State v. Rama

689 A.2d 776, 298 N.J. Super. 339, 1997 N.J. Super. LEXIS 97
CourtNew Jersey Superior Court Appellate Division
DecidedMarch 4, 1997
StatusPublished
Cited by12 cases

This text of 689 A.2d 776 (State v. Rama) is published on Counsel Stack Legal Research, covering New Jersey Superior Court Appellate Division primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Rama, 689 A.2d 776, 298 N.J. Super. 339, 1997 N.J. Super. LEXIS 97 (N.J. Ct. App. 1997).

Opinions

The opinion of the court was delivered by

D’ANNUNZIO, J.A.D.

The issue is whether N.J.S.A. 2C:20-2.1) (section 2.1) mandates the suspension of defendant’s driving privileges upon conviction of automobile theft, or whether the statute merely authorizes a court to impose that sanction in its sentencing discretion.

Pursuant to a plea agreement, defendant pleaded guilty to receiving stolen property, a 1994 Lexus automobile, in violation of N.J.S.A. 2C:20-7. The court sentenced defendant to three years of probation, suspension of his driver’s license for one year, a $500 penalty, restitution, and other concomitant financial penalties. The court imposed the $500 penalty and license suspension because it believed that section 2.1 mandates the imposition of those sanctions. The court noted, however, that in the absence of section 2.1’s mandate, it would not have imposed the license suspension. The court stayed the license suspension pending appeal. We conclude that the section 2.1 sanctions are mandatory.

Section 2.1 provides:

a. In addition to any other disposition authorized by law, a person convicted under the provisions of this chapter of theft or unlawful taking of a motor vehicle shall be subject:
(1) For the first offense, to a penalty of $500.00 and to the suspension or postponement of the person’s license to operate a motor vehicle over the highways of this State for a period of one year.
(2) For a second offense, to a penalty of $750.00 and to the suspension or postponement of the person’s license to operate a motor vehicle over the highways of this State for a period of two years.
[342]*342(3) For a third or subsequent offense, to a penalty of $1,000.00 and to the suspension or postponement of the person’s license to operate a motor vehicle over the highways of this State for 10 years.

Defendant contends that the section 2.1 sanctions are discretionary because the Legislature did not mandate their imposition,’but merely made qualifying defendants “subject to” them in the trial court’s sentencing discretion.

In construing a statute we must effectuate the Legislature’s intent. Monmouth County v. Wissell, 68 N.J. 35, 43-44, 342 A.2d 199 (1975). Sources of legislative intent are the language of a statute, the policy behind a statute, concepts of reasonableness, and legislative history. Coletti v. Union County Bd. of Chosen Freeholders, 217 N.J.Super. 31, 35, 524 A.2d 1270 (App. Div.1987); Shapiro v. Essex County Bd. of Chosen Freeholders, 177 N.J.Super. 87, 92, 424 A.2d 1203 (Law Div.1980), aff'd, 183 N.J.Super. 24, 443 A.2d 219 (App.Div.), aff'd, 91 N.J. 430, 453 A.2d 158 (1982).

“[W]e must first look at the evident wording of the statute to ascertain its plain meaning and intent.” Renz v. Penn Cent. Corp., 87 N.J. 437, 440, 435 A.2d 540 (1981). Our duty is to apply the legislative intent as expressed in the statute’s language, and we are not to presume that the Legislature intended something other than what it expressed by its plain language. In re Jamesburg High Sch. Closing, 83 N.J. 540, 548, 416 A.2d 896 (1980); In re Howell Tp., Monmouth County, 254 N.J.Super. 411, 419, 603 A.2d 959 (App.Div.), certif. denied, 127 N.J. 548, 606 A.2d 362 (1991).

In the present case, the language “shall be subject to” is ambiguous. See Leslie Salt Co. v. United States, 55 F.3d 1388, 1396-97 (9th Cir.) (describing phrase “shall be subject to” as “somewhat odd.”), cert. denied, Cargill, Inc. v. United States, — U.S.-, 116 S.Ct. 407, 133 L.Ed.2d 325 (1995). Although “shall” is mandatory, “subject to” is less clearly so. Compare Leslie Salt Co., supra, (holding that clause “shall be subject to a civil penalty” mandated imposition of penalty), with Spradling v. City of Tulsa, [343]*34395 F.3d 1492, 1501 (10th Cir.1996) (ruling that phrase “subject to reduction” means “possibility.”) (cert. denied, U.S. -, 117 S.Ct. 1081, 137 L.Ed.2d 216) and People v. Postall, 153 Misc.2d 167, 580 N.Y.S.2d 975, 980 (1992) (declaring that postal service regulation that “[ejmployee lockers are subject to inspection” did not constitute blanket consent to search because phrase “subject to” is ambiguous; it can mean “always” or “under appropriate circumstances.”). When statutory language is ambiguous, courts must choose a construction which will carry out the legislative intent of the statute as a whole. Accountemps Div. of Robert Half v. Birch Tree Group, 115 N.J. 614, 622-23, 560 A.2d 663 (1989). Even though penal statutes should be strictly construed, the legislative intent controls in interpreting such statutes. State v. Tischio, 107 N.J. 504, 511, 527 A.2d 388 (1987).

Section 2.1 was one of a package of four bills passed by the Legislature and signed by Governor Florio in response to an epidemic of automobile thefts in New Jersey. All four of the bills were effective April 2,1991.

L. 1991, c. 80, § 1 added N.J.S.A. 2C:20-16. It defined a new second degree crime, the maintenance or operation of “any premises, place or facility used for the remodeling, repainting, or separating of automobile parts for resale of any stolen automobile,” colloquially known as a “chop shop,” and, as an additional sanction, provided that a person convicted of this offense “shall forthwith forfeit his right to operate a motor vehicle in this State for a period to be fixed by the court at not less than three nor more than five years.”

L. 1991, c. 81, added N.J.S.A. 2C:20-17, which makes it a second degree crime for an adult to knowingly use a person seventeen years of age or younger to commit theft of an automobile. The statute provided that an actor’s mistaken belief that the juvenile was older than seventeen is no defense “even if such mistaken belief was reasonable.” N.J.S.A. 2C:20-17b.

[344]*344L. 1991, c. 82, added N.J.S.A. 2C:20-18 which makes it a second degree crime to be “a leader of a theft trafficking network.” It authorized a fine not to exceed $250,000 “or five times the retail value of the automobiles seized at the time of the arrest, whichever is greater.”

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Bluebook (online)
689 A.2d 776, 298 N.J. Super. 339, 1997 N.J. Super. LEXIS 97, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-rama-njsuperctappdiv-1997.