Bill
Bill > S4176
NJ S4176
Requires blood sample to be obtained from driver involved in motor vehicle accident resulting in death; designated as "Michelle Sous' Law."
summary
Introduced
03/03/2025
03/03/2025
In Committee
03/03/2025
03/03/2025
Crossed Over
Passed
Dead
Introduced Session
2024-2025 Regular Session
Bill Summary
This bill expands the implied consent law to include blood samples, and requires a blood sample to be obtained from any driver involved in a motor vehicle accident resulting in the death of another person for the purpose of determining if the driver has drugs in his or her system. This bill is to be known as "Michelle Sous' Law." 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 the bill extend this implied consent law to include blood testing and require that a blood sample be obtained, upon issuance of a warrant, from any driver who is involved in a motor vehicle accident that results in the death of another person in order to determine if the person was driving under the influence of drugs. A person who refuses to consent to the blood test would be subject to the same penalties as a person who is convicted of refusing a breath test in relation to a drunk driving charge under R.S.39:4-50.
AI Summary
This bill, named "Michelle Sous' Law," expands New Jersey's implied consent law to require blood samples from drivers involved in fatal motor vehicle accidents. Currently, drivers are considered to have consented to breath tests to determine blood alcohol content, and this legislation extends that consent to blood testing, specifically in cases where an accident results in a death. Under the new law, law enforcement must obtain a warrant to collect a blood sample from a driver involved in a fatal accident to test for the presence of drugs, including narcotics, hallucinogenic, or habit-producing substances. The bill also modifies existing statutes to include provisions for blood testing in the implied consent law and outlines consequences for refusing such a test, such as license forfeiture and potential fines. These changes aim to provide law enforcement with additional tools to investigate and potentially prosecute drivers who may have been under the influence of drugs at the time of a fatal accident, with the goal of improving road safety and holding potentially impaired drivers accountable for their actions.
Committee Categories
Justice
Sponsors (1)
Last Action
Introduced in the Senate, Referred to Senate Law and Public Safety Committee (on 03/03/2025)
Official Document
bill text
bill summary
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bill summary
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bill summary
| Document Type | Source Location |
|---|---|
| State Bill Page | https://www.njleg.state.nj.us/bill-search/2024/S4176 |
| BillText | https://pub.njleg.gov/Bills/2024/S4500/4176_I1.HTM |
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