New Jersey S 2043: Prohibits State-sponsored travel to certain states without protections against discrimination based on sex, gender identity or expression, and affectional or sexual orientation.*

Bill Text

S2043 

SENATE, No. 2043 

STATE OF NEW JERSEY

222nd LEGISLATURE

� 

PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION

Sponsored by:

Senator VINCENT J. POLISTINA

District 2 (Atlantic)

Senator BRIAN P. STACK

District 33 (Hudson)

Co-Sponsored by:

Senators Diegnan, McKnight, Corrado and Bramnick

SYNOPSIS

���� Concerns pretrial and post-trial considerations for 
certain crimes involving operation of vehicles, including rebuttable 
presumption for pretrial detention, pretrial recommendation of no release from 
detention, suspension or revocation of license, and vehicle forfeiture.

CURRENT VERSION OF TEXT 

���� Introduced Pending Technical Review by Legislative 
Counsel.

��

An Act concerning pretrial and post-trial considerations for certain 
crimes involving the operation of vehicles and amending N.J.S.2C:11-5, 
P.L.2017, c.165, and P.L.2014, c.31.

���� Be It 
Enacted by the Senate and General Assembly of 
the State of New Jersey:

���� 1.���� N.J.S.2C:11-5 is 
amended to read as follows:

���� 2C:11-5.���� Death by auto or 
vessel. 

���� a.���� Criminal homicide 
constitutes reckless vehicular homicide when it is caused by driving a vehicle 
or vessel recklessly. 

���� Proof that the defendant fell 
asleep while driving or was driving after having been without sleep for a 
period in excess of 24 consecutive hours may give rise to an inference that the 
defendant was driving recklessly.� Proof that the defendant was driving while 
intoxicated in violation of R.S.39:4-50 or was operating a vessel under the 
influence of alcohol or drugs in violation of section 3 of P.L.1952, c.157 
(C.12:7-46) shall give rise to an inference that the defendant was driving 
recklessly. Proof that the defendant was operating a hand-held wireless 
telephone while driving a motor vehicle in violation of section 1 of P.L.2003, 
c.310 (C.39:4-97.3) may give rise to an inference that the defendant was 
driving recklessly. Proof that the defendant failed to maintain a lane in 
violation of R.S.39:4-88 may give rise to an inference that the defendant was 
driving recklessly.� Nothing in this section shall be construed to in any way 
limit the conduct or conditions that may be found to constitute driving a vehicle 
or vessel recklessly. 

���� b.��� Except as provided in 
paragraphs (3) and (5) of this subsection, reckless vehicular homicide is a 
crime of the second degree.

���� (1)�� If the defendant was 
operating the auto or vessel while under the influence of any intoxicating 
liquor, narcotic, hallucinogenic or habit-producing drug, or with a blood 
alcohol concentration at or above the prohibited level as prescribed in 
R.S.39:4-50, or if the defendant was operating the auto or vessel while his 
driver's license or reciprocity privilege was suspended or revoked for any 
violation of R.S.39:4-50, section 2 of P.L.1981, c.512 (C.39:4-50.4a), by the 
Chief Administrator of the New Jersey Motor Vehicle Commission pursuant to 
P.L.1982, c.85 (C.39:5-30a et seq.), or by the court for a violation of 
R.S.39:4-96, the defendant shall be sentenced to a term of imprisonment by the 
court.� The term of imprisonment shall include the imposition of a minimum 
term.� The minimum term shall be fixed at, or between, one-third and one-half 
of the sentence imposed by the court or three years, whichever is greater, 
during which the defendant shall be ineligible for parole. 

���� (2)�� The court shall not 
impose a mandatory sentence pursuant to paragraph (1) of this subsection unless 
the grounds therefor have been established at a hearing.� At the hearing, which 
may occur at the time of sentencing, the prosecutor shall establish by a preponderance 
of the evidence that the defendant was operating the auto or vessel while under 
the influence of any intoxicating liquor, narcotic, hallucinogenic or 
habit-producing drug, or with a blood alcohol concentration at or above the 
level prescribed in R.S.39:4-50 or that the defendant was operating the auto or 
vessel while his driver's license or reciprocity privilege was suspended or 
revoked for any violation of R.S.39:4-50, section 2 of P.L.1981, c.512 
(C.39:4-50.4a), by the Chief Administrator of the New Jersey Motor Vehicle 
Commission pursuant to P.L.1982, c.85 (C.39:5-30a et seq.), or by the court for 
a violation of R.S.39:4-96.� In making its findings, the court shall take 
judicial notice of any evidence, testimony or information adduced at the trial, 
plea hearing, or other court proceedings and shall also consider the 
presentence report and any other relevant information.

���� (3)�� Reckless vehicular 
homicide is a crime of the first degree if the defendant was operating the auto 
or vessel while in violation of R.S.39:4-50 or section 2 of P.L.1981, c.512 
(C.39:4-50.4a) while:

���� (a)�� on any school property 
used for school purposes which is owned by or leased to any elementary or 
secondary school or school board, or within 1,000 feet of such school property;

���� (