Daniel Kearney's Law establishes stricter criminal penalties for individuals who operate a vehicle in violation of probationary driver's license restrictions, particularly in cases that result in death or injury. The bill amends N.J.S.2C:11-5 to classify vehicular homicide as a second-degree crime if the driver is at fault for a fatal accident while violating specific licensing laws. It also introduces a provision that defines vehicular homicide as a second-degree crime if the driver has a suspended or revoked license at the time of the accident. Additionally, the bill modifies existing definitions and penalties related to reckless vehicular homicide and assault by auto or vessel, allowing for escalated charges based on the circumstances of the offense.
The legislation further specifies that assault by auto can be charged if serious or bodily injury results from violations of probationary license restrictions, with penalties varying based on the severity of the injury. It categorizes assault by auto as a fourth-degree crime for serious bodily injury and a disorderly persons offense for bodily injury. The bill also imposes restrictions on drivers under 21 with probationary licenses, limiting the number of passengers and prohibiting driving during late-night hours unless accompanied by a parent or guardian. Overall, the bill aims to enhance road safety and accountability among young drivers, particularly in response to the tragic incident involving Daniel Kearney.