LEGISLATIVE FISCAL ESTIMATE
SENATE, No. 4758
STATE OF NEW JERSEY
221st LEGISLATURE
DATED: DECEMBER 5, 2025
SUMMARY
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Synopsis: |
Increases penalty for reckless vehicular homicide committed when driving while intoxicated under certain circumstances. |
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Type of Impact: |
Annual State expenditure and revenue increases; annual local expenditure increases. |
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Agencies Affected: |
Department of Corrections, State Parole Board, Department of Law and Public Safety, Judiciary, Office of the Public Defender, County Prosecutors. |
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Office of Legislative Services Estimate |
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Annual Fiscal Impact |
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State Expenditure Increase |
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Indeterminate |
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State Revenue Increase |
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Indeterminate |
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Local Expenditure Increase |
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Indeterminate |
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· The Office of Legislative Services (OLS) finds that this bill would result in annual indeterminate State and local expenditure increases. The following State and local agencies would incur caseload and expenditure increases: i) the Department of Law and Public Safety would prosecute cases or provide guidance and other information to the county prosecutors; ii) county prosecutors would have to prosecute additional cases if the increased penalties create a reluctance on the part of the defendant to enter a guilty plea; iii) the Judiciary may have to adjudicate additional cases; iv) the Office of the Public Defender may have to represent additional low-income criminal defendants; and v) the Department of Corrections may have to house more inmates for longer terms of imprisonment and the State Parole Board would have to supervise their return to society.
· The OLS does not have sufficient information on the potential increase in the number of convictions and terms of imprisonment resulting from the bill’s provisions and therefore is unable to estimate the costs to the State. The OLS finds that to the extent that the bill will result in additional incarcerations, based on information provided by the Department of Corrections, the FY 2024 average annual cost for housing, ensuring security, and providing services to an incarcerated individual was $75,254, whereas the average daily cost was $11.39.
BILL DESCRIPTION
This bill increases the penalty for reckless vehicular homicide where the driver is intoxicated, and the incident occurs within a highway construction zone or a designated safe corridor.
Under current law, reckless vehicular homicide is ordinarily a crime of the second degree, which can be downgraded to a crime of the third degree if the driver proves that he or she was not driving recklessly except for failing to maintain a lane. However, reckless vehicular homicide is upgraded to a crime of the first degree if the incident occurs in a school crossing or within 1,000 feet of school property, and where the driver was driving while intoxicated or refuses to submit to a sobriety test.
Under the bill, reckless vehicular homicide will also be upgraded to a crime of the first degree if the incident occurs within an identified area of highway construction or repair or a designated safe corridor, and where the driver was driving while intoxicated or refuses to submit to a sobriety test.
A crime of the first degree is punishable by a term of imprisonment of 10 to 20 years, a fine of up to $200,000, or both. A crime of the second degree is punishable by five to 10 years imprisonment, a fine of up to $150,000, or both. A crime of the third degree is punishable by three to five years imprisonment, a fine of up to $15,000, or both.
FISCAL ANALYSIS
EXECUTIVE BRANCH
None received.
OFFICE OF LEGISLATIVE SERVICES
The OLS finds that this bill may result in annual indeterminate State expenditure and revenue increases. The OLS does not have sufficient information on the potential increases in the number of convictions and terms of imprisonment resulting from the bill’s provisions and, therefore, is unable to estimate the costs to the State. Notably, the OLS does not have data concerning the number of reckless vehicular homicide prosecutions and convictions. However, according to the Department of Transportation, there are currently more than 50 safe corridors designated Statewide.
The following State and local agencies would incur caseload and expenditure increases: i) the Department of Law and Public Safety would prosecute cases or provide guidance and other information to the county prosecutors; ii) county prosecutors would have to prosecute additional cases if the increased penalties create a reluctance on the part of the defendant to enter a guilty plea; iii) the Judiciary may have to adjudicate additional cases; iv) the Office of the Public Defender may have to represent additional low-income criminal defendants; and v) the Department of Corrections may have to house more inmates for longer terms of imprisonment and the State Parole Board would have to supervise their return to society. The OLS finds that to the extent that the bill will result in additional incarcerations, based on information provided by the Department of Corrections, the FY 2024 average annual cost for housing, ensuring security, and providing services to an incarcerated individual was $75,254, whereas the average daily cost was $11.39.
The OLS notes the State may receive indeterminate revenue from increased fines imposed on individuals convicted of the upgraded crime under this bill. However, the State’s ability to collect criminal fines and penalties has historically been limited.
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Section: |
Judiciary |
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Analyst: |
Senior Fiscal Analyst |
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Approved: |
Thomas Koenig Legislative Budget and Finance Officer |
This legislative fiscal estimate has been produced by the Office of Legislative Services due to the failure of the Executive Branch to respond to our request for a fiscal note.
This fiscal estimate has been prepared pursuant to P.L.1980, c.67 (C.52:13B-6 et seq.).