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Bill > S3304


NJ S3304

NJ S3304
Upgrades strict liability vehicular homicide to crime of second degree.


summary

Introduced
02/02/2026
In Committee
02/02/2026
Crossed Over
Passed
Dead

Introduced Session

2026-2027 Regular Session

Bill Summary

This bill upgrades the crime of strict liability vehicular homicide from a crime of third degree to a crime of the second degree. Strict liability vehicular homicide is a criminal homicide when it is caused by driving a vehicle while intoxicated in violation of N.J.S.A.39:4-50 or operating a vessel under the influence of alcohol or drugs in violation of N.J.S.A.12:7-46. Upgrading this crime to a crime of the second degree would bring the penalty for strict liability vehicular homicide in line with the penalties for reckless vehicular homicide, knowingly leaving the scene of an accident that results in the death of another, and knowingly leaving the scene of a boating accident that results in the death of another, which are crimes of the second degree. The penalty for a crime of the third degree is three to five years imprisonment, a fine of up to $15,000, or both. The penalty for a crime of the second degree is five to ten years imprisonment, a fine of up to $150,000, or both.

AI Summary

This bill upgrades the crime of strict liability vehicular homicide, which occurs when someone causes a death by driving a vehicle while intoxicated (in violation of N.J.S.A. 39:4-50) or operating a vessel under the influence of alcohol or drugs (in violation of N.J.S.A. 12:7-46), from a third-degree crime to a second-degree crime. This change means that the penalties for this offense will be more severe, aligning them with penalties for other serious offenses like reckless vehicular homicide or leaving the scene of an accident that results in death. Specifically, a third-degree crime typically carries a penalty of three to five years imprisonment and/or a fine up to $15,000, while a second-degree crime carries a penalty of five to ten years imprisonment and/or a fine up to $150,000. The bill also clarifies that the defendant's intoxication or impairment is considered the cause of death if it was a necessary factor and the death was not too remote or dependent on unrelated actions, and it explicitly states that the victim's own negligence or recklessness is not a defense.

Committee Categories

Justice

Sponsors (1)

Last Action

Introduced in the Senate, Referred to Senate Judiciary Committee (on 02/02/2026)

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