CHAPTER 333
AN ACT concerning the operation of a motor vehicle with a suspended driver’s license and supplementing Title 2C of the New Jersey Statutes.
BE IT ENACTED by the Senate and General Assembly of the State of New Jersey:
C.2C:40-26 Operating motor vehicle during period of license suspension, fourth degree crime.
1. a. It shall be a crime of the fourth degree to operate a motor vehicle during the period of license suspension in violation of R.S.39:3-40, if the actor’s license was suspended or revoked for a first violation of R.S.39:4-50 or section 2 of P.L.1981, c.512 (C.39:4-50.4a) and the actor had previously been convicted of violating R.S.39:3-40 while under suspension for that first offense. A person convicted of an offense under this subsection shall be sentenced by the court to a term of imprisonment.
b. It shall be a crime of the fourth degree to operate a motor vehicle during the period of license suspension in violation of R.S.39:3-40, if the actor’s license was suspended or revoked for a second or subsequent violation of R.S.39:4-50 or section 2 of P.L.1981, c.512 (C.39:4-50.4a). A person convicted of an offense under this subsection shall be sentenced by the court to a term of imprisonment.
c. Notwithstanding the term of imprisonment provided under N.J.S.2C:43-6 and the provisions of subsection e. of N.J.S.2C:44-1, if a person is convicted of a crime under this section the sentence imposed shall include a fixed minimum sentence of not less than 180 days during which the defendant shall not be eligible for parole.
2. This act shall take effect on the first day of the nineteenth month after enactment; provided however, the Chief Administrator of the New Jersey Motor Vehicle Commission may take any anticipatory administrative action prior to the effective date necessary for its timely implementation.
Approved January 18, 2010. Effective August 1, 2011
