• Views: in the last
  • 34Week
  • 22Month
  • 160Total


  • NJ A3686
  • Establishes new crime of strict liability vehicular homicide; renames existing vehicular homicide as reckless vehicular homicide; designated as Ralph and David's Law.
Introduced
(5/12/2016)
In Committee
(6/15/2017)
Crossed Over
(5/26/2016)
Passed
(6/26/2017)
Signed
(7/21/2017)
Dead/Failed/Vetoed
2016-2017 Regular Session
This bill establishes the crime of negligent vehicular homicide for killing a person while drunk driving. Under the bill, criminal homicide constitutes negligent vehicular homicide when it is caused by negligently driving a motor vehicle or operating a boat in violation of the State's drunk driving laws. Negligent vehicular homicide is a crime of the third degree under the bill. Third degree crimes generally are punishable by a term of imprisonment of three-to-five years, a fine of up to $15,000, or both. But the bill specifies that the presumption of nonincarceration that normally applies to persons convicted of third degree crimes who have no previous convictions does not apply. Therefore, a violator would receive a minimum three-year term of imprisonment. Under N.J.S.2C:2-2, a person is considered criminally negligent when the person should be aware of a substantial and unjustifiable risk of such a nature and degree that the person's failure to perceive it involves a gross deviation from the standard of care that a reasonable person would observe in that situation. This bill is to be known as "Ralph and David's Law" in honor of Ralph Politi, Jr. and David Heim. Mr. Politi, an East Hanover community activist and business owner, was killed by a drunk driver who swerved out of her lane and hit him as he stood by his parked pickup truck. The drunk driver recently was acquitted of first-degree aggravated manslaughter and second-degree vehicular homicide. David, a 13-year old boy, also was tragically killed by a drunk driver in Sussex County. The drunk driver was convicted solely of drunk driving and served only 30 days in jail, the maximum term of imprisonment for a first-offense under the State's drunk driving law. Under this bill, drunk drivers who cause a person's death could be prosecuted for negligent vehicular homicide and required to serve a significant jail sentence.
2nd Reading in the Assembly, 2nd Reading in the Senate, Bills and Joint Resolutions Signed by the Governor, Budget and Appropriations, Law and Public Safety, Passed Assembly, Passed both Houses
Approved P.L.2017, c.165.  (on 7/21/2017)
 
 

Date Chamber Action Description
7/21/2017 S Approved P.L.2017, c.165.
6/26/2017 S Passed Senate (Passed Both Houses) (39-0)
6/26/2017 S Substituted for S2423
6/15/2017 S Reported from Senate Committee, 2nd Reading
6/15/2017 Senate Budget and Appropriations Hearing (19:00 6/15/2017 * Revised 6/14/17 - S-2616 / A-1139, S-3312 (Sarlo/Bucco) Transf)
6/15/2017 Senate Budget and Appropriations Hearing (19:00 6/15/2017 A-3908 and S-3085 are pending referral. S-3305 (Sarlo) pending i)
6/15/2017 Senate Budget and Appropriations Hearing (19:00 6/15/2017 A-3908 and S-3085 are pending referral. S-3305 is pending intro )
9/29/2016 S Referred to Senate Budget and Appropriations Committee
9/29/2016 S Reported from Senate Committee, 2nd Reading (without recommendation)
9/29/2016 Senate Law and Public Safety Hearing (10:30 9/29/2016 Committee Room 10, 3rd Floor)
6/6/2016 S Received in the Senate, Referred to Senate Law and Public Safety Committee
5/26/2016 A Passed by the Assembly (69-0-0)
5/12/2016 A Reported out of Assembly Comm. with Amendments, 2nd Reading
5/12/2016 A Introduced, Referred to Assembly Judiciary Committee
5/12/2016 Assembly Judiciary Hearing (10:00 5/12/2016 Committee Room 12, 4th Floor)
Date Motion Yea Nay Other
Detail 6/26/2017 Senate Floor: Third Reading - Final Passage 39 0 1
Detail 6/26/2017 Senate Floor: Substitute For S2423 (Voice Vote) 0 0 0
Detail 6/15/2017 Senate Budget and Appropriations Committee: Reported Favorably 13 0 0
Detail 9/29/2016 Senate Law and Public Safety Committee: Reported without Recommendation 5 0 0
Detail 5/26/2016 Assembly Floor: Third Reading - Final Passage 69 0 11
Detail 5/12/2016 Assembly Judiciary Committee: Reported with Amendments 6 0 1