Bill Text: NJ S3099 | 2016-2017 | Regular Session | Introduced


Bill Title: Concerns emergency warning lights; criminalizes using vehicle to impersonate law enforcement officer.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2017-05-01 - Introduced in the Senate, Referred to Senate Law and Public Safety Committee [S3099 Detail]

Download: New_Jersey-2016-S3099-Introduced.html

SENATE, No. 3099

STATE OF NEW JERSEY

217th LEGISLATURE

 

INTRODUCED MAY 1, 2017

 


 

Sponsored by:

Senator  DAWN MARIE ADDIEGO

District 8 (Atlantic, Burlington and Camden)

 

 

 

 

SYNOPSIS

     Concerns emergency warning lights; criminalizes using vehicle to impersonate law enforcement officer.

 

CURRENT VERSION OF TEXT

     As introduced.

  


An Act concerning the use of emergency warning lights and impersonating a law enforcement officer, supplementing Title 2C of the New Jersey Statutes. and amending P.L.1977, c.223.

 

     Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

     1.    (New section) a. A person shall not sell or offer for sale to the general public a blue emergency warning light, unless the purchaser presents to the seller a valid identification card issued pursuant to section 5 of P.L.1977, c.223 (C.39:3-54.11), or a permit issued pursuant to sections 5 and 6 of P.L.2005, c.34 (C.39:3-54.22 and C.39:3-54.23).

     b.    A person who violates this section is a disorderly person and, in addition to any other penalty imposed, shall be fined $500 for a first offense and $1,000 for a subsequent offense.

 

     2.    (New section) It is a crime of the fourth degree for a person to operate any vehicle, which by its coloration, insignia, lettering, or blue or red light resembles a vehicle used, owned, possessed, or operated by a law enforcement agency, with the intent to impersonate a law enforcement officer and with the purpose to induce a reasonable person to submit to that pretend official authority or otherwise act in reliance upon that pretense.

 

     3.    Section 7 of P.L.1977, c.223 (C.39:3-54.13) is amended to read as follows:

     7.    Any person authorized to operate emergency warning lights pursuant to P.L.1977, c.223 (C.39:3-54.7 et seq.) who willfully operates [such] emergency warning lights in violation of the provisions of P.L.1977, c.223 (C.39:3-54.7 et seq.) shall be [liable to a penalty of not more than $100] fined not more than $200 and the person's privilege to operate [such] the emergency warning lights may be suspended or revoked by the Chief Administrator of the New Jersey Motor Vehicle Commission.  A person who is not authorized to operate emergency warning lights who willfully operates [such] emergency warning lights shall be [liable to a penalty of] fined not more than [$200] $400.

(cf:  P.L.2005, c.218, s.6)

 

     4.  This act shall take effect immediately.

STATEMENT

 

     Under the provisions of this bill, it is a disorderly persons offense to sell or offer to sell a blue emergency warning light unless the purchaser presents to the seller a valid identification card or permit which is issued to certain volunteer fire or emergency services personnel pursuant to section 5 of P.L.1977, c.223 (C.39:3-54.11), or sections 5 and 6 of P.L.2005, c.34 (C.39:3-54.22 and C.39:3-54.23).  A violation of this provision is punishable by a minimum fine of $500 for a first offense and a minimum of $1,000 for each subsequent offense, a prison term of up to six months, or both.

     This bill further provides that it is a crime of the fourth degree for a person to operate any vehicle, which by its coloration, insignia, lettering, or blue or red light resembles a vehicle used, owned, possessed, or operated by a law enforcement agency, with the intent to impersonate a law enforcement officer and with the purpose to induce a reasonable person to submit to that pretend official authority or otherwise act in reliance upon that pretense.  A crime of the fourth degree is punishable by a fine of up to $10,000, a prison term of up to 18 months, or both.

     In addition, the bill also doubles the current penalties under Title 39 (the motor vehicle code) for the unauthorized use of emergency warning lights. Current law establishes that the penalty for unauthorized use of emergency lights is a $100 fine and suspension or revocation of the privilege to operate emergency lights, and fine of up to $200 if an unauthorized person uses emergency lights.  Under this bill, the fine for unauthorized use of emergency lights would increase to a minimum of $200 and the fine for use by an unauthorized person would increase to a minimum of $400.

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