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  • NJ A4062
  • Establishes failure to maintain lane may constitute recklessness under vehicular homicide statute; designated as Eileen's Law. *
Introduced
(9/15/2016)
In Committee
(1/19/2017)
Crossed OverPassedSignedDead/Failed/Vetoed
2016-2017 Regular Session
This bill would allow prosecutors to more easily obtain a conviction for vehicular homicide against a person who failed to maintain a lane due to distracted driving. Under current law, a person is guilty of death by auto when it is proven that he or she drove a motor vehicle recklessly. This bill specifically provides that, at the discretion of the prosecutor, failure to maintain a lane while engaging in distracted driving may give rise to an inference that the defendant was driving recklessly. The bill defines distracted driving as "inattentive driving while operating a motor vehicle that results in the unsafe operation of the vehicle where the inattention is caused by reading, writing, performing personal grooming, eating, drinking, interacting with passengers, pets or unsecured cargo, or engaging in any other activity that causes distractions, other than operating a hand-held wireless telephone." Current law already provides that operating a hand-held wireless telephone while driving a motor vehicle gives rise to an inference of reckless driving. The bill provides that a person who commits vehicular homicide under these conditions is guilty of a second degree crime. Third degree crimes are punishable by imprisonment of three to five years, a fine of up to $15,000, or both.
2nd Reading in the Assembly, Transportation and Independent Authorities
Reported out of Assembly Comm. with Amendments, 2nd Reading  (on 1/19/2017)
 
 

Date Chamber Action Description
1/19/2017 Assembly Transportation and Independent Authorities Hearing (10:00 1/19/2017 Committee Room 11, 4th Floor)
1/19/2017 A Reported out of Assembly Comm. with Amendments, 2nd Reading
9/22/2016 Assembly Transportation and Independent Authorities Hearing (10:00 9/22/2016 Committee Room 11, 4th Floor)
9/15/2016 A Introduced, Referred to Assembly Transportation and Independent Authorities Committee
Date Motion Yea Nay Other
Detail 1/19/2017 Assembly Transportation and Independent Authorities Committee: Reported with Amendments 9 0 3