March 12, 2007 - 4:19pm
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Assembly Democrats

Assembly Democrats News Release

BILL TOUGHENING PENALTIES FOR FATAL HIT-AND-RUN ACCIDENTS PASSES SENATE

(TRENTON) - The Senate today passed legislation Assemblymen Jeff Van Drew, Neil M. Cohen, Peter J. Barnes, Jr., and Nelson T. Albano sponsored to impose tougher penalties on motorists who kill or injure people in hit-and-run accidents.

The legislation, to be known as "Skinner's and Michelle's Law," memorializes Lawrence R. Skinner, Sr., and Michelle Margaritonda, both of whom were killed by drivers who fled accident scenes.

"Hit-and-run accidents are the result of cowardly or indifferent drivers who make a conscious decision to run away rather than face the consequences of their actions," said Van Drew (D-Cape May). "Imposing stiffer penalties will send a clear message to these types of motorists:  we will no longer tolerate your carelessness and selfishness."

Currently, any hit-and-run involving a fatality is considered a third-degree crime - punishable by up to five years in prison and $15,000 in fines.  Any hit-and-run involving serious injury is considered a fourth-degree crime and is punishable by up to 18 months in prison and $10,000 in fines.

The measure (A-1038) would apply to any driver who flees the scene after being involved in a motor-vehicle accident that results in the death or serious injury of another person.  Fleeing the scene of an accident in which a person is killed would be upgraded to a second-degree crime and would be punishable by up to 10 years in jail and $150,000 in fines.  Fleeing the scene of an accident in which a person is seriously injured would be upgraded to a third-degree crime and would be punishable by up to five years in jail and $15,000 in fines.

"We have a responsibility as legislators to bring uncaring drivers to justice and to give a modicum of peace to grieving families," said Cohen (D-Union). "The difficult transition involved with losing a loved one is hard enough.  The failure to administer justice only compounds the pain."

"New Jersey motorists need to know that we will not tolerate the irresponsibility and cowardice associated with fleeing the scene of an accident," said Barnes (D-Middlesex), the chairman of the Assembly Law and Public Safety Committee and a former police commissioner.  "We must send these drivers a message - we will find you, we will catch you, and we will punish you."

"Although fleeing the scene of an accident is already illegal, many drivers still choose to do so in the hopes that they can escape reprisal," said Albano (D-Cumberland).  "Toughening the penalties associated with fatal and near-fatal hit-and-run accidents will likely force motorists to stay and face their actions, rather than trying to dodge the bullet."

The measure passed 37 to 0.  It now heads to the Governor, who may sign it into law, veto it, or modify it in the form of a conditional veto.

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JAMES SVERAPA IV can be reached via email at jsverapa@njleg.org.