Bill

Bill > A5066


NJ A5066

NJ A5066
"Daniel Kearney's Law"; establishes criminal penalties for driving in violation of probationary driver's license restrictions in certain circumstances.


summary

Introduced
12/09/2024
In Committee
12/09/2024
Crossed Over
Passed
Dead
01/12/2026

Introduced Session

2024-2025 Regular Session

Bill Summary

This bill establishes criminal penalties for driving in violation of the State's probationary driver's license restrictions in certain circumstances involving death, serious bodily injury, and bodily injury. Under the provisions of the bill, a person is guilty of vehicular homicide if the person is determined to be at fault for a motor vehicle accident that occurs while the person is driving a vehicle in violation of the probationary driver's license restrictions and the motor vehicle accident causes the death of another. Vehicular homicide committed in violation of the bill is a crime of the second degree. Additionally, the bill provides that a person is guilty of assault by auto if the person is determined to be at fault for a motor vehicle accident that occurs while the person is driving a vehicle in violation of the State probationary driver's license restrictions and the motor vehicle accident causes bodily injury or serious bodily injury to another. Under the bill, assault by auto is a crime of the fourth degree if serious bodily injury results and a disorderly persons offense if bodily injury results. Under current law, a driver with a probationary driver's license who is under the age of 21 is restricted from driving with more than one passenger, unless accompanied by a parent or guardian, and driving between the hours of 11:01 p.m. and 5:00 am, with certain exceptions. The bill is designated as "Daniel Kearney's Law" in honor of Daniel Kearney, a 19 year-old resident of West Milford, New Jersey who tragically died as a passenger in a single vehicle motor vehicle accident on September 3, 2021. The operator of the vehicle was under 21, driving with a probationary driver's license, and had two passengers in the vehicle at the time of accident.

AI Summary

This bill, named "Daniel Kearney's Law", establishes new criminal penalties for young drivers who violate their probationary driver's license restrictions and are involved in accidents causing injury or death. Specifically, the bill creates two new criminal offenses: vehicular homicide and assault by auto for probationary drivers who are at fault in an accident while driving in violation of their license restrictions. Under current law, probationary drivers under 21 are restricted from driving with more than one passenger (unless accompanied by a parent or guardian) and from driving between 11:01 p.m. and 5:00 a.m. The bill introduces criminal charges for such violations: if a fatal accident occurs while violating these restrictions, the driver can be charged with vehicular homicide, a second-degree crime. Similarly, if the accident causes bodily injury or serious bodily injury, the driver can be charged with assault by auto, which is classified as either a fourth-degree crime (for serious bodily injury) or a disorderly persons offense (for bodily injury). The bill is named after Daniel Kearney, a 19-year-old from West Milford, New Jersey, who died in a single-vehicle accident involving a driver under 21 with two passengers, highlighting the potential dangers of probationary driver's license violations.

Committee Categories

Transportation and Infrastructure

Sponsors (1)

Last Action

Introduced, Referred to Assembly Transportation and Independent Authorities Committee (on 12/09/2024)

bill text


bill summary

Loading...

bill summary

Loading...

bill summary

Loading...