Bill

Bill > A1128


NJ A1128

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


summary

Introduced
01/09/2018
In Committee
01/09/2018
Crossed Over
Passed
Dead
01/08/2020

Introduced Session

2018-2019 Regular Session

Bill Summary

This bill expands the implied consent law to include blood samples, and requires a blood sample to be obtained from any driver involved in a motor vehicle accident resulting in the death of another person for the purpose of determining if the driver has drugs in his or her system. This bill is to be known as "Michelle Sous' Law." Under current law, any person who operates a motor vehicle on a public road in this State is deemed to have given consent to a breath test for the purpose of determining the person's blood alcohol content. The provisions of the bill extend this implied consent law to include blood testing and require that a blood sample be obtained, upon issuance of a warrant, from any driver who is involved in a motor vehicle accident that results in the death of another person in order 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 expands the implied consent law to require a blood sample to be obtained, upon issuance of a warrant, from any driver involved in a motor vehicle accident resulting in the death of another person. The purpose is to determine if the driver had drugs in their system. The bill is to be known as "Michelle Sous' Law." Under current law, drivers are deemed to have given consent to a breath test to determine blood alcohol content. This bill extends that implied consent to include blood testing in cases where the accident resulted in a death. Drivers who refuse the blood test would face the same penalties as those who refuse a breath test related to a drunk driving charge.

Committee Categories

Justice

Sponsors (9)

Last Action

Introduced, Referred to Assembly Law and Public Safety Committee (on 01/09/2018)

bill text


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