Bill

Bill > A4097


NJ A4097

NJ A4097
Increases penalty for reckless vehicular homicide committed when driving while intoxicated under certain circumstances.


summary

Introduced
02/19/2026
In Committee
02/19/2026
Crossed Over
Passed
Dead

Introduced Session

2026-2027 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 enhances penalties for reckless vehicular homicide by elevating the crime to a first-degree felony, which carries a potential sentence of 10 to 20 years imprisonment, if the driver was intoxicated or refused a sobriety test and the incident occurred within a designated "area of highway construction or repair" or a "safe corridor." An "area of highway construction or repair" is defined as a stretch of highway clearly marked with signs indicating ongoing work, from the first warning sign to the last sign indicating normal operations can resume. A "safe corridor" is a highway segment identified by the Department of Transportation as high-risk due to accident rates, fatalities, or traffic volume. These new provisions are in addition to existing laws that already increase penalties for reckless vehicular homicide in school zones or school crossing areas when the driver is intoxicated.

Committee Categories

Justice

Sponsors (1)

Last Action

Introduced, Referred to Assembly Judiciary Committee (on 02/19/2026)

bill text


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