Bill

Bill > A1866


NJ A1866

Requires blood sample to be obtained from driver involved in motor vehicle accident resulting in death; designated as "Michelle Sous' Law."


summary

Introduced
01/27/2016
In Committee
01/30/2017
Crossed Over
Passed
Dead
01/08/2018

Introduced Session

2016-2017 Regular Session

Bill Summary

This bill requires a blood sample to be obtained from a driver involved in a motor vehicle accident resulting in the death of another person for the purpose of determining if the driver has alcohol or drugs in his or her system. This bill is to be known as "Michelle Sous' Law." Under this bill, drivers are deemed to have given consent to the taking of a blood sample just as they currently are deemed to have given consent to a breath test. In addition, the provisions of this bill extend this implied consent law to include blood testing to determine if the person was driving under the influence of drugs. A person who refuses to consent to the blood test would be subject to the same penalties as a person who is convicted of refusing a breath test in relation to a drunk driving charge under R.S.39:4-50.

AI Summary

This bill, known as "Michelle Sous' Law," requires a blood sample to be obtained from a driver involved in a motor vehicle accident resulting in the death of another person. Drivers are deemed to have given consent for the blood test, similar to the existing implied consent for a breath test. The bill extends the implied consent law to include blood testing for drugs. Drivers who refuse the blood test would be subject to the same penalties as those who refuse a breath test for drunk driving. The bill also makes changes to the revocation period and fines for refusing a blood or breath test, especially when the violation occurs near a school.

Committee Categories

Budget and Finance, Justice

Sponsors (10)

Last Action

Reported out of Asm. Comm. with Amendments, and Referred to Assembly Appropriations Committee (on 01/30/2017)

bill text


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