Bill

Bill > S3701


NJ S3701

NJ S3701
"Daniel Kearney's Law"; establishes criminal penalties for driving in violation of probationary driver's license restrictions in certain circumstances.


summary

Introduced
02/24/2026
In Committee
02/24/2026
Crossed Over
Passed
Dead

Introduced Session

2026-2027 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 a.m., 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 who violate the restrictions of their probationary driver's license, particularly when such violations lead to accidents causing death or injury. Specifically, if a driver with a probationary license is found at fault for an accident that results in another person's death while violating their license restrictions, they can be charged with vehicular homicide, a second-degree crime. If the accident causes bodily injury or serious bodily injury (a significant physical harm), the driver can be charged with assault by auto, which is a fourth-degree crime if serious bodily injury occurs and a disorderly persons offense if only bodily injury results. These new penalties are in addition to existing restrictions for probationary license holders, which typically include limitations on passengers and driving hours, and are named in honor of Daniel Kearney, a young man who died in a car accident where the driver was violating these probationary license rules.

Committee Categories

Justice

Sponsors (1)

Last Action

Introduced in the Senate, Referred to Senate Law and Public Safety Committee (on 02/24/2026)

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