The NJ Police Chief Magazine - Vol. 28, Number 7 | Page 27

The New Jersey Police Chief Magazine | March 2022
Continued from previous page
servers the information that MPD made does not absolve MPD of its obligation to produce that information pursuant to a proper OPRA request made to MPD .
31 . New Refusal statute not retroactive to arrests prior to 12 / 1 / 19 State v Scudieri NJ Super . ( App . Div 2021 )
In this appeal , the court held that the Legislature intended prospective application of the amended refusal statute , N . J . S . A . 39:4-50.4a . That intent was manifested by the Legislature ' s express statement that the amended legislation — which imposed on all defendants convicted of refusal the less onerous penalty of installing an interlock device rather than forfeiting his or her license as mandated by the former statute — would become effective on December 1 , 2019 , over four months after it was signed into law , and apply only to those defendants who committed an offense on or after that date . That unequivocal legislation pronouncement militates against retroactive application even for defendants who were sentenced after December 1 , 2019 .
In such circumstances , courts need not consider the common law exceptions to the presumption of prospective application as discussed in Gibbons v . Gibbons , 86 N . J . 515 ( 1981 ) and James v . New Jersey Manufacturers Ins . Co ., 216 N . J . 552 ( 2014 ), nor the timing of the penalty incurred under the general savings statute , N . J . S . A . 1:1 – 15 . The Legislature ' s determination that interlock devices serve as a greater deterrent than license forfeiture supports the conclusion that the amended legislation was neither ameliorative nor curative , in any event . ( A-0352-20 )
2022 State Police Chiefs Briefings Dates & Locations
All Briefings are held on the first Thursday of the month at 10:00 am ( breakfast served at 9:00 am ) at the Doubletree Hotel in Tinton Falls , NJ ( unless otherwise noted ). Briefings are NOT held in July and August .
April 7 , 2022 May 5 , 2022 June 2 , 2022 September 1 , 2022 October 6 , 2022 November 3 , 2022 December 1 , 2022 - The Ocean Place Resort , Long Branch , NJ
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