A5684

An Act concerning certain motor vehicle accidents, designated as Michael “Mikey” Gioia’s Law, and amending P.L.1966, c.142 and P.L.1981, c.512.

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

1. Section 2 of P.L.1966, c.142 (C.39:4-50.2) is amended to read as follows:

2. (a) Any person who operates a motor vehicle on any public road, street or highway or quasi-public area in this State shall be deemed to have given his consent to the taking of samples of his breath for the purpose of making chemical tests to determine the content of alcohol in his blood; provided, however, that the taking of samples is made in accordance with the provisions of this act and at the request of a police officer who has reasonable grounds to believe that such person has been operating a motor vehicle in violation of the provisions of R.S.39:4-50 or section 1 of P.L.1992, c.189 (C.39:4-50.14).

Any person who operates a motor vehicle on any public road, street, or highway or quasi-public area in this State and is involved in a motor vehicle accident resulting in the death of or serious bodily injury to another person shall be deemed to have given the person’s consent to the taking of samples of the person’s breath, blood, urine, or saliva for the purpose of making chemical tests to determine the content of alcohol, narcotic, hallucinogenic, or habit-producing drug in the person’s blood.

A standardized field sobriety test shall be conducted on an operator of a motor vehicle who is involved in a motor vehicle accident resulting in the death of or serious bodily injury to another person. In addition, a breath, blood, urine, or saliva sample shall be obtained from the operator of a motor vehicle who is involved in a motor vehicle accident resulting in the death of or serious bodily injury to another person for the purpose of making chemical tests to determine the content of alcohol, narcotic, hallucinogenic, or habit-producing drug in the person’s blood.

As used in this paragraph, “serious bodily injury” shall have the same meaning as set forth in subsection b. of N.J.S.2C:11-1.

(b) A record of the taking of any such sample, disclosing the date and time thereof, as well as the result of any chemical test, shall be made and a copy thereof, upon his request, shall be furnished or made available to the person so tested.

(c) In addition to the samples taken and tests made at the direction of a police officer hereunder, the person tested shall be permitted to have such samples taken and chemical tests of his breath, urine or blood made by a person or physician of his own selection.

(d) The police officer shall inform the person tested of his rights under subsections (b) and (c) of this section.

(e) No chemical test, as provided in this section, or specimen necessary thereto, may be made or taken forcibly and against physical resistance thereto by the defendant. The police officer shall, however, inform the person arrested of the consequences of refusing to submit to such test in accordance with section 2 of this amendatory and supplementary act. A standard statement, prepared by the chief administrator, shall be read by the police officer to the person under arrest.

(cf: P.L.2007, c.267, s.1)

2. Section 2 of P.L.1981, c.512 (C.39:4-50.4a) is amended to read as follows:

2. a. The municipal court shall order any person who, after being arrested for a violation of R.S.39:4-50 or section 1 of P.L.1992, c.189 (C.39:4-50.14), refuses to submit, upon request, to a test provided for in section 2 of P.L.1966, c.142 (C.39:4-50.2):

(1) if the refusal was in connection with a first offense under this section, to forfeit the right to operate a motor vehicle over the highways of this State until the person installs an ignition interlock device in one motor vehicle owned, leased, or principally operated by the person, whichever the person most often operates, for the purpose of complying with the provisions of P.L.1999, c.417 (C.39:4-50.16 et al.);

(2) if the refusal was in connection with a second offense under this section, to forfeit the right to operate a motor vehicle over the highways of this State for a period of not less than one year or more than two years following the installation of an ignition interlock device in one motor vehicle owned, leased, or principally operated by the person, whichever the person most often operates, for the purpose of complying with the provisions of P.L.1999, c.417 (C.39:4-50.16 et al.);

(3) if the refusal was in connection with a third or subsequent offense under this section, to forfeit the right to operate a motor vehicle over the highways of this State for a period of eight years following the installation of an ignition interlock device in one motor vehicle owned, leased, or principally operated by the person, whichever the person most often operates, for the purpose of complying with the provisions of P.L.1999, c.417 (C.39:4-50.16 et al.). A conviction or administrative determination of a violation of a law of a substantially similar nature in another jurisdiction, regardless of whether that jurisdiction is a signatory to the Interstate Driver License Compact pursuant to P.L.1966, c.73 (C.39:5D-1 et seq.), shall constitute a prior conviction under this section.

The municipal court shall determine by a preponderance of the evidence whether the arresting officer had probable cause to believe that the person had been driving or was in actual physical control of a motor vehicle on the public highways or quasi-public areas of this State while the person was under the influence of intoxicating liquor or a narcotic, hallucinogenic, or habit-producing drug, or marijuana or cannabis item as defined in section 3 of P.L.2021, c.16 (C.24:6I-33); whether the person was placed under arrest, if appropriate, and whether he refused to submit to the test upon request of the officer; and if these elements of the violation are not established, no conviction shall issue. In addition to any other requirements provided by law, a person whose operator's license is revoked for refusing to submit to a test shall be referred to an Intoxicated Driver Resource Center established by subsection (f) of R.S.39:4-50 and shall satisfy the same requirements of the center for refusal to submit to a test as provided for in section 2 of P.L.1966, c.142 (C.39:4-50.2) in connection with a first, second, third or subsequent offense under this section that must be satisfied by a person convicted of a commensurate violation of this section, or be subject to the same penalties as such a person for failure to do so. For a first offense, the revocation may be concurrent with or consecutive to any revocation imposed for a conviction under the provisions of R.S.39:4-50 arising out of the same incident. For a second or subsequent offense, the revocation shall be consecutive to any revocation imposed for a conviction under the provisions of R.S.39:4-50. In addition to issuing a revocation, the municipal court shall fine a person convicted under this section, a fine of not less than $300 or more than $500 for a first offense; a fine of not less than $500 or more than $1,000 for a second offense; and a fine of $1,000 for a third or subsequent offense.

Notwithstanding any judicial directive to the contrary, upon recommendation by the prosecutor, a plea agreement under this section is authorized under the appropriate factual basis consistent with any other violation of Title 39 of the Revised Statutes or offense under Title 2C of the New Jersey Statutes; provided, however, that if a person is convicted of operating a motor vehicle while under the influence of a narcotic, hallucinogenic, or habit-producing drug or permitting another person who is under the influence of a narcotic, hallucinogenic, or habit-producing drug to operate a motor vehicle owned by the person or under the person's custody or control pursuant to the provisions of R.S.39:4-50 or a person is convicted of operating a commercial motor vehicle under the influence of a controlled substance pursuant to section 5 of P.L.1990, c.103 (C.39:3-10.13), the person shall forfeit the right to operate a motor vehicle over the highways of this State for a period of not less than six months.

b. (Deleted by amendment, P.L.2019, c.248)

c. There shall be a rebuttable presumption that a person operated a motor vehicle while under the influence of intoxicating liquor, narcotic, hallucinogenic, or habit-producing drug in violation of R.S.30:4-50 if the person operated a motor vehicle which was involved in an accident resulting in the death of or serious bodily injury to another person and refused to submit, upon request, to a standardized field sobriety test or a chemical test of the person’s breath, blood, urine, or saliva pursuant to section 2 of P.L.1966, c.142 (C.39:4-50.2).

As used in this subsection, “serious bodily injury” shall have the same meaning as set forth in subsection b. of N.J.S.2C:11-1.

(cf: P.L.2023, c.191, s.6)

3. This act shall take effect immediately.

STATEMENT

This bill, which is designated as “Michael ‘Mikey’ Gioia’s Law,” requires a field sobriety test and certain chemical tests to be conducted when a driver is involved in a motor vehicle accident resulting in the death of or serious bodily injury to another person.

Under current law, any person who operates a motor vehicle on a public road in this State is deemed to have given consent to a breath test for the purpose of determining the person’s blood alcohol content. The provisions of this bill extend the implied consent law to include testing of a person’s breath, blood, urine, or saliva when a person is involved in a motor vehicle accident resulting in the death of or serious bodily injury to another person.

The bill requires that a standardized field sobriety test be conducted on the operator of a motor vehicle who is involved in a motor vehicle accident resulting in the death of or serious bodily injury to another person. In addition, the bill requires that a breath, blood, urine, or saliva sample be obtained from the operator of the motor vehicle for the purpose of determining the content of alcohol, narcotic, hallucinogenic, or habit-producing drug in the person’s blood.

Finally, under the bill, there is a rebuttable presumption that a person operated a motor vehicle under the influence of an intoxicating liquor, narcotic, hallucinogenic, or habit-producing drug in violation of current law if the person operated a motor vehicle which was involved in a motor vehicle accident resulting in the death of or serious bodily injury to another person and refused to submit to a standardized field sobriety test or chemical test as required under the bill.