Bill Text: NJ SR22 | 2018-2019 | Regular Session | Introduced
Bill Title: Urges New Jersey Supreme Court to amend rule to require person to have five outstanding parking tickets before arrest warrant is issued.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2018-01-09 - Introduced in the Senate, Referred to Senate Judiciary Committee [SR22 Detail]
Download: New_Jersey-2018-SR22-Introduced.html
STATE OF NEW JERSEY
218th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2018 SESSION
Sponsored by:
Senator LINDA R. GREENSTEIN
District 14 (Mercer and Middlesex)
SYNOPSIS
Urges New Jersey Supreme Court to amend rule to require person to have five outstanding parking tickets before arrest warrant is issued.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel.
A Senate Resolution respectfully urging the Supreme Court of New Jersey to amend rule to require a person to have at least five outstanding parking tickets before arrest warrant is issued.
WHEREAS, Under the State's "Parking Offenses Adjudication Act" (POAA), a parking ticket issued to the owner or operator of a motor vehicle contains information on how to respond to an alleged parking offense; and
WHEREAS, If a defendant does not pay the ticket or appear at the scheduled court date as specified on the parking ticket, the court issues a failure to appear notice which includes a new court date; and
WHEREAS, If the defendant does not appear at the rescheduled court date, current court rules give the court discretion to issue a warrant for the defendant's arrest if the defendant has two or more outstanding parking tickets in the municipality; and
WHEREAS, A recent incident involving a Princeton University professor arrested for unpaid parking tickets has prompted consideration of the circumstances under which this State's citizens should be arrested for parking offenses; and
WHEREAS, It may not be appropriate in every case to arrest a defendant who has failed to pay two outstanding parking tickets due to the potential hardship to the defendant and the law enforcement resources expended, which may be utilized for more pressing public safety matters; and
WHEREAS, The term of driver's license suspension authorized under the POAA serves as an equally effective method of compelling a defendant's appearance for non-compliance; and
WHEREAS, An arrest warrant for a parking offense should be issued only to a defendant who has more than five outstanding parking tickets, unless an exception to this rule is warranted by the facts in a particular case; now, therefore,
Be It Resolved by the Senate of the State of New Jersey:
1. The Senate respectfully urges the Supreme Court of New Jersey to amend the current New Jersey Rules of Court authorizing the court to issue a warrant for the arrest of a defendant only if the defendant has failed to respond to at least five pending parking tickets within the jurisdiction, unless the court finds compelling circumstances, stated on the record, to issue a warrant to a defendant who has failed to respond to at least two parking tickets.
2. Copies of this
resolution, as filed with the Secretary of State, shall be transmitted by the
Secretary of the Senate to the Administrative Director of the Administrative
Office of the Courts.
STATEMENT
This Senate resolution respectfully urges the Supreme Court of New Jersey to amend the current court rules authorizing municipal courts to issue a warrant for the arrest of a defendant who has failed to respond to at least five pending parking tickets within the jurisdiction. Under the current court rules, the court may issue a warrant if the defendant has two unpaid parking tickets.
The resolution further urges that the rule include an exception if the court finds compelling circumstances stated on the record to issue a warrant to a defendant who has failed to respond to at least two parking tickets.
