Upgrades strict liability vehicular homicide to crime of second degree.
Impact
The reclassification of strict liability vehicular homicide to a second-degree crime significantly increases the penalty range for offenders. Under current law, a third-degree crime can result in three to five years of imprisonment and fines up to $15,000, whereas a second-degree crime carries a penalty of five to ten years of imprisonment and fines up to $150,000. This change seeks to deter impaired driving by imposing steeper penalties for those whose intoxication results in fatal accidents.
Summary
Senate Bill S2482 aims to upgrade the crime of strict liability vehicular homicide from a third-degree offense to a second-degree offense in New Jersey. This bill, sponsored by Senator Kristin M. Corrado, modifies the existing law to align the penalties for strict liability vehicular homicide with those of other serious offenses such as reckless vehicular homicide and knowingly leaving the scene of an accident that results in death. By doing so, it seeks to enhance the severity with which such cases are prosecuted and the corresponding penalties that offenders might incur.
Contention
While the bill's intention to fortify penalties may be seen as a necessary step in addressing public safety concerns, it could raise questions regarding the fairness of strict liability charges. Critics may argue that it undermines the principle of proportionality in criminal justice, particularly in cases where circumstances of the accident might involve contributions from other parties or unforeseen factors. An essential aspect of the bill is that it eliminates defenses based on the decedent's own conduct, which could provoke debate over justice and culpability.
Concerns pretrail and post-trial considerations for certain crimes involving operation of vehicles, including rebuttable presumption for pretrial detention, pretial recommendation of no release from detention, suspension or revocation of license, and vehicle forfeiture.