New Jersey 2024-2025 Regular Session

New Jersey Assembly Bill A1806

Introduced
1/9/24  

Caption

Reduces time period during which certain prior offenses may be considered for sentencing purposes; permits first offenses to be removed from driving record in certain circumstances.

Impact

If enacted, A1806 would have significant implications for current state laws regarding distracted driving. By lowering the time window for prior convictions to three years, the legislation may ease the burden on repeat offenders who have not committed any further violations within this timeframe. This could lead to a reduction in penalties for individuals who might otherwise face severe repercussions for minor infractions committed a decade ago. Furthermore, the ability for first-time offenders to remove offenses from their records upon successful completion of a defensive driving course would promote safer driving habits while providing an opportunity for individuals to erase mistakes from their driving history.

Summary

Assembly Bill A1806 aims to amend the existing penalties for operating a motor vehicle while using a wireless telephone or electronic communication device. The primary focus of the bill is to reduce the time period during which previous offenses can be considered for sentencing. Specifically, it proposes to decrease the duration from the current ten years to three years for both second and third-time offenders. Additionally, first offenses can be removed from a driver's motor vehicle record if the individual completes an approved motor vehicle defensive driving course, encouraging rehabilitative rather than punitive measures.

Contention

While the bill has received support for its more lenient approach to penalties, there are concerns regarding public safety and potential complacency among drivers. Critics may argue that by reducing the time period for prior offense consideration, A1806 could inadvertently encourage repeat offenses or lead to more frequent instances of distracted driving. Proponents contend that the bill creates a more fair and rehabilitative approach to dealing with driving violations, particularly for those who may have made isolated mistakes in the past. The balance between public safety and the reformation of drivers' records is expected to be a central point of debate as the bill progresses through the legislative process.

Companion Bills

NJ A5772

Carry Over Reduces time period during which certain prior offenses may be considered for sentencing purposes; permits first offenses to be removed from driving record in certain circumstances.

Previously Filed As

NJ A5772

Reduces time period during which certain prior offenses may be considered for sentencing purposes; permits first offenses to be removed from driving record in certain circumstances.

NJ S438

Extends to 90 days statute of limitations for unlawful use of cell phone while driving; increases penalties for texting while driving.

NJ S107

Extends to 90 days statute of limitations for unlawful use of cell phone while driving; increases penalties for texting while driving.

NJ S485

Establishes "Distracted Driver Enforcement and Education Fund."

NJ S1272

Establishes "Distracted Driver Enforcement and Education Fund."

NJ HB0273

Sentencing Modifications for Certain DUI Offenses

NJ A5066

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

NJ HB4066

Distracted Driving Act

NJ HB2218

Distracted Driving Act

NJ A809

Prohibits suspension of driving privileges and arrest for certain crimes and offenses.

Similar Bills

CA AB1222

Vehicles: electronic wireless communications devices.

CA AB2073

Vehicles: wireless telephones.

CA AB276

Vehicles: electronic wireless communication devices.

NJ S3132

Imposes certain requirements on secondhand dealers of cellular telephones and wireless communication devices.

NJ A4334

Imposes certain requirements on secondhand dealers of cellular telephones and wireless communication devices.

LA HB337

Makes using a cellular device while operating a vehicle a secondary offense

NJ A5772

Reduces time period during which certain prior offenses may be considered for sentencing purposes; permits first offenses to be removed from driving record in certain circumstances.

NJ S1272

Establishes "Distracted Driver Enforcement and Education Fund."