New Jersey Senate Bill S3652

New Jersey 2022-2023 Regular Session

• Introduced: 2/27/23
• Refer: 2/27/23

Caption

Upgrades strict liability vehicular homicide to crime of second degree.

Impact

If enacted, S3652 would introduce more severe penalties for individuals convicted of strict liability vehicular homicide. The penalties for a second-degree crime range from five to ten years of imprisonment and fines that can reach up to $150,000, compared to the lesser penalties associated with third-degree crimes, which include three to five years of imprisonment and fines up to $15,000. As such, the bill would significantly elevate the legal consequences for persons convicted under this clause and could likely serve as a deterrent to driving under the influence, thereby enhancing road safety.

Summary

Senate Bill S3652 proposes the upgrading of strict liability vehicular homicide from a crime of the third degree to a crime of the second degree in New Jersey. This change aims to enhance the accountability of individuals involved in fatal vehicular incidents while operating under the influence of alcohol or drugs. Under the newly proposed law, both the penalty for strict liability vehicular homicide and its legal framing would align more closely with other serious offenses like reckless vehicular homicide and leaving the scene of an accident resulting in death. The push for this upgrade reflects a growing concern over the consequences of reckless driving behaviors that compromise public safety.

Contention

There may arise points of contention surrounding the potential implications of stricter penalties for vehicular homicide. Advocates for the bill argue that elevating the crime's classification addresses the severity of the act, especially given the high risks posed by intoxicated driving. However, there may be concerns from defense advocates about the implications for fairness in prosecution, as challenges regarding the strict liability framing of the law could lead to debates on whether all intoxicated drivers should face similar consequences regardless of the specifics of their actions or conditions surrounding the incident.