section 2 of [this amendatory and supplementary act] P.L.1981, c.512 (C.39:4-50.4a). A standard statement, prepared by the chief administrator, shall be read by the police officer to the person under arrest.
In any case where a law
enforcement officer has reasonable grounds to believe that a person has been
operating a motor vehicle in violation of the provisions of R.S.39:4-50 and was
involved in an accident resulting in death or serious bodily injury to another
person, chemical tests of a person's blood may be made or taken by use of
reasonable force if necessary; provided, however, the test shall be performed
in a medically acceptable manner. As used in
this section, "serious bodily injury" means bodily injury which
creates a substantial risk of death or which causes serious, permanent disfigurement,
or protracted loss or impairment of the function of any bodily member or organ.
(cf: P.L.2007, c.267, s.1)
2. Section 3 of P.L.1966, c.142 (C.39:4-50.3) is amended to read as follows:
3. Chemical analyses of the arrested person's breath, to be considered valid under the provisions of this act, shall have been performed according to methods approved by the Attorney General, and by a person certified for this purpose by the Attorney General. The Attorney General is authorized to approve satisfactory techniques or methods, to ascertain the qualifications and competence of individuals to conduct such analyses, and to make certifications of such individuals, which certifications shall be subject to termination or revocation at the discretion of the Attorney General. The Attorney General shall prescribe a uniform form for reports of such chemical analysis of breath, blood, and urine to be used by law enforcement officers and others acting in accordance with the provisions of this act. Such forms shall be sequentially numbered. Each chief of police, in the case of forms distributed to law enforcement officers and others in his municipality, or the other officer, board, or official having charge or control of the police department where there is no chief, and the [Director of the Division of Motor Vehicles] Chief Administrator of the New Jersey Motor Vehicle Commission and the Superintendent of State Police, in the case of such forms distributed to law enforcement officers and other personnel [in their divisions], shall be responsible for the furnishing and proper disposition of such uniform forms. Each such responsible party shall prepare or cause to be prepared such records and reports relating to such uniform forms and their disposition in such manner and at such times as the Attorney General shall prescribe.
(cf: P.L.1971, c.273, s.1)
3. This act shall take effect immediately.
STATEMENT
This bill expands the implied consent statute to include blood and urine testing, and provides that a law enforcement officer may use reasonable force to obtain a blood sample from certain suspected intoxicated drivers.
Under current law, a person who operates a motor vehicle on the State's highways or roads is deemed to have given his consent to the taking of samples of his breath in order to determine his blood alcohol content (BAC). The sample must be drawn at the request of a police officer who has reasonable grounds to believe that the person has been operating a motor vehicle while under the influence in violation of R.S.39:4-50.
The bill provides that a person who refuses to provide a blood and urine sample also could be charged under section 2 of P.L.1981, c.512 (C.39:4-50.4a) with refusing to submit to a chemical test. This is the statute under which persons who refuse to submit to a breathalyzer test are currently charged. The penalties for a first offense include a fine of $300 to $500 and a license suspension of seven months to one year; for a second offense, a fine of $500 to $1,000 and two-year license suspension; and for a third or subsequent offense, a $1,000 fine and 10-year license suspension.
The bill further provides that if a law enforcement officer has reasonable grounds to believe that a person has been operating a motor vehicle in violation of the provisions of R.S.39:4-50 and was involved in an accident resulting in death or serious bodily injury to another person, reasonable force may be used to obtain a blood sample. The blood test must be performed in a medically acceptable manner.
