2C:58-3 Purchase of firearms.
2C:58-3. a. Permit to purchase a handgun. No person shall sell, give, transfer, assign or otherwise dispose of, nor receive, purchase, or otherwise acquire a handgun unless the purchaser, assignee, donee, receiver or holder is licensed as a dealer under this chapter or has first secured a permit to purchase a handgun as provided by this section.
b.Firearms purchaser identification card. No person shall sell, give, transfer, assign or otherwise dispose of nor receive, purchase or otherwise acquire an antique cannon or a rifle or shotgun, other than an antique rifle or shotgun, unless the purchaser, assignee, donee, receiver or holder is licensed as a dealer under this chapter or possesses a valid firearms purchaser identification card, and first exhibits said card to the seller, donor, transferor or assignor, and unless the purchaser, assignee, donee, receiver or holder signs a written certification, on a form prescribed by the superintendent, which shall indicate that he presently complies with the requirements of subsection c. of this section and shall contain his name, address and firearms purchaser identification card number or dealer's registration number. The said certification shall be retained by the seller, as provided in paragraph (4) of subsection a. of N.J.S.2C:58-2, or, in the case of a person who is not a dealer, it may be filed with the chief of police of the municipality in which he resides or with the superintendent.
c.Who may obtain. No person of good character and good repute in the community in which he lives, and who is not subject to any of the disabilities set forth in this section or other sections of this chapter, shall be denied a permit to purchase a handgun or a firearms purchaser identification card, except as hereinafter set forth. No handgun purchase permit or firearms purchaser identification card shall be issued:
(1)To any person who has been convicted of any crime, or a disorderly persons offense involving an act of domestic violence as defined in section 3 of P.L.1991, c.261 (C.2C:25-19), whether or not armed with or possessing a weapon at the time of such offense;
(2)To any drug dependent person as defined in section 2 of P.L.1970, c.226 (C.24:21-2), to any person who is confined for a mental disorder to a hospital, mental institution or sanitarium, or to any person who is presently an habitual drunkard;
(3)To any person who suffers from a physical defect or disease which would make it unsafe for him to handle firearms, to any person who has ever been confined for a mental disorder, or to any alcoholic unless any of the foregoing persons produces a certificate of a medical doctor or psychiatrist licensed in New Jersey, or other satisfactory proof, that he is no longer suffering from that particular disability in such a manner that would interfere with or handicap him in the handling of firearms; to any person who knowingly falsifies any information on the application form for a handgun purchase permit or firearms purchaser identification card;
(4)To any person under the age of 18 years for a firearms purchaser identification card and to any person under the age of 21 years for a permit to purchase a handgun;
(5)To any person where the issuance would not be in the interest of the public health, safety or welfare;
(6)To any person who is subject to a restraining order issued pursuant to the "Prevention of Domestic Violence Act of 1991," P.L.1991, c.261 (C.2C:25-17 et seq.) prohibiting the person from possessing any firearm;
(7)To any person who as a juvenile was adjudicated delinquent for an offense which, if committed by an adult, would constitute a crime and the offense involved the unlawful use or possession of a weapon, explosive or destructive device or is enumerated in subsection d. of section 2 of P.L.1997, c.117 (C.2C:43-7.2); or
(8)To any person whose firearm is seized pursuant to the "Prevention of Domestic Violence Act of 1991," P.L.1991, c.261 (C.2C:25-17 et seq.) and whose firearm has not been returned.
d.Issuance. The chief of police of an organized full-time police department of the municipality where the applicant resides or the superintendent, in all other cases, shall upon application, issue to any person qualified under the provisions of subsection c. of this section a permit to purchase a handgun or a firearms purchaser identification card.
Any person aggrieved by the denial of a permit or identification card may request a hearing in the Superior Court of the county in which he resides if he is a resident of New Jersey or in the Superior Court of the county in which his application was filed if he is a nonresident. The request for a hearing shall be made in writing within 30 days of the denial of the application for a permit or identification card. The applicant shall serve a copy of his request for a hearing upon the chief of police of the municipality in which he resides, if he is a resident of New Jersey, and upon the superintendent in all cases. The hearing shall be held and a record made thereof within 30 days of the receipt of the application for such hearing by the judge of the Superior Court. No formal pleading and no filing fee shall be required as a preliminary to such hearing. Appeals from the results of such hearing shall be in accordance with law.
e.Applications. Applications for permits to purchase a handgun and for firearms purchaser identification cards shall be in the form prescribed by the superintendent and shall set forth the name, residence, place of business, age, date of birth, occupation, sex and physical description, including distinguishing physical characteristics, if any, of the applicant, and shall state whether the applicant is a citizen, whether he is an alcoholic, habitual drunkard, drug dependent person as defined in section 2 of P.L.1970, c.226 (C.24:21-2), whether he has ever been confined or committed to a mental institution or hospital for treatment or observation of a mental or psychiatric condition on a temporary, interim or permanent basis, giving the name and location of the institution or hospital and the dates of such confinement or commitment, whether he has been attended, treated or observed by any doctor or psychiatrist or at any hospital or mental institution on an inpatient or outpatient basis for any mental or psychiatric condition, giving the name and location of the doctor, psychiatrist, hospital or institution and the dates of such occurrence, whether he presently or ever has been a member of any organization which advocates or approves the commission of acts of force and violence to overthrow the Government of the United States or of this State, or which seeks to deny others their rights under the Constitution of either the United States or the State of New Jersey, whether he has ever been convicted of a crime or disorderly persons offense, whether the person is subject to a restraining order issued pursuant to the "Prevention of Domestic Violence Act of 1991," P.L.1991, c.261 (C.2C:25-17 et seq.) prohibiting the person from possessing any firearm, and such other information as the superintendent shall deem necessary for the proper enforcement of this chapter. For the purpose of complying with this subsection, the applicant shall waive any statutory or other right of confidentiality relating to institutional confinement. The application shall be signed by the applicant and shall contain as references the names and addresses of two reputable citizens personally acquainted with him.
Application blanks shall be obtainable from the superintendent, from any other officer authorized to grant such permit or identification card, and from licensed retail dealers.
The chief police officer or the superintendent shall obtain the fingerprints of the applicant and shall have them compared with any and all records of fingerprints in the municipality and county in which the applicant resides and also the records of the State Bureau of Identification and the Federal Bureau of Investigation, provided that an applicant for a handgun purchase permit who possesses a valid firearms purchaser identification card, or who has previously obtained a handgun purchase permit from the same licensing authority for which he was previously fingerprinted, and who provides other reasonably satisfactory proof of his identity, need not be fingerprinted again; however, the chief police officer or the superintendent shall proceed to investigate the application to determine whether or not the applicant has become subject to any of the disabilities set forth in this chapter.
f.Granting of permit or identification card; fee; term; renewal; revocation. The application for the permit to purchase a handgun together with a fee of $2, or the application for the firearms purchaser identification card together with a fee of $5, shall be delivered or forwarded to the licensing authority who shall investigate the same and, unless good cause for the denial thereof appears, shall grant the permit or the identification card, or both, if application has been made therefor, within 30 days from the date of receipt of the application for residents of this State and within 45 days for nonresident applicants. A permit to purchase a handgun shall be valid for a period of 90 days from the date of issuance and may be renewed by the issuing authority for good cause for an additional 90 days. A firearms purchaser identification card shall be valid until such time as the holder becomes subject to any of the disabilities set forth in subsection c. of this section, whereupon the card shall be void and shall be returned within five days by the holder to the superintendent, who shall then advise the licensing authority. Failure of the holder to return the firearms purchaser identification card to the superintendent within the said five days shall be an offense under subsection a. of N.J.S.2C:39-10. Any firearms purchaser identification card may be revoked by the Superior Court of the county wherein the card was issued, after hearing upon notice, upon a finding that the holder thereof no longer qualifies for the issuance of such permit. The county prosecutor of any county, the chief police officer of any municipality or any citizen may apply to such court at any time for the revocation of such card.
There shall be no conditions or requirements added to the form or content of the application, or required by the licensing authority for the issuance of a permit or identification card, other than those that are specifically set forth in this chapter.
g.Disposition of fees. All fees for permits shall be paid to the State Treasury if the permit is issued by the superintendent, to the municipality if issued by the chief of police, and to the county treasurer if issued by the judge of the Superior Court.
h.Form of permit; quadruplicate; disposition of copies. The permit shall be in the form prescribed by the superintendent and shall be issued to the applicant in quadruplicate. Prior to the time he receives the handgun from the seller, the applicant shall deliver to the seller the permit in quadruplicate and the seller shall complete all of the information required on the form. Within five days of the date of the sale, the seller shall forward the original copy to the superintendent and the second copy to the chief of police of the municipality in which the purchaser resides, except that in a municipality having no chief of police, such copy shall be forwarded to the superintendent. The third copy shall then be returned to the purchaser with the pistol or revolver and the fourth copy shall be kept by the seller as a permanent record.
i.Restriction on number of firearms person may purchase. Only one handgun shall be purchased or delivered on each permit and no more than one handgun shall be purchased within any 30-day period, but this limitation shall not apply to:
(1)a federal, State or local law enforcement officer or agency purchasing handguns for use by officers in the actual performance of their law enforcement duties;
(2)a collector of handguns as curios or relics as defined in Title 18, United States Code, section 921 (a) (13) who has in his possession a valid Collector of Curios and Relics License issued by the federal Bureau of Alcohol, Tobacco, Firearms and Explosives;
(3)transfers of handguns among licensed retail dealers, registered wholesale dealers and registered manufacturers
(4)transfers of handguns from any person to a licensed retail dealer or a registered wholesale dealer or registered manufacturer.
The provisions of this subsection shall not be construed to afford or authorize any other exemption from the regulatory provisions governing firearms set forth in chapter 39 and chapter 58 of Title 2C of the New Jersey Statutes;
(5)any transaction where the person has purchased a handgun from a licensed retail dealer and has returned that handgun to the dealer in exchange for another handgun within 30 days of the original transaction, provided the retail dealer reports the exchange transaction to the superintendent; or
(6)any transaction where the superintendent issues an exemption from the prohibition in this subsection pursuant to the provisions of section 4 of P.L.2009, c.186 (C.2C:58-3.4).
A person shall not be restricted as to the number of rifles or shotguns he may purchase, provided he possesses a valid firearms purchaser identification card and provided further that he signs the certification required in subsection b. of this section for each transaction.
j.Firearms passing to heirs or legatees. Notwithstanding any other provision of this section concerning the transfer, receipt or acquisition of a firearm, a permit to purchase or a firearms purchaser identification card shall not be required for the passing of a firearm upon the death of an owner thereof to his heir or legatee, whether the same be by testamentary bequest or by the laws of intestacy. The person who shall so receive, or acquire said firearm shall, however, be subject to all other provisions of this chapter. If the heir or legatee of such firearm does not qualify to possess or carry it, he may retain ownership of the firearm for the purpose of sale for a period not exceeding 180 days, or for such further limited period as may be approved by the chief law enforcement officer of the municipality in which the heir or legatee resides or the superintendent, provided that such firearm is in the custody of the chief law enforcement officer of the municipality or the superintendent during such period.
k.Sawed-off shotguns. Nothing in this section shall be construed to authorize the purchase or possession of any sawed-off shotgun.
l.Nothing in this section and in N.J.S.2C:58-2 shall apply to the sale or purchase of a visual distress signalling device approved by the United States Coast Guard, solely for possession on a private or commercial aircraft or any boat; provided, however, that no person under the age of 18 years shall purchase nor shall any person sell to a person under the age of 18 years such a visual distress signalling device.
Amended 1979, c.179, s.11; 1981, c.363, s.2; 1982, c.173, s.2; 1983, c.479, s.4; 1991, c.261, s.19; 2000, c.145, s.1; 2001, c.3, s.1; 2003, c.73; 2003, c.277, s.4; 2009, c.104, s.2; 2009, c.186, s.2.
Friday, March 19, 2010
2C:25-21 Arrest of alleged attacker; seizure of weapons, etc.
2C:25-21 Arrest of alleged attacker; seizure of weapons, etc.
5. a. When a person claims to be a victim of domestic violence, and where a law enforcement officer responding to the incident finds probable cause to believe that domestic violence has occurred, the law enforcement officer shall arrest the person who is alleged to be the person who subjected the victim to domestic violence and shall sign a criminal complaint if:
(1)The victim exhibits signs of injury caused by an act of domestic violence;
(2)A warrant is in effect;
(3)There is probable cause to believe that the person has violated N.J.S.2C:29-9, and there is probable cause to believe that the person has been served with the order alleged to have been violated. If the victim does not have a copy of a purported order, the officer may verify the existence of an order with the appropriate law enforcement agency; or
(4)There is probable cause to believe that a weapon as defined in N.J.S.2C:39-1 has been involved in the commission of an act of domestic violence.
b.A law enforcement officer may arrest a person; or may sign a criminal complaint against that person, or may do both, where there is probable cause to believe that an act of domestic violence has been committed, but where none of the conditions in subsection a. of this section applies.
c. (1) As used in this section, the word "exhibits" is to be liberally construed to mean any indication that a victim has suffered bodily injury, which shall include physical pain or any impairment of physical condition. Where the victim exhibits no visible sign of injury, but states that an injury has occurred, the officer should consider other relevant factors in determining whether there is probable cause to make an arrest.
(2)In determining which party in a domestic violence incident is the victim where both parties exhibit signs of injury, the officer should consider the comparative extent of the injuries, the history of domestic violence between the parties, if any, and any other relevant factors.
(3)No victim shall be denied relief or arrested or charged under this act with an offense because the victim used reasonable force in self defense against domestic violence by an attacker.
d. (1) In addition to a law enforcement officer's authority to seize any weapon that is contraband, evidence or an instrumentality of crime, a law enforcement officer who has probable cause to believe that an act of domestic violence has been committed shall:
(a)question persons present to determine whether there are weapons on the premises; and
(b)upon observing or learning that a weapon is present on the premises, seize any weapon that the officer reasonably believes would expose the victim to a risk of serious bodily injury. If a law enforcement officer seizes any firearm pursuant to this paragraph, the officer shall also seize any firearm purchaser identification card or permit to purchase a handgun issued to the person accused of the act of domestic violence.
(2)A law enforcement officer shall deliver all weapons, firearms purchaser identification cards and permits to purchase a handgun seized pursuant to this section to the county prosecutor and shall append an inventory of all seized items to the domestic violence report.
(3)Weapons seized in accordance with the "Prevention of Domestic Violence Act of 1991", P.L.1991,c.261(C.2C:25-17 et seq.) shall be returned to the owner except upon order of the Superior Court. The prosecutor who has possession of the seized weapons may, upon notice to the owner, petition a judge of the Family Part of the Superior Court, Chancery Division, within 45 days of seizure, to obtain title to the seized weapons, or to revoke any and all permits, licenses and other authorizations for the use, possession, or ownership of such weapons pursuant to the law governing such use, possession, or ownership, or may object to the return of the weapons on such grounds as are provided for the initial rejection or later revocation of the authorizations, or on the grounds that the owner is unfit or that the owner poses a threat to the public in general or a person or persons in particular.
A hearing shall be held and a record made thereof within 45 days of the notice provided above. No formal pleading and no filing fee shall be required as a preliminary to such hearing. The hearing shall be summary in nature. Appeals from the results of the hearing shall be to the Superior Court, Appellate Division, in accordance with the law.
If the prosecutor does not institute an action within 45 days of seizure, the seized weapons shall be returned to the owner.
After the hearing the court shall order the return of the firearms, weapons and any authorization papers relating to the seized weapons to the owner if the court determines the owner is not subject to any of the disabilities set forth in N.J.S.2C:58-3c. and finds that the complaint has been dismissed at the request of the complainant and the prosecutor determines that there is insufficient probable cause to indict; or if the defendant is found not guilty of the charges; or if the court determines that the domestic violence situation no longer exists.Nothing in this act shall impair the right of the State to retain evidence pending a criminal prosecution. Nor shall any provision of this act be construed to limit the authority of the State or a law enforcement officer to seize, retain or forfeit property pursuant to chapter 64 of Title 2C of the New Jersey Statutes.
If, after the hearing, the court determines that the weapons are not to be returned to the owner, the court may:
(a)With respect to weapons other than firearms, order the prosecutor to dispose of the weapons if the owner does not arrange for the transfer or sale of the weapons to an appropriate person within 60 days; or
(b)Order the revocation of the owner's firearms purchaser identification card or any permit, license or authorization, in which case the court shall order the owner to surrender any firearm seized and all other firearms possessed to the prosecutor and shall order the prosecutor to dispose of the firearms if the owner does not arrange for the sale of the firearms to a registered dealer of the firearms within 60 days; or
(c)Order such other relief as it may deem appropriate. When the court orders the weapons forfeited to the State or the prosecutor is required to dispose of the weapons, the prosecutor shall dispose of the property as provided in N.J.S.2C:64-6.
(4)A civil suit may be brought to enjoin a wrongful failure to return a seized firearm where the prosecutor refuses to return the weapon after receiving a written request to do so and notice of the owner's intent to bring a civil action pursuant to this section. Failure of the prosecutor to comply with the provisions of this act shall entitle the prevailing party in the civil suit to reasonable costs, including attorney's fees, provided that the court finds that the prosecutor failed to act in good faith in retaining the seized weapon.
(5)No law enforcement officer or agency shall be held liable in any civil action brought by any person for failing to learn of, locate or seize a weapon pursuant to this act, or for returning a seized weapon to its owner.
5. a. When a person claims to be a victim of domestic violence, and where a law enforcement officer responding to the incident finds probable cause to believe that domestic violence has occurred, the law enforcement officer shall arrest the person who is alleged to be the person who subjected the victim to domestic violence and shall sign a criminal complaint if:
(1)The victim exhibits signs of injury caused by an act of domestic violence;
(2)A warrant is in effect;
(3)There is probable cause to believe that the person has violated N.J.S.2C:29-9, and there is probable cause to believe that the person has been served with the order alleged to have been violated. If the victim does not have a copy of a purported order, the officer may verify the existence of an order with the appropriate law enforcement agency; or
(4)There is probable cause to believe that a weapon as defined in N.J.S.2C:39-1 has been involved in the commission of an act of domestic violence.
b.A law enforcement officer may arrest a person; or may sign a criminal complaint against that person, or may do both, where there is probable cause to believe that an act of domestic violence has been committed, but where none of the conditions in subsection a. of this section applies.
c. (1) As used in this section, the word "exhibits" is to be liberally construed to mean any indication that a victim has suffered bodily injury, which shall include physical pain or any impairment of physical condition. Where the victim exhibits no visible sign of injury, but states that an injury has occurred, the officer should consider other relevant factors in determining whether there is probable cause to make an arrest.
(2)In determining which party in a domestic violence incident is the victim where both parties exhibit signs of injury, the officer should consider the comparative extent of the injuries, the history of domestic violence between the parties, if any, and any other relevant factors.
(3)No victim shall be denied relief or arrested or charged under this act with an offense because the victim used reasonable force in self defense against domestic violence by an attacker.
d. (1) In addition to a law enforcement officer's authority to seize any weapon that is contraband, evidence or an instrumentality of crime, a law enforcement officer who has probable cause to believe that an act of domestic violence has been committed shall:
(a)question persons present to determine whether there are weapons on the premises; and
(b)upon observing or learning that a weapon is present on the premises, seize any weapon that the officer reasonably believes would expose the victim to a risk of serious bodily injury. If a law enforcement officer seizes any firearm pursuant to this paragraph, the officer shall also seize any firearm purchaser identification card or permit to purchase a handgun issued to the person accused of the act of domestic violence.
(2)A law enforcement officer shall deliver all weapons, firearms purchaser identification cards and permits to purchase a handgun seized pursuant to this section to the county prosecutor and shall append an inventory of all seized items to the domestic violence report.
(3)Weapons seized in accordance with the "Prevention of Domestic Violence Act of 1991", P.L.1991,c.261(C.2C:25-17 et seq.) shall be returned to the owner except upon order of the Superior Court. The prosecutor who has possession of the seized weapons may, upon notice to the owner, petition a judge of the Family Part of the Superior Court, Chancery Division, within 45 days of seizure, to obtain title to the seized weapons, or to revoke any and all permits, licenses and other authorizations for the use, possession, or ownership of such weapons pursuant to the law governing such use, possession, or ownership, or may object to the return of the weapons on such grounds as are provided for the initial rejection or later revocation of the authorizations, or on the grounds that the owner is unfit or that the owner poses a threat to the public in general or a person or persons in particular.
A hearing shall be held and a record made thereof within 45 days of the notice provided above. No formal pleading and no filing fee shall be required as a preliminary to such hearing. The hearing shall be summary in nature. Appeals from the results of the hearing shall be to the Superior Court, Appellate Division, in accordance with the law.
If the prosecutor does not institute an action within 45 days of seizure, the seized weapons shall be returned to the owner.
After the hearing the court shall order the return of the firearms, weapons and any authorization papers relating to the seized weapons to the owner if the court determines the owner is not subject to any of the disabilities set forth in N.J.S.2C:58-3c. and finds that the complaint has been dismissed at the request of the complainant and the prosecutor determines that there is insufficient probable cause to indict; or if the defendant is found not guilty of the charges; or if the court determines that the domestic violence situation no longer exists.Nothing in this act shall impair the right of the State to retain evidence pending a criminal prosecution. Nor shall any provision of this act be construed to limit the authority of the State or a law enforcement officer to seize, retain or forfeit property pursuant to chapter 64 of Title 2C of the New Jersey Statutes.
If, after the hearing, the court determines that the weapons are not to be returned to the owner, the court may:
(a)With respect to weapons other than firearms, order the prosecutor to dispose of the weapons if the owner does not arrange for the transfer or sale of the weapons to an appropriate person within 60 days; or
(b)Order the revocation of the owner's firearms purchaser identification card or any permit, license or authorization, in which case the court shall order the owner to surrender any firearm seized and all other firearms possessed to the prosecutor and shall order the prosecutor to dispose of the firearms if the owner does not arrange for the sale of the firearms to a registered dealer of the firearms within 60 days; or
(c)Order such other relief as it may deem appropriate. When the court orders the weapons forfeited to the State or the prosecutor is required to dispose of the weapons, the prosecutor shall dispose of the property as provided in N.J.S.2C:64-6.
(4)A civil suit may be brought to enjoin a wrongful failure to return a seized firearm where the prosecutor refuses to return the weapon after receiving a written request to do so and notice of the owner's intent to bring a civil action pursuant to this section. Failure of the prosecutor to comply with the provisions of this act shall entitle the prevailing party in the civil suit to reasonable costs, including attorney's fees, provided that the court finds that the prosecutor failed to act in good faith in retaining the seized weapon.
(5)No law enforcement officer or agency shall be held liable in any civil action brought by any person for failing to learn of, locate or seize a weapon pursuant to this act, or for returning a seized weapon to its owner.
Monday, March 15, 2010
NJAC 13:19-6.15. List of approved BAIIDS and service centers
NJAC 13:19-6.15. List of approved BAIIDS and service centers
A list of the BAIIDs certified by the Chief Administrator under 13:19-6.7, and of the service centers where the BAIIDs may be obtained and serviced, may be obtained by contacting the Commission at the following address:
New Jersey Motor Vehicle Commission
PO Box 134
Trenton, NJ 08666-0134
(609) 292-7500
or by accessing the Commission's website at
www.state.nj.us/mvc .
HISTORY:
Amended by R.2005 d.47, effective February 7, 2005.
See: 36 New Jersey Register 4005(a), 37 New Jersey Register 505(a).
A list of the BAIIDs certified by the Chief Administrator under 13:19-6.7, and of the service centers where the BAIIDs may be obtained and serviced, may be obtained by contacting the Commission at the following address:
New Jersey Motor Vehicle Commission
PO Box 134
Trenton, NJ 08666-0134
(609) 292-7500
or by accessing the Commission's website at
www.state.nj.us/mvc .
HISTORY:
Amended by R.2005 d.47, effective February 7, 2005.
See: 36 New Jersey Register 4005(a), 37 New Jersey Register 505(a).
NJAC 13:19-6.14 Indigent persons
NJAC 13:19-6.14 Indigent persons
(a) An indigent person is eligible for a reduced installation charge and monthly leasing fees during the period the person is indigent.
(b) A person applying for reduced rates established at (c) below must present to the manufacturer or service provider proof that the person is indigent at the time of application. A valid participation card or a letter in original form from the governmental assistance program's sponsoring agency written on the agency's letterhead confirming participation in the governmental assistance program shall be acceptable forms of proof.
(c) The reduced rate for indigent persons is 50 percent of the installation charge and 50 percent of the monthly leasing fee.
Chapter Notes
(a) An indigent person is eligible for a reduced installation charge and monthly leasing fees during the period the person is indigent.
(b) A person applying for reduced rates established at (c) below must present to the manufacturer or service provider proof that the person is indigent at the time of application. A valid participation card or a letter in original form from the governmental assistance program's sponsoring agency written on the agency's letterhead confirming participation in the governmental assistance program shall be acceptable forms of proof.
(c) The reduced rate for indigent persons is 50 percent of the installation charge and 50 percent of the monthly leasing fee.
Chapter Notes
NJAC 13:19-6.12 Annual registration and review of certification of BAIID
NJAC 13:19-6.12 Annual registration and review of certification of BAIID
(a) A manufacturer of a BAIID certified under 13:19-6.7 shall register the BAIID with the Chief Administrator by January 30 of each year subsequent to the year in which the Chief Administrator certified the BAIID on a form supplied by the Commission.
(b) The registration form shall require the manufacturer to state that its certified BAIID and each service center in its network meets the requirements of this subchapter, as amended and supplemented.
HISTORY:
Amended by R.2005 d.47, effective February 7, 2005.
See: 36 New Jersey Register 4005(a), 37 New Jersey Register 505(a).
In (a), substituted "Chief Administrator" for "Director" and "Commission" for "Division" throughout.
Chapter Notes
(a) A manufacturer of a BAIID certified under 13:19-6.7 shall register the BAIID with the Chief Administrator by January 30 of each year subsequent to the year in which the Chief Administrator certified the BAIID on a form supplied by the Commission.
(b) The registration form shall require the manufacturer to state that its certified BAIID and each service center in its network meets the requirements of this subchapter, as amended and supplemented.
HISTORY:
Amended by R.2005 d.47, effective February 7, 2005.
See: 36 New Jersey Register 4005(a), 37 New Jersey Register 505(a).
In (a), substituted "Chief Administrator" for "Director" and "Commission" for "Division" throughout.
Chapter Notes
NJAC 13:19-6.11 Service center requirements
NJAC 13:19-6.11 Service center requirements
(a) Each service center in a manufacturer's network shall be able to service the manufacturer's BAIID in accordance with accepted industry standards and according to the instructions provided by the manufacturer of the BAIID.
(b) Each service center shall:
1. Be configured to provide a secure area that is both physically and visually inaccessible to customers, in which to service BAIIDs;
2. Provide a waiting area in which persons may wait during BAIID servicing, and an area for customer training;
3. Display in a place visible to BAIID customers a sign provided by the Commission that states "New Jersey Approved Ignition Interlock Service Center";
4. Be equipped with the necessary tools, test equipment, and manuals for servicing BAIIDs;
5. Have a secure area in which to maintain materials, records, supplies and equipment related to the servicing of BAIIDs;
6. Keep as confidential and shall not disclose program participants' personal and medical information provided to the Service Provider, except to the Commission and to entities designated by the Commission as authorized to receive the information;
7. Monitor BAIIDs periodically, at intervals of no more than 67 days;
8. Maintain records required to be made pursuant to this subchapter and shall provide an individual's data logger record, either in computerized or hard copy form or both, for inspection by the Commission's authorized representatives for at least five years after BAIID removal;
9. Create a written record and photograph evidence of tampering or attempted tampering with or circumvention or attempted circumvention of the proper operation of a device;
10. Provide ignition interlock devices at reduced rates to indigent persons in accordance with 13:19-6.14;
11. Operate during normal business hours;
12. Maintain a toll-free 24-hour emergency response telephone number;
13. Respond to requests for emergency response within 40 minutes of the request, and shall provide emergency service within 48 hours of the request;
14. Complete installation of a BAIID within seven days of a program participant's request;
15. Provide the program participant with a certificate of installation on a form provided by the Commission upon completion and delivery of the BAIID installation;
i. The certificate of installation shall contain the following information:
(1) The service provider's name, address, and telephone number;
(2) The installer's signature;
(3) The date of installation;
(4) The name and address of the registered owner of the vehicle in which the device is installed;
(5) The name and address of the person required by the court to have the BAIID installed, if different than the owner; and
(6) The make, model, year, vehicle identification number and license plate number of the vehicle in which the BAIID is installed;
ii. The service center shall attach the service invoice to the certificate of installation;
16. Provide user orientation, training, and support;
i. Training shall take the form of written instructions and hands-on training for operation of the BAIID installed in the participant's vehicle;
ii. Training shall include instructions on routine user care, cleaning, and maintenance, and procedures in emergencies;
iii. The service center shall provide the participant with a list of vehicle repairs or malfunctions that may affect the operation of the BAIID and instructions and procedures to be followed in the performance of vehicle repairs to avoid affecting the operation of the BAIID; and
iv. The service center shall provide the program participant with its 24-hour emergency telephone number and a list of service providers' locations and telephone numbers; and
17. Provide periodic servicing and calibration to ensure proper operation of the device and its tamper-detection capabilities that shall include:
i. Recalibration and performance of all periodic service required by the manufacturer;
ii. Inspection of the BAIID's external wiring insulation, connections, and sheathing, including connections to the vehicle and tamper seals to ensure proper functioning of the device and for any perforations, cuts or other evidence of possible tampering;
iii. Written documentation and photographing of any evidence of attempts to tamper with the BAIID, such as perforations or cuts; and
iv. If a service center observes that a BAIID is inoperable in any respect, confirmation that the BAIID is in fully operating condition, and restoration to fully operating condition.
(c) Service center personnel:
1. That service BAIIDs shall have the training and skills necessary to provide such service and to provide user orientation and support;
2. Shall not have been convicted of a crime substantially related to their qualifications, functions, and duties as service provider employees, including, but not limited to, convictions for the following offenses:
i. Perjury;
ii. Any felony;
iii. Violation of probation; or
iv. For personnel employed by an applicant for approval as a service center, any alcohol or drug-related offense within the five years prior to the date of application for approval; for personnel hired by an applicant or approved service center after that date, any alcohol or drug-related offense within five years prior to their hiring date; and
3. Shall have no record of a driver license or registration revocation, suspension, or denial for a violation or violations of motor vehicle safety equipment laws within the last five years prior to the commencement of their employment.
HISTORY:
Amended by R.2005 d.47, effective February 7, 2005.
See: 36 New Jersey Register 4005(a), 37 New Jersey Register 505(a).
Substituted references to the Commission for references to the Division throughout.
Chapter Notes
(a) Each service center in a manufacturer's network shall be able to service the manufacturer's BAIID in accordance with accepted industry standards and according to the instructions provided by the manufacturer of the BAIID.
(b) Each service center shall:
1. Be configured to provide a secure area that is both physically and visually inaccessible to customers, in which to service BAIIDs;
2. Provide a waiting area in which persons may wait during BAIID servicing, and an area for customer training;
3. Display in a place visible to BAIID customers a sign provided by the Commission that states "New Jersey Approved Ignition Interlock Service Center";
4. Be equipped with the necessary tools, test equipment, and manuals for servicing BAIIDs;
5. Have a secure area in which to maintain materials, records, supplies and equipment related to the servicing of BAIIDs;
6. Keep as confidential and shall not disclose program participants' personal and medical information provided to the Service Provider, except to the Commission and to entities designated by the Commission as authorized to receive the information;
7. Monitor BAIIDs periodically, at intervals of no more than 67 days;
8. Maintain records required to be made pursuant to this subchapter and shall provide an individual's data logger record, either in computerized or hard copy form or both, for inspection by the Commission's authorized representatives for at least five years after BAIID removal;
9. Create a written record and photograph evidence of tampering or attempted tampering with or circumvention or attempted circumvention of the proper operation of a device;
10. Provide ignition interlock devices at reduced rates to indigent persons in accordance with 13:19-6.14;
11. Operate during normal business hours;
12. Maintain a toll-free 24-hour emergency response telephone number;
13. Respond to requests for emergency response within 40 minutes of the request, and shall provide emergency service within 48 hours of the request;
14. Complete installation of a BAIID within seven days of a program participant's request;
15. Provide the program participant with a certificate of installation on a form provided by the Commission upon completion and delivery of the BAIID installation;
i. The certificate of installation shall contain the following information:
(1) The service provider's name, address, and telephone number;
(2) The installer's signature;
(3) The date of installation;
(4) The name and address of the registered owner of the vehicle in which the device is installed;
(5) The name and address of the person required by the court to have the BAIID installed, if different than the owner; and
(6) The make, model, year, vehicle identification number and license plate number of the vehicle in which the BAIID is installed;
ii. The service center shall attach the service invoice to the certificate of installation;
16. Provide user orientation, training, and support;
i. Training shall take the form of written instructions and hands-on training for operation of the BAIID installed in the participant's vehicle;
ii. Training shall include instructions on routine user care, cleaning, and maintenance, and procedures in emergencies;
iii. The service center shall provide the participant with a list of vehicle repairs or malfunctions that may affect the operation of the BAIID and instructions and procedures to be followed in the performance of vehicle repairs to avoid affecting the operation of the BAIID; and
iv. The service center shall provide the program participant with its 24-hour emergency telephone number and a list of service providers' locations and telephone numbers; and
17. Provide periodic servicing and calibration to ensure proper operation of the device and its tamper-detection capabilities that shall include:
i. Recalibration and performance of all periodic service required by the manufacturer;
ii. Inspection of the BAIID's external wiring insulation, connections, and sheathing, including connections to the vehicle and tamper seals to ensure proper functioning of the device and for any perforations, cuts or other evidence of possible tampering;
iii. Written documentation and photographing of any evidence of attempts to tamper with the BAIID, such as perforations or cuts; and
iv. If a service center observes that a BAIID is inoperable in any respect, confirmation that the BAIID is in fully operating condition, and restoration to fully operating condition.
(c) Service center personnel:
1. That service BAIIDs shall have the training and skills necessary to provide such service and to provide user orientation and support;
2. Shall not have been convicted of a crime substantially related to their qualifications, functions, and duties as service provider employees, including, but not limited to, convictions for the following offenses:
i. Perjury;
ii. Any felony;
iii. Violation of probation; or
iv. For personnel employed by an applicant for approval as a service center, any alcohol or drug-related offense within the five years prior to the date of application for approval; for personnel hired by an applicant or approved service center after that date, any alcohol or drug-related offense within five years prior to their hiring date; and
3. Shall have no record of a driver license or registration revocation, suspension, or denial for a violation or violations of motor vehicle safety equipment laws within the last five years prior to the commencement of their employment.
HISTORY:
Amended by R.2005 d.47, effective February 7, 2005.
See: 36 New Jersey Register 4005(a), 37 New Jersey Register 505(a).
Substituted references to the Commission for references to the Division throughout.
Chapter Notes
NJAC 13:19-6.10 Revocation of certification of BAIID
NJAC 13:19-6.10 Revocation of certification of BAIID
(a) The Chief Administrator shall revoke certification of a BAIID, and remove it from the list of approved BAIIDs, upon one or more of the following grounds:
1. Evidence of repeated device failures due to gross defects in design, materials, or workmanship during manufacture;
2. Termination of manufacturer's liability insurance;
3. Notification that the manufacturer is no longer in business;
4. Request of the manufacturer to remove its BAIID from the list of approved BAIIDs;
5. Evidence that the manufacturer is not in compliance with the provisions of this subchapter, and the determination that the noncompliance impairs the integrity, safety, consistency, or cost-effectiveness of, or public trust in, the program;
6. Evidence that the manufacturer repeatedly is not in compliance with the provisions of this subchapter, and the determination that the repeated noncompliance impairs the integrity, safety, consistency, or cost-effectiveness of, or public trust in, the program;
7. Evidence that the BAIID was inaccurately represented to meet certification standards; or
8. Suspension, revocation or denial of certification or approval of a BAIID in another state.
(b) The effective date of revocation shall be 15 days after the Commission sends notification thereof to the manufacturer by certified mail, except in cases where the Chief Administrator determines immediate revocation is necessary for the safety and welfare of the public.
(c) Upon revocation of the Chief Administrator's certification of a BAIID, the manufacturer shall be responsible for removal of all such BAIIDs from the vehicles of persons that had the BAIID installed to meet court-ordered sentencing requirements, for any costs connected with the removal, and for the cost of installation of new BAIIDs that comply with this subchapter.
HISTORY:
Amended by R.2005 d.47, effective February 7, 2005.
See: 36 New Jersey Register 4005(a), 37 New Jersey Register 505(a).
In (b), substituted "Commission" for "Division"; substituted references to the Chief Administrator for references to the Director throughout.
Chapter Notes
(a) The Chief Administrator shall revoke certification of a BAIID, and remove it from the list of approved BAIIDs, upon one or more of the following grounds:
1. Evidence of repeated device failures due to gross defects in design, materials, or workmanship during manufacture;
2. Termination of manufacturer's liability insurance;
3. Notification that the manufacturer is no longer in business;
4. Request of the manufacturer to remove its BAIID from the list of approved BAIIDs;
5. Evidence that the manufacturer is not in compliance with the provisions of this subchapter, and the determination that the noncompliance impairs the integrity, safety, consistency, or cost-effectiveness of, or public trust in, the program;
6. Evidence that the manufacturer repeatedly is not in compliance with the provisions of this subchapter, and the determination that the repeated noncompliance impairs the integrity, safety, consistency, or cost-effectiveness of, or public trust in, the program;
7. Evidence that the BAIID was inaccurately represented to meet certification standards; or
8. Suspension, revocation or denial of certification or approval of a BAIID in another state.
(b) The effective date of revocation shall be 15 days after the Commission sends notification thereof to the manufacturer by certified mail, except in cases where the Chief Administrator determines immediate revocation is necessary for the safety and welfare of the public.
(c) Upon revocation of the Chief Administrator's certification of a BAIID, the manufacturer shall be responsible for removal of all such BAIIDs from the vehicles of persons that had the BAIID installed to meet court-ordered sentencing requirements, for any costs connected with the removal, and for the cost of installation of new BAIIDs that comply with this subchapter.
HISTORY:
Amended by R.2005 d.47, effective February 7, 2005.
See: 36 New Jersey Register 4005(a), 37 New Jersey Register 505(a).
In (b), substituted "Commission" for "Division"; substituted references to the Chief Administrator for references to the Director throughout.
Chapter Notes
NJAC 13:19-6.9 Reports required from manufacturer after BAIID certification
NJAC 13:19-6.9 Reports required from manufacturer after BAIID certification
(a) The manufacturer of a BAIID certified under 13:19-6.7 shall provide annually to the Commission the following:
1. A certified statement that its manufacture of the certified BAIID has not been modified or altered in any way; and
2. A summary of all complaints received and corrective action taken by the manufacturer concerning the servicing or use of the certified BAIID, that shall be categorized by:
i. Customer error of operation;
ii. Faulty automotive equipment other than the BAIID;
iii. Apparent misuse or attempts to circumvent the BAIID causing damage;
iv. BAIID failure due to material defect, design defect, or workmanship errors in construction; and
v. Vehicle or BAIID failure due to service provided by the manufacturer's service center.
(b) The manufacturer of a BAIID certified under 13:19-6.7 shall notify the Commission in writing if another state denies, suspends, or revokes certification or approval of the BAIID. This notification shall be made within 30 days after the manufacturer has received notice of the suspension, revocation, or denial of certification or approval of the BAIID, regardless of whether or not the manufacturer has sought review of the suspension, revocation or denial of certification or approval.
HISTORY:
Amended by R.2005 d.47, effective February 7, 2005.
See: 36 New Jersey Register 4005(a), 37 New Jersey Register 505(a).
Redesignated former (c) as (b); substituted "Commission" for "Division" throughout.
Chapter Notes
(a) The manufacturer of a BAIID certified under 13:19-6.7 shall provide annually to the Commission the following:
1. A certified statement that its manufacture of the certified BAIID has not been modified or altered in any way; and
2. A summary of all complaints received and corrective action taken by the manufacturer concerning the servicing or use of the certified BAIID, that shall be categorized by:
i. Customer error of operation;
ii. Faulty automotive equipment other than the BAIID;
iii. Apparent misuse or attempts to circumvent the BAIID causing damage;
iv. BAIID failure due to material defect, design defect, or workmanship errors in construction; and
v. Vehicle or BAIID failure due to service provided by the manufacturer's service center.
(b) The manufacturer of a BAIID certified under 13:19-6.7 shall notify the Commission in writing if another state denies, suspends, or revokes certification or approval of the BAIID. This notification shall be made within 30 days after the manufacturer has received notice of the suspension, revocation, or denial of certification or approval of the BAIID, regardless of whether or not the manufacturer has sought review of the suspension, revocation or denial of certification or approval.
HISTORY:
Amended by R.2005 d.47, effective February 7, 2005.
See: 36 New Jersey Register 4005(a), 37 New Jersey Register 505(a).
Redesignated former (c) as (b); substituted "Commission" for "Division" throughout.
Chapter Notes
NJAC 13:19-6.8 Liability insurance
NJAC 13:19-6.8 Liability insurance
The manufacturer of a BAIID that is the subject of an application for certification under 13:19-6.7 shall carry product liability insurance with minimum liability limits of one million dollars per occurrence, with three million dollars aggregate total. The liability covered shall include defects in product design and materials as well as in the work of manufacturing. The proof of insurance shall include a statement from the insurance company that the insurance company shall provide the Commission with written notice of cancellation of the insurance 30 days before cancellation of the insurance.
HISTORY:
Amended by R.2005 d.47, effective February 7, 2005.
See: 36 New Jersey Register 4005(a), 37 New Jersey Register 505(a).
Substituted "Commission" for "Division".
Chapter Notes
The manufacturer of a BAIID that is the subject of an application for certification under 13:19-6.7 shall carry product liability insurance with minimum liability limits of one million dollars per occurrence, with three million dollars aggregate total. The liability covered shall include defects in product design and materials as well as in the work of manufacturing. The proof of insurance shall include a statement from the insurance company that the insurance company shall provide the Commission with written notice of cancellation of the insurance 30 days before cancellation of the insurance.
HISTORY:
Amended by R.2005 d.47, effective February 7, 2005.
See: 36 New Jersey Register 4005(a), 37 New Jersey Register 505(a).
Substituted "Commission" for "Division".
Chapter Notes
NJAC 13:19-6.7 Certification of BAIID by the Chief Administrator; bonding requirement
NJAC 13:19-6.7 Certification of BAIID by the Chief Administrator; bonding requirement
(a) Except as provided in (b) below, the Chief Administrator shall certify a BAIID pursuant to N.J.S.A. 39:4-50.20 provided the BAIID meets the requirements of 13:19-6.5, the manufacturer has filed a completed application containing the certifications and information required in 13:19-6.6, and the manufacturer's service center complies with the requirements of 13:19-6.11.
(b) In determining to grant certification, the Chief Administrator shall take into consideration the denial, suspension, or revocation of certification or approval of a BAIID by another state for the same model BAIID in New Jersey. The Chief Administrator shall deny certification if the Chief Administrator determines that the circumstances or conditions another state found to exist as warranting denial, suspension, or revocation of certification or approval of the BAIID are relevant to New Jersey's program goals and have not been corrected or remedied to a degree that ensures that the goals of this subchapter and its authorizing legislation, as amended and supplemented from time to time, would be met.
(c) The Chief Administrator shall notify the manufacturer in writing that the Chief Administrator has certified, or that the Chief Administrator has denied certification of, the BAIID. If the Chief Administrator has denied certification, the notification shall state the reason for the denial.
(d) After certification of a BAIID, and before permitting the installation of the certified BAIID by its service centers, the manufacturer shall file with the Commission a surety bond for $ 10,000 that insures the Commission against any monetary loss suffered because of a violation of these rules by the manufacturer and/or its service centers.
HISTORY:
Amended by R.2005 d.47, effective February 7, 2005.
See: 36 New Jersey Register 4005(a), 37 New Jersey Register 505(a).
In (a) through (c), substituted "Chief Administrator" for "Director" throughout; in (d), substituted "Commission" for "Division" throughout.
Chapter Notes
(a) Except as provided in (b) below, the Chief Administrator shall certify a BAIID pursuant to N.J.S.A. 39:4-50.20 provided the BAIID meets the requirements of 13:19-6.5, the manufacturer has filed a completed application containing the certifications and information required in 13:19-6.6, and the manufacturer's service center complies with the requirements of 13:19-6.11.
(b) In determining to grant certification, the Chief Administrator shall take into consideration the denial, suspension, or revocation of certification or approval of a BAIID by another state for the same model BAIID in New Jersey. The Chief Administrator shall deny certification if the Chief Administrator determines that the circumstances or conditions another state found to exist as warranting denial, suspension, or revocation of certification or approval of the BAIID are relevant to New Jersey's program goals and have not been corrected or remedied to a degree that ensures that the goals of this subchapter and its authorizing legislation, as amended and supplemented from time to time, would be met.
(c) The Chief Administrator shall notify the manufacturer in writing that the Chief Administrator has certified, or that the Chief Administrator has denied certification of, the BAIID. If the Chief Administrator has denied certification, the notification shall state the reason for the denial.
(d) After certification of a BAIID, and before permitting the installation of the certified BAIID by its service centers, the manufacturer shall file with the Commission a surety bond for $ 10,000 that insures the Commission against any monetary loss suffered because of a violation of these rules by the manufacturer and/or its service centers.
HISTORY:
Amended by R.2005 d.47, effective February 7, 2005.
See: 36 New Jersey Register 4005(a), 37 New Jersey Register 505(a).
In (a) through (c), substituted "Chief Administrator" for "Director" throughout; in (d), substituted "Commission" for "Division" throughout.
Chapter Notes
NJAC 13:19-6.6 Application for certification of BAIID
NJAC 13:19-6.6 Application for certification of BAIID
(a) A manufacturer seeking certification of a BAIID shall submit to the Chief Administrator a completed application on a form prescribed by the Chief Administrator.
(b) The manufacturer shall certify the following as to the BAIID for which the manufacturer seeks certification:
1. The installation and use of the BAIID shall not impede the safe operation of a vehicle in which it is installed;
2. The BAIID complies with the requirements of 13:19-6.5;
3. The manufacturer carries liability insurance meeting the requirements set forth in 13:19-6.8;
4. The manufacturer has a network of service centers in New Jersey that comply with 13:19-6.11;
5. The manufacturer provides training to its service center employees in the proper servicing of the BAIID and training to users of the BAIID in the proper operation and use of the BAIID; and
6. The manufacturer shall provide BAIIDs to indigents in accordance with 16:19-6.14.
(c) The manufacturer shall submit the following with its completed application:
1. A copy of the written instructions for servicing the BAIID that will be provided to service center employees, and a copy of the written instructions for proper operation and use of the BAIID that will be provided to the user of the BAIID;
2. Technical specifications descriptive of the BAIID's safety features, utility features, optional features and the manufacturer's required service interval;
3. A copy of the manufacturer's warranty of the BAIID;
4. A certificate of insurance from an insurance company licensed in New Jersey evidencing that the manufacturer holds liability insurance as required by 13:19-6.8;
5. A sample of the warning label it will affix to each BAIID to comply with 13:19-6.5(c);
6. Proof that the BAIID was tested by an approved ISO laboratory and was found to meet or exceed the NHTSA Model Specifications, or alternatively, proof that another state has certified or approved the BAIID as meeting or exceeding the NHTSA Model Specifications;
7. A list of all states that have certified or approved the BAIID for use in a program that requires a BAIID to meet or exceed the NHTSA Model Specifications, and the name, address and telephone number of the state official responsible for the certification or approval;
8. A list of all states that have revoked, suspended or denied certification or approval of the BAIID, the reasons for such actions, and the name, address and telephone number of the state official responsible for such actions;
9. A list of all service centers in the manufacturer's network that comply with 13:19-6.11, including the address of each, whether the facility is owned by the manufacturer or will be leased, rented, or otherwise secured from the owner and the name, address and telephone number of the owner; and
10. A list of employees that will provide services related to BAIIDs at the manufacturer's service centers.
HISTORY:
Amended by R.2005 d.47, effective February 7, 2005.
See: 36 New Jersey Register 4005(a), 37 New Jersey Register 505(a).
In (a), substituted "Chief Administrator" for "Director" throughout.
Chapter Notes
(a) A manufacturer seeking certification of a BAIID shall submit to the Chief Administrator a completed application on a form prescribed by the Chief Administrator.
(b) The manufacturer shall certify the following as to the BAIID for which the manufacturer seeks certification:
1. The installation and use of the BAIID shall not impede the safe operation of a vehicle in which it is installed;
2. The BAIID complies with the requirements of 13:19-6.5;
3. The manufacturer carries liability insurance meeting the requirements set forth in 13:19-6.8;
4. The manufacturer has a network of service centers in New Jersey that comply with 13:19-6.11;
5. The manufacturer provides training to its service center employees in the proper servicing of the BAIID and training to users of the BAIID in the proper operation and use of the BAIID; and
6. The manufacturer shall provide BAIIDs to indigents in accordance with 16:19-6.14.
(c) The manufacturer shall submit the following with its completed application:
1. A copy of the written instructions for servicing the BAIID that will be provided to service center employees, and a copy of the written instructions for proper operation and use of the BAIID that will be provided to the user of the BAIID;
2. Technical specifications descriptive of the BAIID's safety features, utility features, optional features and the manufacturer's required service interval;
3. A copy of the manufacturer's warranty of the BAIID;
4. A certificate of insurance from an insurance company licensed in New Jersey evidencing that the manufacturer holds liability insurance as required by 13:19-6.8;
5. A sample of the warning label it will affix to each BAIID to comply with 13:19-6.5(c);
6. Proof that the BAIID was tested by an approved ISO laboratory and was found to meet or exceed the NHTSA Model Specifications, or alternatively, proof that another state has certified or approved the BAIID as meeting or exceeding the NHTSA Model Specifications;
7. A list of all states that have certified or approved the BAIID for use in a program that requires a BAIID to meet or exceed the NHTSA Model Specifications, and the name, address and telephone number of the state official responsible for the certification or approval;
8. A list of all states that have revoked, suspended or denied certification or approval of the BAIID, the reasons for such actions, and the name, address and telephone number of the state official responsible for such actions;
9. A list of all service centers in the manufacturer's network that comply with 13:19-6.11, including the address of each, whether the facility is owned by the manufacturer or will be leased, rented, or otherwise secured from the owner and the name, address and telephone number of the owner; and
10. A list of employees that will provide services related to BAIIDs at the manufacturer's service centers.
HISTORY:
Amended by R.2005 d.47, effective February 7, 2005.
See: 36 New Jersey Register 4005(a), 37 New Jersey Register 505(a).
In (a), substituted "Chief Administrator" for "Director" throughout.
Chapter Notes
NJAC 13:19-6.5 Specifications for BAIIDs
NJAC 13:19-6.5 Specifications for BAIIDs
(a) A BAIID installed to meet court-ordered sentencing requirements pursuant to N.J.S.A. 39:4-50 and 39:4-50.17 shall meet or exceed the specifications for performance and testing of the NHTSA Model Specifications.
(b) The alcohol setpoint of the BAIID shall be at 0.05 percent BrAC.
(c) The BAIID shall have a warning label affixed to it containing the following language: "Any person tampering with, circumventing, or misusing this Ignition Interlock System shall be subject to prosecution and/or civil liability."
(d) The manufacturer's required service interval shall not exceed 67 days.
Chapter Notes
(a) A BAIID installed to meet court-ordered sentencing requirements pursuant to N.J.S.A. 39:4-50 and 39:4-50.17 shall meet or exceed the specifications for performance and testing of the NHTSA Model Specifications.
(b) The alcohol setpoint of the BAIID shall be at 0.05 percent BrAC.
(c) The BAIID shall have a warning label affixed to it containing the following language: "Any person tampering with, circumventing, or misusing this Ignition Interlock System shall be subject to prosecution and/or civil liability."
(d) The manufacturer's required service interval shall not exceed 67 days.
Chapter Notes
NJAC 13:19-6.4 Requirements for use of BAIIDS installed to meet sentencing requirements
NJAC 13:19-6.4 Requirements for use of BAIIDS installed to meet sentencing requirements
(a) In order to have a driver license restored, an offender required by the court to have a BAIID installed as part of a sentence imposed under N.J.S.A. 39:4-50 and 39:4-50.17 shall have installed, in every motor vehicle the offender owns, leases, or regularly operates, a BAIID that has been certified by the Chief Administrator under 13:19-6.7.
(b) The BAIID shall be installed by a service center designated by the Chief Administrator under this subchapter.
(c) The offender shall take or shall have taken each vehicle in which a BAIID is installed to a service center designated by the Chief Administrator at the service intervals required by the manufacturer of the BAIID, for periodic servicing and calibration.
(d) A BAIID installed as part of a sentence imposed under N.J.S.A. 39:4-50 and 39:4-50.17 shall not be removed until the date of the completion of the offender's interlock sentence as designated on the driver license document, unless the offender first surrenders his or her driver's license to the Commission.
HISTORY:
Amended by R.2005 d.47, effective February 7, 2005.
See: 36 New Jersey Register 4005(a), 37 New Jersey Register 505(a).
In (a) through (c), substituted "Chief Administrator" for "Director"; in (d), substituted "Commission" for "Division".
Chapter Notes
(a) In order to have a driver license restored, an offender required by the court to have a BAIID installed as part of a sentence imposed under N.J.S.A. 39:4-50 and 39:4-50.17 shall have installed, in every motor vehicle the offender owns, leases, or regularly operates, a BAIID that has been certified by the Chief Administrator under 13:19-6.7.
(b) The BAIID shall be installed by a service center designated by the Chief Administrator under this subchapter.
(c) The offender shall take or shall have taken each vehicle in which a BAIID is installed to a service center designated by the Chief Administrator at the service intervals required by the manufacturer of the BAIID, for periodic servicing and calibration.
(d) A BAIID installed as part of a sentence imposed under N.J.S.A. 39:4-50 and 39:4-50.17 shall not be removed until the date of the completion of the offender's interlock sentence as designated on the driver license document, unless the offender first surrenders his or her driver's license to the Commission.
HISTORY:
Amended by R.2005 d.47, effective February 7, 2005.
See: 36 New Jersey Register 4005(a), 37 New Jersey Register 505(a).
In (a) through (c), substituted "Chief Administrator" for "Director"; in (d), substituted "Commission" for "Division".
Chapter Notes
NJAC 13:19-6.3 Adoption and incorporation by reference NHTSA Model Specification for BAIIDS
NJAC 13:19-6.3 Adoption and incorporation by reference NHTSA Model Specification for BAIIDS
The Chief Administrator hereby adopts and incorporates by reference the NHTSA Model Specifications.
HISTORY:
Amended by R.2005 d.47, effective February 7, 2005.
See: 36 New Jersey Register 4005(a), 37 New Jersey Register 505(a).
Substituted "Chief Administrator" for "Director".
Chapter Notes
The Chief Administrator hereby adopts and incorporates by reference the NHTSA Model Specifications.
HISTORY:
Amended by R.2005 d.47, effective February 7, 2005.
See: 36 New Jersey Register 4005(a), 37 New Jersey Register 505(a).
Substituted "Chief Administrator" for "Director".
Chapter Notes
NJAC 13:19-6.2 Definitions ignition interlock device
§ 13:19-6.2 Definitions ignition interlock device
The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise:
"Alcohol" means ethanol, also known as ethyl alcohol.
"Alcohol setpoint" means the breath alcohol concentration at which the BAIID is set to lock the ignition.
"BrAC" means breath alcohol concentration expressed as the percentage of weight over volume (% w/v) based upon grams of alcohol per 210 liters of breath.
"Breath alcohol ignition interlock device" or "BAIID" means a device designed to allow a vehicle ignition switch to start the engine when the BrAC test result is below the alcohol setpoint, while locking the ignition when the breath test result is at or above the alcohol setpoint, and which at minimum meet the specifications for performance and testing of the NHTSA Model Specifications.
"Chief Administrator" means the Chief Administrator of the New Jersey Motor Vehicle Commission.
"Indigent" means participation in any of the following governmental assistance programs: Aid to Families with Dependent Children; Supplemental Security Income; General Assistance; Women, Infants and Children; Pharmaceutical Assistance to the Aged; Medicaid; Food Stamps; Temporary Disability Insurance; or Unemployment Insurance.
"Manufacturer" means a business engaged in the manufacturing or assembling of BAIIDs.
"Motor Vehicle Commission" or "Commission" means the New Jersey Motor Vehicle Commission established by section 4 of P.L. 2003, c.13 (N.J.S.A. 39:2A-4).
"NHTSA Model Specifications" means National Highway Traffic Safety Administration (NHTSA), U.S. Department of Transportation, Model Specifications for Breath Alcohol Ignition Interlock Devices (BAIIDs), 57 Fed. Reg. 11772-11787, as amended and supplemented.
"Optional feature" means any specification that the NHTSA Model Specifications do not specifically require or recommend.
"Safety feature" means any specification related to insuring that the BAIID will prevent a driver with a BrAC above the alcohol setpoint from driving.
"Service" means to install, calibrate, maintain, repair, remove, and otherwise perform work on a BAIID to ensure its proper performance.
"Service center" means a facility where BAIIDS certified under 13:19-6.7 are serviced.
"Tampering" means an overt, conscious attempt to physically disable or otherwise disconnect a BAIID from its power source and thereby allow a person with a BrAC above the setpoint to start the engine.
"Utility feature" means any specification related to insuring that the BAIID will function reliably and not interfere with driving by operators whose BrAC is below the alcohol setpoint.
HISTORY:
Amended by R.2005 d.47, effective February 7, 2005.
See: 36 New Jersey Register 4005(a), 37 New Jersey Register 505(a).
Added "Chief Administrator" and "Motor Vehicle Commission"; deleted "Director" and "Division".
Chapter Notes
The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise:
"Alcohol" means ethanol, also known as ethyl alcohol.
"Alcohol setpoint" means the breath alcohol concentration at which the BAIID is set to lock the ignition.
"BrAC" means breath alcohol concentration expressed as the percentage of weight over volume (% w/v) based upon grams of alcohol per 210 liters of breath.
"Breath alcohol ignition interlock device" or "BAIID" means a device designed to allow a vehicle ignition switch to start the engine when the BrAC test result is below the alcohol setpoint, while locking the ignition when the breath test result is at or above the alcohol setpoint, and which at minimum meet the specifications for performance and testing of the NHTSA Model Specifications.
"Chief Administrator" means the Chief Administrator of the New Jersey Motor Vehicle Commission.
"Indigent" means participation in any of the following governmental assistance programs: Aid to Families with Dependent Children; Supplemental Security Income; General Assistance; Women, Infants and Children; Pharmaceutical Assistance to the Aged; Medicaid; Food Stamps; Temporary Disability Insurance; or Unemployment Insurance.
"Manufacturer" means a business engaged in the manufacturing or assembling of BAIIDs.
"Motor Vehicle Commission" or "Commission" means the New Jersey Motor Vehicle Commission established by section 4 of P.L. 2003, c.13 (N.J.S.A. 39:2A-4).
"NHTSA Model Specifications" means National Highway Traffic Safety Administration (NHTSA), U.S. Department of Transportation, Model Specifications for Breath Alcohol Ignition Interlock Devices (BAIIDs), 57 Fed. Reg. 11772-11787, as amended and supplemented.
"Optional feature" means any specification that the NHTSA Model Specifications do not specifically require or recommend.
"Safety feature" means any specification related to insuring that the BAIID will prevent a driver with a BrAC above the alcohol setpoint from driving.
"Service" means to install, calibrate, maintain, repair, remove, and otherwise perform work on a BAIID to ensure its proper performance.
"Service center" means a facility where BAIIDS certified under 13:19-6.7 are serviced.
"Tampering" means an overt, conscious attempt to physically disable or otherwise disconnect a BAIID from its power source and thereby allow a person with a BrAC above the setpoint to start the engine.
"Utility feature" means any specification related to insuring that the BAIID will function reliably and not interfere with driving by operators whose BrAC is below the alcohol setpoint.
HISTORY:
Amended by R.2005 d.47, effective February 7, 2005.
See: 36 New Jersey Register 4005(a), 37 New Jersey Register 505(a).
Added "Chief Administrator" and "Motor Vehicle Commission"; deleted "Director" and "Division".
Chapter Notes
§ 13:19-6.1 Purpose and scope ignition interlock devic
§ 13:19-6.1 Purpose and scope ignition interlock devices
(a) The purpose of this subchapter is to regulate the installation and use of ignition interlock devices ordered by the court to be installed pursuant to N.J.S.A. 39:4-50.16 et seq.
(b) This subchapter establishes procedures and requirements for the certification of breath alcohol ignition interlock devices (BAIIDs) and for the designation of approved BAIID service centers by the Chief Administrator of the Motor Vehicle Commission.
(c) This subchapter governs manufacturers and service centers of BAIIDs certified by the Chief Administrator.
(d) This subchapter establishes procedures and requirements for the provision of certified BAIIDs at reduced rates to persons who qualify as indigent.
HISTORY:
Amended by R.2005 d.47, effective February 7, 2005.
See: 36 New Jersey Register 4005(a), 37 New Jersey Register 505(a).
In (b), substituted "Chief Administrator of the Motor Vehicle Commission" for "Director of the Division of Motor Vehicle Services"; in (c), substituted "Chief Administrator" for "Director".
(a) The purpose of this subchapter is to regulate the installation and use of ignition interlock devices ordered by the court to be installed pursuant to N.J.S.A. 39:4-50.16 et seq.
(b) This subchapter establishes procedures and requirements for the certification of breath alcohol ignition interlock devices (BAIIDs) and for the designation of approved BAIID service centers by the Chief Administrator of the Motor Vehicle Commission.
(c) This subchapter governs manufacturers and service centers of BAIIDs certified by the Chief Administrator.
(d) This subchapter establishes procedures and requirements for the provision of certified BAIIDs at reduced rates to persons who qualify as indigent.
HISTORY:
Amended by R.2005 d.47, effective February 7, 2005.
See: 36 New Jersey Register 4005(a), 37 New Jersey Register 505(a).
In (b), substituted "Chief Administrator of the Motor Vehicle Commission" for "Director of the Division of Motor Vehicle Services"; in (c), substituted "Chief Administrator" for "Director".
Saturday, March 13, 2010
2C:34-1.1 Loitering for the purpose of engaging in prostitution
2C:34-1.1 Loitering for the purpose of engaging in prostitution
3. Loitering for the purpose of engaging in prostitution. a. As used in this section, "public place" means any place to which the public has access, including but not limited to any public street, sidewalk, bridge, alley, plaza, park, boardwalk, driveway, parking lot or transportation facility, public library or the doorways and entrance ways to any building which fronts on any of the aforesaid places, or a motor vehicle in or on any such place.
b. A person commits a disorderly persons offense if he:
(1) wanders, remains or prowls in a public place with the purpose of engaging in prostitution or promoting prostitution as defined in N.J.S.2C:34-1; and
(2) engages in conduct that, under the circumstances, manifests a purpose to engage in prostitution or promoting prostitution as defined in N.J.S.2C:34-1.
c. Conduct that may, where warranted under the circumstances, be deemed adequate to manifest a purpose to engage in prostitution or promoting prostitution includes, but is not limited to, conduct such as the following:
(1) Repeatedly beckoning to or stopping pedestrians or motorists in a public place;
(2) Repeatedly attempting to stop, or repeatedly attempting to engage passers-by in conversation;
(3) Repeatedly stopping or attempting to stop motor vehicles.
d. The element described in paragraph (1) of subsection b. of this section may not be established solely by proof that the actor engaged in the conduct that is used to satisfy the element described in paragraph (2) of subsection b. of this section.
L.1997,c.93,s.3.
3. Loitering for the purpose of engaging in prostitution. a. As used in this section, "public place" means any place to which the public has access, including but not limited to any public street, sidewalk, bridge, alley, plaza, park, boardwalk, driveway, parking lot or transportation facility, public library or the doorways and entrance ways to any building which fronts on any of the aforesaid places, or a motor vehicle in or on any such place.
b. A person commits a disorderly persons offense if he:
(1) wanders, remains or prowls in a public place with the purpose of engaging in prostitution or promoting prostitution as defined in N.J.S.2C:34-1; and
(2) engages in conduct that, under the circumstances, manifests a purpose to engage in prostitution or promoting prostitution as defined in N.J.S.2C:34-1.
c. Conduct that may, where warranted under the circumstances, be deemed adequate to manifest a purpose to engage in prostitution or promoting prostitution includes, but is not limited to, conduct such as the following:
(1) Repeatedly beckoning to or stopping pedestrians or motorists in a public place;
(2) Repeatedly attempting to stop, or repeatedly attempting to engage passers-by in conversation;
(3) Repeatedly stopping or attempting to stop motor vehicles.
d. The element described in paragraph (1) of subsection b. of this section may not be established solely by proof that the actor engaged in the conduct that is used to satisfy the element described in paragraph (2) of subsection b. of this section.
L.1997,c.93,s.3.
Thursday, March 11, 2010
2B:12-23.1 Penalties payable in installments; alternative penalties.
2B:12-23.1 Penalties payable in installments; alternative penalties.
1. a. Notwithstanding any other provision of law to the contrary, if a municipal court finds that a person does not have the ability to pay a penalty in full on the date of the hearing or has failed to pay a previously imposed penalty, the court may order the payment of the penalty in installments for a period of time determined by the court. If a person defaults on any payment and a municipal court finds that the defendant does not have the ability to pay, the court may:
(1)reduce the penalty, suspend the penalty, or modify the installment plan;
(2)order that credit be given against the amount owed for each day of confinement, if the court finds that the person has served jail time for the default;
(3)revoke any unpaid portion of the penalty, if the court finds that the circumstances that warranted the imposition have changed or that it would be unjust to require payment;
(4)order the person to perform community service in lieu of payment of the penalty; or
(5)impose any other alternative permitted by law in lieu of payment of the penalty.
b.For the purposes of this section, "penalty" means any fine, statutorily-mandated assessment, surcharge or other financial penalty imposed by a municipal court, except restitution or a surcharge assessed pursuant to subsection f. of section 1 of P.L.2000, c.75 (C.39:4-97.2)
1. a. Notwithstanding any other provision of law to the contrary, if a municipal court finds that a person does not have the ability to pay a penalty in full on the date of the hearing or has failed to pay a previously imposed penalty, the court may order the payment of the penalty in installments for a period of time determined by the court. If a person defaults on any payment and a municipal court finds that the defendant does not have the ability to pay, the court may:
(1)reduce the penalty, suspend the penalty, or modify the installment plan;
(2)order that credit be given against the amount owed for each day of confinement, if the court finds that the person has served jail time for the default;
(3)revoke any unpaid portion of the penalty, if the court finds that the circumstances that warranted the imposition have changed or that it would be unjust to require payment;
(4)order the person to perform community service in lieu of payment of the penalty; or
(5)impose any other alternative permitted by law in lieu of payment of the penalty.
b.For the purposes of this section, "penalty" means any fine, statutorily-mandated assessment, surcharge or other financial penalty imposed by a municipal court, except restitution or a surcharge assessed pursuant to subsection f. of section 1 of P.L.2000, c.75 (C.39:4-97.2)
Wednesday, March 3, 2010
2C:29-9. Contempt
2C:29-9. Contempt. a. A person is guilty of a crime of the fourth degree if he purposely or knowingly disobeys a judicial order or protective order, pursuant to section 1 of P.L.1985, c.250 (C.2C:28-5.1), or hinders, obstructs or impedes the effectuation of a judicial order or the exercise of jurisdiction over any person, thing or controversy by a court, administrative body or investigative entity.
b.Except as provided below, a person is guilty of a crime of the fourth degree if that person purposely or knowingly violates any provision in an order entered under the provisions of the "Prevention of Domestic Violence Act of 1991," P.L.1991, c.261 (C.2C:25-17 et al.) or an order entered under the provisions of a substantially similar statute under the laws of another state or the United States when the conduct which constitutes the violation could also constitute a crime or a disorderly persons offense. In all other cases a person is guilty of a disorderly persons offense if that person knowingly violates an order entered under the provisions of this act or an order entered under the provisions of a substantially similar statute under the laws of another state or the United States. Orders entered pursuant to paragraphs (3), (4), (5), (8) and (9) of subsection b. of section 13 of P.L.1991, c.261 (C.2C:25-29) or substantially similar orders entered under the laws of another state or the United States shall be excluded from the provisions of this subsection.
As used in this subsection, "state" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. The term includes an Indian tribe or band, or Alaskan native village, which is recognized by a federal law or formally acknowledged by a state.
b.Except as provided below, a person is guilty of a crime of the fourth degree if that person purposely or knowingly violates any provision in an order entered under the provisions of the "Prevention of Domestic Violence Act of 1991," P.L.1991, c.261 (C.2C:25-17 et al.) or an order entered under the provisions of a substantially similar statute under the laws of another state or the United States when the conduct which constitutes the violation could also constitute a crime or a disorderly persons offense. In all other cases a person is guilty of a disorderly persons offense if that person knowingly violates an order entered under the provisions of this act or an order entered under the provisions of a substantially similar statute under the laws of another state or the United States. Orders entered pursuant to paragraphs (3), (4), (5), (8) and (9) of subsection b. of section 13 of P.L.1991, c.261 (C.2C:25-29) or substantially similar orders entered under the laws of another state or the United States shall be excluded from the provisions of this subsection.
As used in this subsection, "state" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. The term includes an Indian tribe or band, or Alaskan native village, which is recognized by a federal law or formally acknowledged by a state.
2C:29-3 Hindering apprehension or prosecution.
2C:29-3. Hindering Apprehension or Prosecution. a. A person commits an offense if, with purpose to hinder the detention, apprehension, investigation, prosecution, conviction or punishment of another for an offense or violation of Title 39 of the Revised Statutes or a violation of chapter 33A of Title 17 of the Revised Statutes he:
(1)Harbors or conceals the other;
(2)Provides or aids in providing a weapon, money, transportation, disguise or other means of avoiding discovery or apprehension or effecting escape;
(3)Suppresses, by way of concealment or destruction, any evidence of the crime, or tampers with a witness, informant, document or other source of information, regardless of its admissibility in evidence, which might aid in the discovery or apprehension of such person or in the lodging of a charge against him;
(4)Warns the other of impending discovery or apprehension, except that this paragraph does not apply to a warning given in connection with an effort to bring another into compliance with law;
(5)Prevents or obstructs, by means of force, intimidation or deception, anyone from performing an act which might aid in the discovery or apprehension of such person or in the lodging of a charge against him;
(6)Aids such person to protect or expeditiously profit from an advantage derived from such crime; or
(7)Gives false information to a law enforcement officer or a civil State investigator assigned to the Office of the Insurance Fraud Prosecutor established by section 32 of P.L.1998, c.21 (C.17:33A-16).
An offense under paragraph (5) of subsection a. of this section is a crime of the second degree, unless the actor is a spouse, domestic partner, partner in a civil union, parent or child to the person aided who is the victim of the offense, in which case the offense is a crime of the fourth degree. Otherwise, the offense is a crime of the third degree if the conduct which the actor knows has been charged or is liable to be charged against the person aided would constitute a crime of the second degree or greater, unless the actor is a spouse, domestic partner, partner in a civil union, parent or child of the person aided, in which case the offense is a crime of the fourth degree. The offense is a crime of the fourth degree if such conduct would constitute a crime of the third degree. Otherwise it is a disorderly persons offense.
b.A person commits an offense if, with purpose to hinder his own detention, apprehension, investigation, prosecution, conviction or punishment for an offense or violation of Title 39 of the Revised Statutes or a violation of chapter 33A of Title 17 of the Revised Statutes, he:
(1)Suppresses, by way of concealment or destruction, any evidence of the crime or tampers with a document or other source of information, regardless of its admissibility in evidence, which might aid in his discovery or apprehension or in the lodging of a charge against him; or
(2)Prevents or obstructs by means of force or intimidation anyone from performing an act which might aid in his discovery or apprehension or in the lodging of a charge against him; or
(3)Prevents or obstructs by means of force, intimidation or deception any witness or informant from providing testimony or information, regardless of its admissibility, which might aid in his discovery or apprehension or in the lodging of a charge against him; or
(4)Gives false information to a law enforcement officer or a civil State investigator assigned to the Office of the Insurance Fraud Prosecutor established by section 32 of P.L.1998, c.21 (C.17:33A-16).
An offense under paragraph (3) of subsection b. of this section is a crime of the second degree. Otherwise, the offense is a crime of the third degree if the conduct which the actor knows has been charged or is liable to be charged against him would constitute a crime of the second degree or greater. The offense is a crime of the fourth degree if such conduct would constitute a crime of the third degree. Otherwise it is a disorderly persons offense.
(1)Harbors or conceals the other;
(2)Provides or aids in providing a weapon, money, transportation, disguise or other means of avoiding discovery or apprehension or effecting escape;
(3)Suppresses, by way of concealment or destruction, any evidence of the crime, or tampers with a witness, informant, document or other source of information, regardless of its admissibility in evidence, which might aid in the discovery or apprehension of such person or in the lodging of a charge against him;
(4)Warns the other of impending discovery or apprehension, except that this paragraph does not apply to a warning given in connection with an effort to bring another into compliance with law;
(5)Prevents or obstructs, by means of force, intimidation or deception, anyone from performing an act which might aid in the discovery or apprehension of such person or in the lodging of a charge against him;
(6)Aids such person to protect or expeditiously profit from an advantage derived from such crime; or
(7)Gives false information to a law enforcement officer or a civil State investigator assigned to the Office of the Insurance Fraud Prosecutor established by section 32 of P.L.1998, c.21 (C.17:33A-16).
An offense under paragraph (5) of subsection a. of this section is a crime of the second degree, unless the actor is a spouse, domestic partner, partner in a civil union, parent or child to the person aided who is the victim of the offense, in which case the offense is a crime of the fourth degree. Otherwise, the offense is a crime of the third degree if the conduct which the actor knows has been charged or is liable to be charged against the person aided would constitute a crime of the second degree or greater, unless the actor is a spouse, domestic partner, partner in a civil union, parent or child of the person aided, in which case the offense is a crime of the fourth degree. The offense is a crime of the fourth degree if such conduct would constitute a crime of the third degree. Otherwise it is a disorderly persons offense.
b.A person commits an offense if, with purpose to hinder his own detention, apprehension, investigation, prosecution, conviction or punishment for an offense or violation of Title 39 of the Revised Statutes or a violation of chapter 33A of Title 17 of the Revised Statutes, he:
(1)Suppresses, by way of concealment or destruction, any evidence of the crime or tampers with a document or other source of information, regardless of its admissibility in evidence, which might aid in his discovery or apprehension or in the lodging of a charge against him; or
(2)Prevents or obstructs by means of force or intimidation anyone from performing an act which might aid in his discovery or apprehension or in the lodging of a charge against him; or
(3)Prevents or obstructs by means of force, intimidation or deception any witness or informant from providing testimony or information, regardless of its admissibility, which might aid in his discovery or apprehension or in the lodging of a charge against him; or
(4)Gives false information to a law enforcement officer or a civil State investigator assigned to the Office of the Insurance Fraud Prosecutor established by section 32 of P.L.1998, c.21 (C.17:33A-16).
An offense under paragraph (3) of subsection b. of this section is a crime of the second degree. Otherwise, the offense is a crime of the third degree if the conduct which the actor knows has been charged or is liable to be charged against him would constitute a crime of the second degree or greater. The offense is a crime of the fourth degree if such conduct would constitute a crime of the third degree. Otherwise it is a disorderly persons offense.
2C:29-2. Resisting arrest, eluding officer
2C:29-2. Resisting Arrest; Eluding Officer. a. (1) Except as provided in paragraph (3), a person is guilty of a disorderly persons offense if he purposely prevents or attempts to prevent a law enforcement officer from effecting an arrest. (2) Except as provided in paragraph (3), a person is guilty of a crime of the fourth degree if he, by flight, purposely prevents or attempts to prevent a law enforcement officer from effecting an arrest. (3) An offense under paragraph (1) or (2) of subsection a. is a crime of the third degree if the person:
(a)Uses or threatens to use physical force or violence against the law enforcement officer or another; or
(b)Uses any other means to create a substantial risk of causing physical injury to the public servant or another.
It is not a defense to a prosecution under this subsection that the law enforcement officer was acting unlawfully in making the arrest, provided he was acting under color of his official authority and provided the law enforcement officer announces his intention to arrest prior to the resistance.
b.Any person, while operating a motor vehicle on any street or highway in this State or any vessel, as defined pursuant to section 2 of P.L.1995, c.401 (C.12:7-71), on the waters of this State, who knowingly flees or attempts to elude any police or law enforcement officer after having received any signal from such officer to bring the vehicle or vessel to a full stop commits a crime of the third degree; except that, a person is guilty of a crime of the second degree if the flight or attempt to elude creates a risk of death or injury to any person. For purposes of this subsection, there shall be a permissive inference that the flight or attempt to elude creates a risk of death or injury to any person if the person's conduct involves a violation of chapter 4 of Title 39 or chapter 7 of Title 12 of the Revised Statutes. In addition to the penalty prescribed under this subsection or any other section of law, the court shall order the suspension of that person's driver's license, or privilege to operate a vessel, whichever is appropriate, for a period of not less than six months or more than two years.
In the case of a person who is at the time of the imposition of sentence less than 17 years of age, the period of the suspension of driving privileges authorized herein, including a suspension of the privilege of operating a motorized bicycle, shall commence on the day the sentence is imposed and shall run for a period as fixed by the court. If the driving or vessel operating privilege of any person is under revocation, suspension, or postponement for a violation of any provision of this Title or Title 39 of the Revised Statutes at the time of any conviction or adjudication of delinquency for a violation of any offense defined in this chapter or chapter 36 of this Title, the revocation, suspension, or postponement period imposed herein shall commence as of the date of termination of the existing revocation, suspension, or postponement.
Upon conviction the court shall collect forthwith the New Jersey driver's licenses of the person and forward such license or licenses to the Director of the Division of Motor Vehicles along with a report indicating the first and last day of the suspension or postponement period imposed by the court pursuant to this section. If the court is for any reason unable to collect the license or licenses of the person, the court shall cause a report of the conviction or adjudication of delinquency to be filed with the director. That report shall include the complete name, address, date of birth, eye color, and sex of the person and shall indicate the first and last day of the suspension or postponement period imposed by the court pursuant to this section. The court shall inform the person orally and in writing that if the person is convicted of personally operating a motor vehicle or a vessel, whichever is appropriate, during the period of license suspension or postponement imposed pursuant to this section the person shall, upon conviction, be subject to the penalties set forth in R.S.39:3-40 or section 14 of P.L.1995, c.401 (C.12:7-83), whichever is appropriate. A person shall be required to acknowledge receipt of the written notice in writing. Failure to receive a written notice or failure to acknowledge in writing the receipt of a written notice shall not be a defense to a subsequent charge of violation of R.S.39:3-40 or section 14 of P.L.1995, c.401 (C.12:7-83), whichever is appropriate. If the person is the holder of a driver's or vessel operator's license from another jurisdiction, the court shall not collect the license but shall notify the director who shall notify the appropriate officials in the licensing jurisdiction. The court shall, however, in accordance with the provisions of this section, revoke the person's non-resident driving or vessel operating privileges, whichever is appropriate, in this State.
For the purposes of this subsection, it shall be a rebuttable presumption that the owner of a vehicle or vessel was the operator of the vehicle or vessel at the time of the offense.
(a)Uses or threatens to use physical force or violence against the law enforcement officer or another; or
(b)Uses any other means to create a substantial risk of causing physical injury to the public servant or another.
It is not a defense to a prosecution under this subsection that the law enforcement officer was acting unlawfully in making the arrest, provided he was acting under color of his official authority and provided the law enforcement officer announces his intention to arrest prior to the resistance.
b.Any person, while operating a motor vehicle on any street or highway in this State or any vessel, as defined pursuant to section 2 of P.L.1995, c.401 (C.12:7-71), on the waters of this State, who knowingly flees or attempts to elude any police or law enforcement officer after having received any signal from such officer to bring the vehicle or vessel to a full stop commits a crime of the third degree; except that, a person is guilty of a crime of the second degree if the flight or attempt to elude creates a risk of death or injury to any person. For purposes of this subsection, there shall be a permissive inference that the flight or attempt to elude creates a risk of death or injury to any person if the person's conduct involves a violation of chapter 4 of Title 39 or chapter 7 of Title 12 of the Revised Statutes. In addition to the penalty prescribed under this subsection or any other section of law, the court shall order the suspension of that person's driver's license, or privilege to operate a vessel, whichever is appropriate, for a period of not less than six months or more than two years.
In the case of a person who is at the time of the imposition of sentence less than 17 years of age, the period of the suspension of driving privileges authorized herein, including a suspension of the privilege of operating a motorized bicycle, shall commence on the day the sentence is imposed and shall run for a period as fixed by the court. If the driving or vessel operating privilege of any person is under revocation, suspension, or postponement for a violation of any provision of this Title or Title 39 of the Revised Statutes at the time of any conviction or adjudication of delinquency for a violation of any offense defined in this chapter or chapter 36 of this Title, the revocation, suspension, or postponement period imposed herein shall commence as of the date of termination of the existing revocation, suspension, or postponement.
Upon conviction the court shall collect forthwith the New Jersey driver's licenses of the person and forward such license or licenses to the Director of the Division of Motor Vehicles along with a report indicating the first and last day of the suspension or postponement period imposed by the court pursuant to this section. If the court is for any reason unable to collect the license or licenses of the person, the court shall cause a report of the conviction or adjudication of delinquency to be filed with the director. That report shall include the complete name, address, date of birth, eye color, and sex of the person and shall indicate the first and last day of the suspension or postponement period imposed by the court pursuant to this section. The court shall inform the person orally and in writing that if the person is convicted of personally operating a motor vehicle or a vessel, whichever is appropriate, during the period of license suspension or postponement imposed pursuant to this section the person shall, upon conviction, be subject to the penalties set forth in R.S.39:3-40 or section 14 of P.L.1995, c.401 (C.12:7-83), whichever is appropriate. A person shall be required to acknowledge receipt of the written notice in writing. Failure to receive a written notice or failure to acknowledge in writing the receipt of a written notice shall not be a defense to a subsequent charge of violation of R.S.39:3-40 or section 14 of P.L.1995, c.401 (C.12:7-83), whichever is appropriate. If the person is the holder of a driver's or vessel operator's license from another jurisdiction, the court shall not collect the license but shall notify the director who shall notify the appropriate officials in the licensing jurisdiction. The court shall, however, in accordance with the provisions of this section, revoke the person's non-resident driving or vessel operating privileges, whichever is appropriate, in this State.
For the purposes of this subsection, it shall be a rebuttable presumption that the owner of a vehicle or vessel was the operator of the vehicle or vessel at the time of the offense.
2C:29-1. Obstructing administration of law or other governmental function
2C:29-1. Obstructing Administration of Law or Other Governmental Function. a. A person commits an offense if he purposely obstructs, impairs or perverts the administration of law or other governmental function or prevents or attempts to prevent a public servant from lawfully performing an official function by means of flight, intimidation, force, violence, or physical interference or obstacle, or by means of any independently unlawful act. This section does not apply to failure to perform a legal duty other than an official duty, or any other means of avoiding compliance with law without affirmative interference with governmental functions.
b.An offense under this section is a crime of the fourth degree if the actor obstructs the detection or investigation of a crime or the prosecution of a person for a crime, otherwise it is a disorderly persons offense.
b.An offense under this section is a crime of the fourth degree if the actor obstructs the detection or investigation of a crime or the prosecution of a person for a crime, otherwise it is a disorderly persons offense.
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