Bill
Bill > S4248
NJ S4248
NJ S4248"Daniel Kearney's Law"; establishes criminal penalties for driving in violation of probationary driver's license restrictions in certain circumstances.
summary
Introduced
03/03/2025
03/03/2025
In Committee
03/03/2025
03/03/2025
Crossed Over
Passed
Dead
01/12/2026
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, known as "Daniel Kearney's Law," establishes new criminal penalties for drivers with probationary licenses who violate certain driving restrictions and cause accidents resulting in injury or death. Specifically, the bill creates two new criminal offenses: vehicular homicide and assault by auto when a driver under 21 is found at fault for an accident while driving in violation of probationary license restrictions. Under the new provisions, if a driver causes a fatal accident while violating probationary license restrictions (such as driving with too many passengers or during prohibited hours), they can be charged with vehicular homicide, which is a second-degree crime. Similarly, if the same violation results in bodily injury or serious bodily injury, the driver can be charged with assault by auto, which is a fourth-degree crime if serious bodily injury occurs or a disorderly persons offense if bodily injury results. The bill is named after Daniel Kearney, a 19-year-old from West Milford, New Jersey, who died as a passenger in a single-vehicle accident involving a driver under 21 who was driving with two passengers, illustrating the type of scenario the law aims to prevent.
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/S4248 |
| BillText | https://pub.njleg.gov/Bills/2024/S4500/4248_I1.HTM |
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