Bill Text: NJ S894 | 2012-2013 | Regular Session | Introduced
Bill Title: Increases additional penalty assessment for drunk driving; dedicates revenue to VCCB.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2012-01-17 - Introduced in the Senate, Referred to Senate Law and Public Safety Committee [S894 Detail]
Download: New_Jersey-2012-S894-Introduced.html
Sponsored by:
Senator JOSEPH F. VITALE
District 19 (Middlesex)
Senator LORETTA WEINBERG
District 37 (Bergen)
SYNOPSIS
Increases additional penalty assessment for drunk driving; dedicates revenue to VCCB.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning certain additional penalty assessments and amending P.L.1979, c.396.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 2 of P.L.1979, c.396 (C.2C:43-3.1) is amended to read as follows:
2. a. (1) In addition to any disposition made pursuant to the provisions of N.J.S.2C:43-2, any person convicted of a crime of violence, theft of an automobile pursuant to N.J.S.2C:20-2, eluding a law enforcement officer pursuant to subsection b. of N.J.S.2C:29-2 or unlawful taking of a motor vehicle pursuant to subsection b., c. or d. of N.J.S.2C:20-10 shall be assessed at least $100.00, but not to exceed $10,000.00 for each such crime for which he was convicted which resulted in the injury or death of another person. In imposing this assessment, the court shall consider factors such as the severity of the crime, the defendant's criminal record, defendant's ability to pay and the economic impact of the assessment on the defendant's dependents.
(2) (a) In addition to any other disposition made pursuant to the provisions of N.J.S.2C:43-2 or any other statute imposing sentences for crimes, any person convicted of any disorderly persons offense, any petty disorderly persons offense, or any crime not resulting in the injury or death of any other person shall be assessed $50.00 for each such offense or crime for which he was convicted.
(b) In addition to any other disposition made pursuant to the provisions of section 24 of P.L.1982, c.77 (C.2A:4A-43) or any other statute indicating the dispositions that can be ordered for adjudications of delinquency, any juvenile adjudicated delinquent, according to the definition of "delinquency" established in section 4 of P.L.1982, c.77 (C.2A:4A-23), shall be assessed at least $30.00 for each such adjudication, but not to exceed the amount which could be assessed pursuant to paragraph (1) or paragraph (2) (a) of subsection a. of this section if the offense was committed by an adult.
(c) In addition to any other assessment imposed pursuant to the provisions of R.S.39:4-50, the provisions of section 12 of P.L.1990, c.103 (C.39:3-10.20) relating to a violation of section 5 of P.L.1990, c.103 (C.39:3-10.13), the provisions of section[19 of P.L.1954, c.236 (C.12:7-34.19)] 3 of P.L.1952, c.157 (C.12:7-46) or the provisions of section 3 of P.L.1952, c.157 (C.12:7-46), any person convicted of operating a motor vehicle, commercial motor vehicle or vessel while under the influence of liquor or drugs shall be assessed [$50.00] $75.
(d) In addition to any term or condition that may be included in an agreement for supervisory treatment pursuant to N.J.S.2C:43-13 or imposed as a term or condition of conditional discharge pursuant to N.J.S.2C:36A-1, a participant in either program shall be required to pay an assessment of $50.00.
(3) All assessments provided for in this section shall be collected as provided in section 3 of P.L.1979, c.396 (C.2C:46-4) and the court shall so order at the time of sentencing. When a defendant who is sentenced to incarceration in a State correctional facility has not, at the time of sentencing, paid an assessment for the crime for which he is being sentenced or an assessment imposed for a previous crime, the court shall specifically order the Department of Corrections to collect the assessment during the period of incarceration and to deduct the assessment from any income the inmate receives as a result of labor performed at the institution or on any work release program or from any personal account established in the institution for the benefit of the inmate. All moneys collected, whether in part or in full payment of any assessment imposed pursuant to this section, shall be forwarded monthly by the parties responsible for collection, together with a monthly accounting on forms prescribed by the Victims of Crime Compensation Board pursuant to section 19 of P.L.1991, c.329 (C.52:4B-8.1), to the Victims of Crime Compensation Board.
(4) The Victims of Crime Compensation Board shall forward monthly all moneys received from assessments collected pursuant to this section to the State Treasury for deposit as follows:
(a) Of moneys collected on assessments imposed pursuant to paragraph a. (1):
(i) the first $72.00 collected for deposit in the Victims of Crime Compensation Board Account,
(ii) the next $3.00 collected for deposit in the Criminal Disposition and Revenue Collection Fund,
(iii) the next $25.00 collected for deposit in the Victim Witness Advocacy Fund, and
(iv) moneys collected in excess of $100.00 for deposit in the Victims of Crime Compensation Board Account;
(b) Of moneys collected on assessments imposed pursuant to paragraph a. (2) (a)[, (c)] or (d):
(i) the first $39.00 collected for deposit in the Victims of Crime Compensation Board Account,
(ii) the next $3.00 collected for deposit in the Criminal Disposition and Revenue Collection Fund, and
(iii) the next $8.00 collected for deposit in the Victim and Witness Advocacy Fund;
(c) Of moneys collected on assessments imposed pursuant to paragraph a. (2) (b):
(i) the first $17.00 for deposit in the Victims of Crime Compensation Board Account, and
(ii) the next $3.00 collected for deposit in the Criminal Disposition and Revenue Collection Fund, and
(iii) the next $10.00 for deposit in the Victim and Witness Advocacy Fund, and
(iv) moneys collected in excess of $30.00 for deposit in the Victims of Crime Compensation Board Account[.];
(d) Of moneys collected on assessments imposed pursuant to paragraph a. (2)(c):
(i) the first $64 collected for deposit in the Victims of Crime Compensation Board Account,
(ii) the next $3 collected for deposit in the Criminal Disposition and Revenue Collection Fund, and
(iii) the next $8 collected for deposit in the Victim and Witness Advocacy Fund.
(5) The Victims of Crime Compensation Board shall provide the Attorney General with a monthly accounting of moneys received, deposited and identified as receivable, on forms prescribed pursuant to section 19 of P.L.1991, c.329 (C.52:4B-8.1).
(6) (a) The Victims of Crime Compensation Board Account shall be a separate, nonlapsing, revolving account that shall be administered by the Victims of Crime Compensation Board. All moneys deposited in that Account shall be used in satisfying claims pursuant to the provisions of the "Criminal Injuries Compensation Act of 1971," P.L.1971, c.317 (C.52:4B-1 et seq.) and for related administrative costs.
(b) The Criminal Disposition and Revenue Collection Fund shall be a separate, nonlapsing, revolving account that shall be administered by the Victims of Crime Compensation Board. All moneys deposited in that Fund shall be used as provided in section 19 of P.L.1991, c.329 (C.52:4B-8.1).
(c) The Victim and Witness Advocacy Fund shall be a separate, nonlapsing, revolving fund and shall be administered by the Division of Criminal Justice, Department of Law and Public Safety and all moneys deposited in that Fund pursuant to this section shall be used for the benefit of victims and witnesses of crime as provided in section 20 of P.L.1991, c.329 (C.52:4B-43.1) and for related administrative costs.
b. (Deleted by amendment, P.L.1991, c.329).
c. (Deleted by amendment, P.L.1991, c.329).
d. (Deleted by amendment, P.L.1991, c.329).
(cf: P.L.1995, c.135, s.1)
2. This act shall take effect on the first day of the fourth month after enactment.
STATEMENT
This bill increases the penalty assessed pursuant to P.L.1979, c.396 (C.2C:43-3.1) for violations of the drunk driving and drunk boating laws from $50 to $75, and designates the additional revenue for the Victims of Crime Compensation Board.
