SENATE, No. 356

STATE OF NEW JERSEY

220th LEGISLATURE

 

PRE-FILED FOR INTRODUCTION IN THE 2022 SESSION

 


 

Sponsored by:

Senator  VIN GOPAL

District 11 (Monmouth)

 

Co-Sponsored by:

Senator Corrado

 

 

 

 

SYNOPSIS

     Provides for lifetime disqualification from operating commercial motor vehicle and transportation network company vehicle for persons convicted of human trafficking.

 

CURRENT VERSION OF TEXT

     Introduced Pending Technical Review by Legislative Counsel.

  


An Act concerning the lifetime disqualification from operating commercial motor vehicles and transportation network company vehicles for human trafficking convictions and amending P.L.1990, c.103 and P.L.2017, c.26.

 

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

 

     1.    Section 12 of P.L.1990, c.103 (39:3-10.20) is amended to read as follows:

     12.  a.  In addition to the imposition of any other penalty provided by law, the chief administrator shall suspend for not less than one year nor more than three years the commercial motor vehicle driving privilege of a person convicted for a first violation of: 

     (1)   R.S.39:4-50 if the motor vehicle was a commercial motor vehicle or section 5 of this act.

     (2)   R.S.39:4-129 if the motor vehicle was a commercial motor vehicle operated by the person.

     (3)   Using a commercial motor vehicle in the commission of any "crime" as defined in subsection a., c., or d. of N.J.S.2C:1-4, except in circumstances where harsher penalties are provided by this section

     (4)   Refusal to submit to a chemical test under section 2 of P.L.1966, c.142 (C.39:4-50.2) or section 16 of this act if the motor vehicle was a commercial motor vehicle.

     (5)   Paragraph (1) of subsection b. of section 10 of this act.

     (6)   A violation, arising in connection with a fatal accident, of State or local law relating to motor vehicle traffic control, other than a parking violation, regardless of whether the motor vehicle operated by the person was a commercial motor vehicle or a non-commercial motor vehicle.

     b.    If a first violation of any of the violations specified in subsection a. of this section takes place while transporting hazardous material or takes place in a vehicle displaying a hazardous material placard, the chief administrator shall suspend the commercial motor vehicle driving privilege of the person for three years.

     c.     Subject to the provisions of subsection d. of this section, the chief administrator shall revoke for life the commercial motor vehicle driving privilege of a person for a second or subsequent violation of any of the offenses specified in subsections a. and j. of this section or any combination of those offenses arising from two or more separate incidents.

     d.    The chief administrator may issue rules and regulations establishing guidelines, including conditions under which a revocation of commercial motor vehicle driving privilege for life under subsection c. may be reduced to a period of not less than 10 years.

     e.     Notwithstanding any other provision of law to the contrary, the chief administrator shall revoke for life the commercial motor vehicle driving privilege of a person who uses a commercial motor vehicle or a non-commercial motor vehicle in the commission of a crime involving the manufacture, distribution, or dispensing of a controlled substance or controlled substance analog, or possession with intent to manufacture, distribute, or dispense a controlled substance or controlled substance analog.

     Notwithstanding any other provision of law to the contrary, the chief administrator shall revoke for life the commercial motor vehicle driving privilege of a person who is convicted of a crime involving an act or practice described in N.J.S.2C:13-8 or involving an act or practice of one or more of the severe forms of trafficking in persons as described in paragraph (11) of 22 U.S.C. 7102, the federal “Trafficking Victims Protection Act of 2000.”

     A revocation under this subsection shall not be subject to reduction in accordance with subsection d. of this section.

     f.     (1) The chief administrator shall suspend the commercial motor vehicle driving privilege of a person for a period of not less than 60 days if the person is convicted of a serious traffic violation, other than a violation arising in connection with a fatal accident as set forth in paragraph (6) of  subsection a. of this section, and that conviction constitutes the second serious traffic violation committed in a commercial motor vehicle or non-commercial motor vehicle in this or any other state arising from separate incidents occurring within a three-year period.  The chief administrator shall suspend the commercial motor vehicle driving privilege for 120 days if the conviction constitutes the third or subsequent serious traffic violation, other than a violation arising in connection with a fatal accident as set forth in paragraph (6) of subsection a. of this section, committed in a commercial motor vehicle or non-commercial motor vehicle in this or any other state arising from separate incidents occurring within a three-year period.

     (2)   The chief administrator shall suspend the commercial motor vehicle driving privilege of a person for a period of not less than 60 days if the person is convicted of a violation of R.S.39:4-128; section 68 of P.L.1951, c.23 (C.39:4-127.1); or section 10 of P.L.2005, c.147 (C.39:4-128.11).  The chief administrator shall suspend the commercial motor vehicle driving privilege for not less than 120 days if the conviction constitutes the second violation of R.S.39:4-128; section 68 of P.L.1951, c.23 (C.39:4-127.1); section 10 of P.L.2005, c.147 (C.39:4-128.11) or any combination of such violations in this or any other state arising from separate incidents occurring within a three-year period.  The chief administrator shall suspend the commercial motor vehicle driving privilege for not less than one year if the conviction constitutes the third or subsequent violation of R.S.39:4-128; section 68 of P.L.1951, c.23 (C.39:4-127.1); section 10 of P.L.2005, c.147 (C.39:4-128.11) or any combination of such violations in this or any other state arising from separate incidents occurring within the past three years.

     (3)   The chief administrator shall suspend the commercial motor vehicle driving privilege of a person for a period of not less than 180 days or more than one year if the person is convicted of violating a driver, commercial motor vehicle, or motor carrier operation out-of-service order while driving a commercial motor vehicle transporting nonhazardous materials.  The chief administrator shall suspend the commercial motor vehicle driving privilege of a person for a period of not less than two years or more than five years if the conviction constitutes the second conviction in a separate incident in this or any other state within a 10-year period of violating a driver, commercial motor vehicle, or motor carrier operation out-of-service order while driving a commercial motor vehicle transporting nonhazardous materials.  The chief administrator shall suspend the commercial motor vehicle driving privilege of a person for a period of not less than three years or more than five years if the conviction constitutes the third or subsequent conviction in a separate incident in this or any other state within a 10-year period of violating a driver, commercial motor vehicle, or motor carrier operation out-of-service order while driving a commercial motor vehicle transporting nonhazardous materials.

     (4)   The chief administrator shall suspend the commercial motor vehicle driving privilege of a person for a period of not less than 180 days or more than two years if the person is convicted of violating a driver, commercial motor vehicle, or motor carrier operation out-of-service order while driving a commercial motor vehicle transporting hazardous materials required to be placarded under Subpart F of 49 C.F.R. s.172, or while operating a vehicle designed to transport 16 or more passengers, including the driver.  The chief administrator shall suspend the commercial motor vehicle driving privilege of a person for a period of not less than three years or more than five years if the conviction constitutes a second or subsequent conviction in a separate incident within a 10-year period in this or any other state of violating a driver, commercial motor vehicle, or motor carrier operation out-of-service order while driving a commercial motor vehicle transporting hazardous materials required to be placarded under Subpart F of  49 C.F.R. s.172, or while operating a vehicle designed to transport 16 or more passengers, including the driver.

     g.    A court shall make a report to the chief administrator within three days in such form as the chief administrator may require concerning conviction for any violation [of] or crime listed or described in P.L.1990, c.103 (C.39:3-10.9 et seq.).  The chief administrator shall notify the Commercial Driver License Information System of the suspension, revocation, or cancellation.  In the case of non-residents, the chief administrator also shall notify the licensing authority of the state which issued the commercial driver license or the state where the person is domiciled.  The chief administrator shall provide these notices within 10 days after the suspension, revocation, cancellation, or disqualification.

     h.    The chief administrator shall in accordance with this section suspend a commercial motor vehicle driving privilege of a person holding, or required to hold, a commercial driver license issued by this State if the person is convicted in another state or foreign jurisdiction of an offense of a substantially similar nature to the offenses specified in subsection a., e., f., g., h., i. or j. of this section.  For purposes of this section, a violation such as driving while intoxicated, driving under the influence, or driving while ability is impaired shall be considered substantially similar offenses.  For purposes of this section, a violation committed in another state but substantially similar to those enumerated in subsection a., e., f., g., h., i. or j. of this section committed in this State shall be included.

     i.     Notwithstanding any other provision of law to the contrary, a conviction under this section, or section 5 or 16 of [this act] P.L.1990, c.103 (C.39:3-10.13 or C.39:3-10.24), shall not merge with a conviction for a violation of R.S.39:4-50 or section 2 of P.L.1966, c.142 (C.39:4-50.2).

     j.     In addition to any other penalty provided by law, the chief administrator shall suspend for one year the commercial motor vehicle driving privilege of a person for a first violation of:

     (1)   R.S.39:4-50 while operating a non-commercial motor vehicle;

     (2)   R.S.39:4-129 while operating a non-commercial motor vehicle;

     (3)   Refusing to submit to a chemical test under section 2 of P.L.1966, c.142 (C.39:4-50.2) while operating a non-commercial motor vehicle; or

     (4)   Using a non-commercial motor vehicle in the commission of any "crime" as defined in subsection a., c., or d. of N.J.S.2C:1-4.

     k.    The chief administrator shall in accordance with this section suspend the commercial motor vehicle driving privilege of a person holding, or required to hold, a commercial driver license issued by this State if that person has been disqualified from operating a commercial motor vehicle by the Federal Motor Carrier Safety Administration pursuant to 49 C.F.R. s.383.52 because that person's driving has been determined to constitute an imminent hazard.

     l.     The New Jersey Motor Vehicle Commission shall maintain records of accidents, convictions, and disqualification for persons holding, or required to hold, a commercial driver license in accordance with 49 C.F.R. s.384.225 and the AAMVAnet, Inc.'s "Commercial Driver License Information System State Procedures," as amended and supplemented.

     m.   Any driver who is found to be in violation of the provisions of paragraph (a) or (b) of 49 C.F.R. s.392.5, relating to the use of alcohol, being under the influence of alcohol, having any measured alcohol concentration or detected presence of alcohol, or possessing alcohol, shall be placed out-of-service immediately for a period of 24 hours.

(cf: P.L.2009, c.271, s.3)

 

     2.    Section 20 of P.L.2017, c.26 (C.39:5H-20) is amended to read as follows:

     20.  An applicant or driver shall be prohibited from utilizing the transportation network company's digital network as a transportation network company driver or from providing a prearranged ride as a transportation network company driver if:

     a.     The applicant or driver has been convicted of one or more of the following crimes:

     (1)   In New Jersey, any crime as follows: aggravated assault, arson, burglary, escape, extortion, homicide, kidnapping, robbery, aggravated sexual assault, sexual assault, or endangering the welfare of a child pursuant to N.J.S.2C:24-4, whether or not armed with or having possession of any weapon enumerated in subsection r. of N.J.S.2C:39-1, human trafficking pursuant to N.J.S.2C:13-8 or any crime involving an act or practice of one or more of the severe forms of trafficking in persons as described in paragraph (11) of 22 U.S.C. 7102, the federal “Trafficking Victims Protection Act of 2000,” a crime pursuant to the provisions of N.J.S.2C:39-3, N.J.S.2C:39-4, or N.J.S.2C:39-9, or other than a disorderly persons or petty disorderly persons offense for the unlawful use, possession or sale of a controlled dangerous substance as defined in N.J.S.2C:35-2.

     (2)   In any other state, territory, commonwealth, or other jurisdiction of the United States, as a result of a conviction in a court of competent jurisdiction, a crime which in that other jurisdiction is comparable to one of the crimes enumerated in paragraph (1) of this subsection.

     If an applicant or driver who has been convicted of one of the crimes enumerated in paragraph (1) or (2) of this subsection produces a valid certificate of rehabilitation issued pursuant to section 2 of P.L.2007, c.327 (C.2A:168A-8) or, if the criminal offense occurred outside the State, an equivalent certificate from the jurisdiction where the criminal offense occurred, the criminal offense shall not disqualify the applicant or driver from accessing the transportation network company's digital network as a transportation network company driver or from providing prearranged rides as a transportation network company driver, except that this provision shall not apply to an applicant or driver who has been convicted of human trafficking pursuant to N.J.S.2C:13-8, any crime involving an act or practice of one or more of the severe forms of trafficking in persons as described in paragraph (11) of 22 U.S.C. 7102, the federal “Trafficking Victims Protection Act of 2000,” or a comparable crime in another jurisdiction.  A transportation network company, or a third party designated by the transportation network company, shall take reasonable measures to confirm the validity of the certificate, such as contacting the relevant court or government agency;

     b.    The applicant's or driver's driving record check reveals more than three moving violations in the prior three-year period, or one of the following violations in the prior three-year period:

     (1)   driving under the influence pursuant to R.S.39:4-50;

     (2)   resisting arrest; eluding an officer pursuant to N.J.S.2C:29-2;

     (3)   reckless driving pursuant to R.S.39:4-96;

     (4)   driving with a suspended or revoked license pursuant to R.S.39:3-40; or

     (5)   a violation committed in any other state, territory, commonwealth, or other jurisdiction of the United States that is comparable to one of the violations enumerated in paragraph (1), (2), (3), or (4) of this subsection;

     c.     The applicant or driver is a match in the United States Department of Justice's Dru Sjodin National Sex Offender Public Website;

     d.    The applicant or driver is not a holder of a valid basic driver's license;

     e.     The applicant or driver does not possess proof of valid vehicle registration for the driver's personal vehicle to be used to provide prearranged rides;

     f.     The applicant or driver does not possess proof of valid automobile liability insurance for the personal vehicle; or

     g.    The applicant or driver is under 21 years of age.

(cf: P.L.2017, c.26, s.20)

 

     3.    This act shall take effect immediately.

 

 

STATEMENT

 

     This bill establishes a lifetime disqualification from operating a commercial motor vehicle or transportation network company vehicle for any individual convicted of human trafficking under New Jersey law, any crime involving an act or practice of one or more of the severe forms of trafficking in persons under the federal “Trafficking Victims Protection Act of 2000”, or any comparable crime in another jurisdiction.