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A-3057: Establishes Criminal Penalties for Second and Subsequent Offenses of Driving Under the Influence (DUI)

ASSEMBLY, No. 3057   STATE OF NEW JERSEY 215th LEGISLATURE   INTRODUCED JUNE 7, 2012 Sponsored by: Assemblyman  NELSON T. ALBANO District 1 (Atlantic, Cape May and Cumberland) Assemblyman  MATTHEW W. MILAM District 1 (Atlantic, Cape May and Cumberland) Assemblyman  JOHN F. AMODEO District 2 (Atlantic) Assemblyman  CHARLES MAINOR District 31 (Hudson) Assemblyman  JOHN J. BURZICHELLI District 3 (Cumberland, Gloucester and Salem) Assemblywoman  CAROLINE CASAGRANDE District 11 (Monmouth)   Co-Sponsored by: Assemblymen Johnson, P.Barnes, III, Assemblywoman Quijano, Assemblyman Wilson, Assemblywomen Angelini, Handlin, Assemblymen C.A.Brown, Rumpf, Assemblywoman Gove, Assemblymen Giblin, Wisniewski, DeAngelo, Assemblywoman Riley, Assemblymen DiMaio, Greenwald, Ramos, Diegnan, McKeon, Caputo, Schaer, Rible and Assemblywoman Vainieri Huttle   SYNOPSIS Criminalizes second or subsequent drunk driving offenses in certain cases.   CURRENT VERSION OF TEXT As introduced. AN ACT concerning driving while under the influence, supplementing Title 2C and Title 2A of the New Jersey Statutes and chapter 4 of Title 39 of the Revised Statutes.   BE IT ENACTED by the Senate and General Assembly of the State of New Jersey:   1.    In addition to any penalties imposed under R.S.39:4-50 or section 2 of P.L.1981, c.512 (C.39:4-50.4a), a person who is convicted of a second or subsequent violation of R.S.39:4-50 or section 2 of P.L.1981, c.512 (C.39:4-50.4a) occurring within 60 days of the first violation shall be guilty of a crime of the fourth degree.   2.    Every law enforcement officer shall input into the appropriate system, within three hours of the end of the law enforcement officer's shift, every summons that was issued by that law enforcement officer for a violation of R.S.39:4-50 or section 2 of P.L.1981, c.512 (C.39:4-50.4a) during the officer's shift.   3.    a.  Notwithstanding the provisions of section 1 of P.L.1983, c.423 (C.2C:6-1), in every case where a person has been charged with a crime of the fourth degree pursuant to section 1 of P.L.    , c.   (C.        ) (pending before the Legislature as this bill), the court may require the posting of bail in an amount not to exceed $10,000. b.    During the bail hearing of a person who has been charged with a crime of the fourth degree pursuant to section 1 of P.L.    , c.   (C.        ) (pending before the Legislature as this bill), the court shall suspend any license certificate or any nonresident reciprocity privilege to operate any motor vehicle or motorized bicycle held by the individual charged and shall issue a temporary order prohibiting the individual from obtaining any license to operate any motor vehicle or motorized bicycle in this State.   4.    This act shall take effect immediately.  

STATEMENT

     This bill establishes criminal penalties for second and subsequent offenses of driving under the influence (DUI) when the second or subsequent offense occurs within 60 days of the first offense.  The bill also requires law enforcement officers to input summonses for DUI offenses into their system within three hours of the end of the officer's shift.  The bill permits the court to impose bail in an amount up to $10,000 and requires the court to suspend the person's driver's license. Under the provisions of this bill, a person who is convicted of a second or subsequent DUI offense that occurred within 60 days of the first offense would be guilty of a crime of the fourth degree in addition to any other penalties imposed for DUI or refusal to submit to a breathalyzer test.  A crime of the fourth degree is punishable by a fine of up to $10,000, imprisonment for up to 18 months, or both.  Currently, DUI is a traffic offense under Title 39 of the Revised Statutes (the State motor vehicle code). The court is permitted to impose a bail requirement of up to $10,000 when a person is charged with a second or subsequent DUI offense within 60 days of the first offense. Under current law, no person charged with a crime of the fourth degree, a disorderly persons offense or a petty disorderly persons offense can be required to deposit bail in an amount exceeding $2,500, unless the court finds that the person presents a serious threat to the physical safety of potential evidence or persons involved in circumstances surrounding the alleged offense, or unless the court finds bail of that amount will not reasonably assure the appearance of the defendant as required. Current law does provide for the court to elect, for good cause shown, to impose a higher bail, but requires the court to place on the record its reasons for imposing bail in an amount exceeding $2,500.  These bail limitations would not apply to persons who are charged with the offense created under this bill. In addition, this bill requires the court, during the bail hearing, to suspend the driver's license of a person who has been charged with a second DUI offense within 60 days of the first offense. Finally, the bill requires law enforcement officers to input all summonses issued for a DUI violation into their system within three hours of the end of the shift in which they issued the summons.

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