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Bill

A 4097

Increases penalty for reckless vehicular homicide committed when driving while intoxicated under certain circumstances.

2026-2027 Regular Session Introduced by Wayne DeAngelo and 1 co-sponsor

In highway construction zones and designated safe corridors, reckless vehicular homicide involving intoxication upgrades to first-degree with stricter penalties.

Introduced, Referred to Assembly Judiciary Committee
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Bill Summary · A 4097

Summary of New Jersey Bill A-4097 (Session 222)

Purpose and Intent

  • This bill increases the penalties for reckless vehicular homicide when the driver is intoxicated and the incident occurs in specific high-risk roadway environments.
  • It expands the existing framework that already elevates culpability in school zones to also cover designated highway construction/repair areas and safe corridors.

Key Provisions and Changes

  • Current law baseline (unchanged text in concept): Reckless vehicular homicide generally constitutes a second-degree crime, with a potential downgrade to a third-degree crime if the offender can prove the only reckless behavior was failing to maintain a lane. Increases to first-degree status occur in certain circumstances (e.g., school zones or near school properties when intoxication is involved).

  • New penalties in construction and safe corridor areas:

    • The bill adds a first-degree upgrade for reckless vehicular homicide when the driver was intoxicated (or refused a sobriety test) and the incident occurred within:
    • An area of highway construction or repair, or
    • A designated safe corridor.
    • This aligns these environments with the elevated risk recognized in school-zone scenarios.

  • Definitions and facilitating provisions:

    • The bill relies on existing statutory definitions:
    • “Area of highway construction or repair” defined as the highway segment identified by posted construction-related signs from the first informing device to the last device indicating restrictions are removed.
    • “Safe corridor” defined as a highway segment designated by the Commissioner of Transportation based on safety criteria (e.g., accident rates, fatalities, traffic volume).
    • It preserves the other previously established criteria for aggravated enforcement and sentencing, including minimum terms for intoxication-related offenses and potential forfeiture provisions.

  • Sentencing framework (highlights):

    • First-degree penalty ranges: 10 to 20 years' imprisonment, fines up to $200,000, or both.
    • Compared to other degrees (second/third), the bill preserves the option for enhanced punishment when intoxication is involved within the newly defined zones.

  • Procedural aspects:

    • For mandatory sentences under the new tier, the prosecution must prove intoxication-related elements at a hearing by a preponderance of the evidence (which may occur at sentencing).
    • Affected defendants may face enhanced ineligibility for parole during the minimum term.

  • Effective date: The act takes effect immediately upon enactment.

Who Is Affected

  • Individuals charged with reckless vehicular homicide in New Jersey.
  • Particularly affects cases where the crash occurs within:
    • Highway construction or repair zones, or
    • Designated safe corridors.
  • Children/juveniles and other protected contexts are addressed in related provisions (e.g., school zones), but the primary expansion targets construction/safe corridor areas.

Significance and Impact

  • Creates parity in penalty enhancement between school-zone contexts and high-risk roadway segments (construction zones and safe corridors) when intoxication is involved.
  • Aims to deter driving while intoxicated in high-risk infrastructure and traffic environments by imposing stiffer consequences.
  • Maintains a structured, evidentiary process for imposing mandatory terms, ensuring due process at a sentencing hearing.

Compiled from official sources — confirm details with the bill’s official record.

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