New Jersey § 2c:11-5

§ 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; (b) driving through a school crossing as defined in R.S.39:1-1 if the municipality, by ordinance or resolution, has designated the school crossing

as such; or (c) driving through a school crossing as defined in R.S.39:1-1 knowing that juveniles are present if the municipality has not designated the school

crossing as such by ordinance or resolution. A map or true copy of a map depicting the location and boundaries of the area on or

within 1,000 feet of any property used for school purposes which is owned by or leased

to any elementary or secondary school or school board produced pursuant to section

1 of P.L.1987, c. 101 ( C.2C:35-7 ) may be used in a prosecution under subparagraph (a) of this paragraph. It shall be no defense to a prosecution for a violation of subparagraph (a) or (b)

of this paragraph that the defendant was unaware that the prohibited conduct took

place while on or within 1,000 feet of any school property or while driving through

a school crossing. Nor shall it be a defense to a prosecution under subparagraph (a) or (b) of this

paragraph that no juveniles were present on the school property or crossing zone at

the time of the offense or that the school was not in session. (4) If the defendant was operating the auto or vessel in violation of R.S.39:4-50 or section 2 of P.L.1981, c. 512 ( C.39:4-50.4a ), the defendant's license to operate a motor vehicle shall be suspended for a period

of between five years and life, which period shall commence upon completion of any

prison sentence imposed upon that person. (5) Reckless Vehicular homicide is a crime of the third degree if the defendant proves

by a preponderance of the evidence that the defendant did not commit any conduct constituting

driving a vehicle or vessel recklessly other than failing to maintain a lane in violation

of R.S.39:4-88 . c. For good cause shown, the court may, in accepting a plea of guilty under this section,

order that such plea not be evidential in any civil proceeding. d. Nothing herein shall be deemed to preclude, if the evidence so warrants, an indictment

and conviction for aggravated manslaughter under the provisions of subsection a. of N.J.S.2C:11-4 . As used in this section, “ auto or vessel ” means all means of conveyance propelled otherwise than by muscular power. e. Any person who violates paragraph (3) of subsection b. of this section shall forfeit

the auto or vessel used in the commission of the offense, unless the defendant can

establish at a hearing, which may occur at the time of sentencing, by a preponderance

of the evidence that such forfeiture would constitute a serious hardship to the family

of the defendant that outweighs the need to deter such conduct by the defendant and

others. 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. Forfeiture pursuant to this subsection shall be in addition to, and not in lieu

of, civil forfeiture pursuant to chapter 64 of this Title .