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Bill > S4758


NJ S4758

NJ S4758
Increases penalty for reckless vehicular homicide committed when driving while intoxicated under certain circumstances.


summary

Introduced
10/27/2025
In Committee
01/02/2026
Crossed Over
12/22/2025
Passed
Dead
01/12/2026

Introduced Session

2024-2025 Regular Session

Bill Summary

This bill increases the penalty for reckless vehicular homicide where the driver is intoxicated and the incident occurs within a highway construction zone or a designated safe corridor. Under current law, reckless vehicular homicide is ordinarily a crime of the second degree, which can be downgraded to a crime of the third degree if the driver proves that he or she was not driving recklessly except for failing to maintain a lane. However, reckless vehicular homicide is upgraded to a crime of the first degree if the incident occurs in a school crossing or within 1,000 feet of school property, and where the driver was driving while intoxicated or refuses to submit to a sobriety test. Under the bill, reckless vehicular homicide will also be upgraded to a crime of the first degree if the incident occurs within an identified "area of highway construction or repair" or a designated "safe corridor," and where the driver was driving while intoxicated or refuses to submit to a sobriety test. N.J.S.A.39:4-203.5 defines an "area of highway construction or repair" as that segment of any highway which is identified by properly posted traffic control devices or signs as undergoing construction, reconstruction, repair, or maintenance operation, between the first traffic control device or sign informing motor vehicle operators of their approaching highway construction or repair and the last traffic control device or sign indicating all restrictions are removed and normal motor vehicle operations may resume. Additionally, under N.J.S.A.39:4-203.5, a "safe corridor" is defined as a segment of highway under the jurisdiction of the Department of Transportation which, based upon accident rates, fatalities, traffic volume, and other highway traffic safety criteria, is identified by the Commissioner of Transportation as a segment warranting designation as a "safe corridor." A crime of the first degree is punishable by a term of imprisonment of 10 to 20 years, a fine of up to $200,000, or both. A crime of the second degree is punishable by five to 10 years' imprisonment, a fine of up to $150,000, or both. A crime of the third degree is punishable by three to five years' imprisonment, a fine of up to $15,000, or both.

AI Summary

This bill increases the penalty for reckless vehicular homicide by upgrading the offense from a second-degree to a first-degree crime when the driver is intoxicated and the incident occurs in specific areas. These areas now include highway construction zones and designated "safe corridors" (defined as highway segments with high accident rates or safety concerns), in addition to the existing school-related locations. Under the new provisions, if a driver is found to be operating a vehicle while intoxicated in these specified areas and causes a fatality, they will face more severe criminal penalties. Specifically, this means the offender could be sentenced to 10 to 20 years in prison and fined up to $200,000, compared to the previous penalties for second-degree crimes. The bill also maintains existing provisions that allow for the inference of reckless driving based on factors like driving while sleep-deprived, using a handheld device, or failing to maintain a lane. Additionally, the law stipulates that the driver's lack of knowledge about being in a construction zone or safe corridor is not a valid legal defense against prosecution.

Committee Categories

Budget and Finance, Justice

Sponsors (12)

Last Action

Received in the Assembly, Referred to Assembly Judiciary Committee (on 01/02/2026)

bill text


bill summary

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bill summary

Document Type Source Location
State Bill Page https://www.njleg.state.nj.us/bill-search/2024/S4758
Analysis - Statement SBA 12/8/25 https://pub.njleg.gov/Bills/2024/S5000/4758_S2.PDF
Analysis - Statement 12/4/25 SLP Statement https://pub.njleg.gov/Bills/2024/S5000/4758_S1.PDF
Fiscal Note - Fiscal Estimate 12/5/25; as introduced https://pub.njleg.gov/Bills/2024/S5000/4758_E1.PDF
BillText https://pub.njleg.gov/Bills/2024/S5000/4758_I1.HTM
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