This bill amends the current law regarding strict liability vehicular homicide by upgrading it from a third-degree crime to a second-degree crime. The bill specifies that strict liability vehicular homicide occurs when a death is caused by driving a vehicle while intoxicated or operating a vessel under the influence of alcohol or drugs. The new legal language clarifies that the presumption of nonimprisonment does not apply to this offense, and it establishes that the causal relationship between the defendant's actions and the resulting death is defined by specific criteria outlined in the bill.

By elevating strict liability vehicular homicide to a second-degree crime, the bill aligns its penalties with those for other serious offenses, such as reckless vehicular homicide and leaving the scene of an accident that results in death. The penalties for a second-degree crime include five to ten years of imprisonment and fines up to $150,000, compared to the penalties for a third-degree crime, which are three to five years of imprisonment and fines up to $15,000. This change aims to enhance accountability for individuals who cause fatalities while operating vehicles or vessels under the influence.

Statutes affected:
Introduced: 2C:11-5.3