Bill Text: NJ S768 | 2024-2025 | Regular Session | Introduced
Bill Title: Eliminates position of constable; removes statutory references to constable; repeals various parts of statutory law; implements recommendation of SCI report concerning elimination of constables.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2024-01-09 - Withdrawn Because Approved P.L.2023, c.250. [S768 Detail]
Download: New_Jersey-2024-S768-Introduced.html
STATE OF NEW JERSEY
221st LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2024 SESSION
Sponsored by:
Senator GORDON M. JOHNSON
District 37 (Bergen)
Co-Sponsored by:
Senator Diegnan
SYNOPSIS
Eliminates position of constable; removes statutory references to constable; repeals various parts of statutory law; implements recommendation of SCI report concerning elimination of constables.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel.
An Act eliminating the position of constable, supplementing P.L.1960, c.169, and amending and repealing various parts of the statutory law.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. (New section) All of the functions, powers, and duties previously awarded to a constable appointed prior to the elimination of the position of constable pursuant to P.L. , c. (C. ) (pending before the Legislature as this bill) are hereby abolished.
2. N.J.S.2A:33-9 is amended to read as follows:
If the tenant or owner of property distrained for rent shall not, within 10 days next after the distress taken and after notice thereof, and of the cause of the taking, has been left at the main dwelling house or other most conspicuous place on the premises charged with the rent distrained for, commence an action or otherwise lawfully proceed to recover possession of said property or set aside or end the distraint, the person distraining may, after the distress, notice and expiration of 10 days, on [2] two days' notice to the tenant, cause the goods and chattels to be inventoried and appraised by [3] three sworn appraisers.
The sheriff of the county[, or a constable] of the place wherein the distress shall be taken, shall aid and assist therein and shall summon [3] three appraisers for such service and shall swear them well and truly to appraise the same, at the true and intrinsic value thereof, according to their best understanding.
(cf: N.J.S.2A:33-9)
3. N.J.S.2A:33-10 is amended to read as follows:
After the inventory and appraisement, the person distrained for rent shall sell at public vendue the property so distrained. He shall give [5] five days' public notice by advertising the articles to be sold and the time and place of sale, in at least [3] three of the most public places in the municipality where the distress shall be made, and sell the same for the best price that can be secured towards satisfaction of the rent and charges of the distress, appraisement and sale, leaving the overplus, if any, with the sheriff [or constable] for the owner's use.
(cf: N.J.S.2A:33-10)
4. N.J.S.2A:33-13 is amended to read as follows:
If the landlord, his attorney or agent shall not, within [2] two days after being served with a written request from his tenant so to do, proceed and have the distrained property appraised, the tenant may, after [5] five days' notice thereof to his landlord, his attorney or agent, apply to the sheriff [or a constable] of the county and have the property inventoried and appraised. The property reserved for the use of the family of the tenant may thereupon be selected as provided by section 2A:33-12 of this title.
(cf: N.J.S.2A:33-13)
5. N.J.S.2A:33-22 is amended to read as follows:
When property is removed by a tenant and put in any place locked up, fastened or otherwise secured, to prevent the said property from being distrained for arrears of rent, the landlord, first calling to his assistance a [constable or] peace officer, who shall aid and assist therein, may, in the daytime, break open and enter the place, and distrain the said property for the arrears of rent as he might have done if the said property had been put in an open place.
If the place where the said property is secured is a dwelling house, oath shall first be made before some judge or magistrate, of a reasonable ground to suspect that the said property is therein.
(cf: N.J.S.2A:33-22)
6. N.J.S.2A:44-13 is amended to read as follows:
2A:44-13. Where the consignee of perishable goods cannot be found by the carrier or shall neglect or refuse to receive the same or to pay the costs and expenses of transportation, or the charges for detention or demurrage, the carrier or its agent may apply in writing to the Superior Court and such court on proof that the goods have been transported and are perishable and that the consignee cannot be found or neglects or refuses to receive the same or to pay the costs and expenses of transportation, detention or demurrage charges, shall order the public sale thereof by a [constable or] sheriff of the county at a time and place named in the order, of which sale such advertisement shall be made and notice given as the court shall direct.
(cf: P.L.1991, c.91, s.90)
7. N.J.S.2A:67-4 is amended to read as follows:
No person committed to a prison or in the custody of an officer or other person for a criminal or supposed criminal matter shall be removed from such prison or custody into the custody of any other officer or person, except:
a. By habeas corpus or other legal writ or process; or
b. Where he is delivered to [a constable or other inferior] another officer in accordance with law; or
c. Where he is sent by order of a court, judge or magistrate to a workhouse or house of correction; or
d. Where he is removed to another place, within the county, for his trial or discharge in due course of law; or
e. In case of sudden fire or infection or other necessity.
(cf: N.J.S.2A:67-4)
8. N.J.S.2A:67-8 is amended to read as follows:
A judge of the superior court may, when it shall appear by satisfactory proof that anyone is held in illegal confinement or custody and there is good reason to believe that he will be taken out of the state or suffer some irreparable injury before he can be relieved by the issuance of a habeas corpus, issue a warrant under his hand and seal reciting the facts and directed to any sheriff[, constable] or other person, commanding him to take the prisoner and forthwith bring him before the court to be dealt with according to law.
If the proof shall also be sufficient to justify an arrest of the person having the prisoner in his custody, as for a criminal offense committed in the taking or detaining of the prisoner, the warrant may also contain an order for the arrest of such person for such offense.
(cf: N.J.S.2A:67-8)
9. N.J.S.2A:161-1 is amended to read as follows:
2A:161-1. In all criminal complaints before a judge of the Superior Court or a municipal court, where in the opinion of such judge, public justice shall require that a warrant for the arrest of the alleged offender issue and be executed immediately, and no person authorized to make an arrest can be had in time, such judge may, by writing, under his hand and seal, appoint some fit person, who shall be a citizen of this State, to execute the warrant, who shall have the same authority in the premises in all respects and be subject to [the same] liability [as a constable].
(cf: P.L.1991, c.91, s.133)
10. N.J.S.2A:169-3 is amended to read as follows:
Whenever an offense is committed in his presence, any [constable or] police officer shall, and any other person may, apprehend without warrant or process any disorderly person, and take him before any magistrate of the county where apprehended.
(cf: N.J.S.2A:169-3)
11. N.J.S.2C:5-6 is amended to read as follows:
a. Any person who knowingly possesses a motor vehicle master key or device designed to operate a lock or locks on motor vehicles or to start a motor vehicle without an ignition key is guilty of a crime of the fourth degree.
b. Any person who offers or advertises for sale, sells or gives to any person other than those excepted in subsection c. a motor vehicle master key or device designed to operate a lock or locks on a motor vehicle or to start a motor vehicle without an ignition key is guilty of a crime of the fourth degree.
c. Subsection a. shall not apply to a law enforcement officer, [constable,] locksmith or dealer, distributor or manufacturer of motor vehicles or motor vehicle locks, a garage keeper, or a person engaged in the business of lending on the security of motor vehicles, or in the business of acquiring by purchase evidence of debt secured by interests in motor vehicles, and his employees and agents.
(cf: N.J.S.2C:5-6)
12. Section 9 of P.L.1965, c.94 (C.4:3-11.18) is amended to read as follows:
Upon the filing of the verified complaint the court may issue a warrant directed to the sheriff [or a constable] of the county or other peace officer, commanding such officer to seize and take in his possession the eggs described in the complaint, and bring the same before the court which issued the warrant and to summon the person named in the warrant, and any other person who may be found in possession of the eggs, to appear at the time and place therein specified.
(cf: P.L.1965, c.94, s.9)
13. Section 7 of P.L.1961, c.125 (C.4:8B-7) is amended to read as follows:
Upon the filing of a verified complaint the court may issue a warrant directed to the sheriff [or a constable] of the county or other peace officer, commanding such officer to seize and take in his possession the grain described in the complaint, and bring the same before the court which issued the warrant and to summon the person named in the warrant, and any other person who may be found in possession of the grain, to appear at the time and place therein specified.
(cf: P.L.1961, c.125, s.7)
14. R.S.4:22-44 is amended to read as follows:
4:22-44. Any municipal humane law enforcement officer, chief humane law enforcement officer, humane law enforcement officer of a county society for the prevention of cruelty to animals, sheriff, undersheriff, [constable,] or police officer may:
a. Make arrests for violations of article 2 of chapter 22 of Title 4 of the Revised Statutes; and
b. Arrest without warrant any person found violating the provisions of article [2] two of chapter 22 of Title 4 of the Revised Statutes in the presence of such humane law enforcement officer, sheriff, undersheriff, [constable,] or police officer.
(cf: P.L.2017, c.331, s.15)
15. R.S.4:22-45 is amended to read as follows:
4:22-45. Where an arrest is made for a violation of subsection c. of R.S.4:22-17 by a [constable,] sheriff, undersheriff, police officer, municipal humane law enforcement officer, chief humane law enforcement officer, or humane law enforcement officer of a county society for the prevention of cruelty to animals, the officer shall give notice to the county prosecutor, or designee of the county prosecutor, at once, whereupon the county prosecutor, or designee of the county prosecutor, shall determine whether the offense should be handled in the Superior Court or in municipal court.
(cf: P.L.2017, c.331, s.16)
16. R.S.4:22-47 is amended to read as follows:
4:22-47. A sheriff, undersheriff, [constable,] police officer, municipal humane law enforcement officer, chief humane law enforcement officer, or humane law enforcement officer of a county society for the prevention of cruelty to animals may enter any building or place where there is an exhibition of the fighting or baiting of a living animal or creature, where preparations are being made for such an exhibition, or where a violation otherwise of R.S.4:22-24 is occurring, arrest without warrant all persons there present, and take possession of all living animals or creatures engaged in fighting or there found and all implements or appliances used or to be used in such exhibition.
(cf: P.L.2017, c.331, s.17)
17. R.S.4:23-15 is amended to read as follows:
For a violation of any provision for which a penalty is prescribed which is collectible under this article, done within the view of any [constable,] police officer or member of the State police, the officer may arrest the offender without a warrant and take him before the court in the county wherein such arrest is made.
(cf: P.L.1953, c.5, s.97)
18. R.S.9:6-8 is amended to read as follows:
9:6-8. Whenever any person shall, before the Superior Court, or municipal court, make oath that the affiant believes that this chapter has been or is being violated in any place or house, such court shall forthwith issue a warrant to [a constable or other] another authorized officer to enter such place or house and investigate the same, and such person may arrest or cause to be arrested all offenders and bring them before any court for a hearing of the case; and all [constables and] policemen shall aid in bringing all such offenders before such authorities for a hearing.
(cf: P.L.1991, c.91, s.197)
19. R.S.9:17-4 is amended to read as follows:
Warrants in such proceedings shall be directed to a [constable or] police officer of the county.
(cf: P.L.1953, c.9, s.31)
20. Section 34 of P.L.1984, c.171 (C.17:13-112) is amended to read as follows:
a. Every credit union shall be subject to the supervision and examination of the commissioner. In lieu of making an examination of a credit union, the commissioner may accept the examination of a certified public accountant who has examined the records of the credit union and who files an opinion of his examination with the commissioner. If an examiner deems it advisable, he may verify the liabilities of the credit union to its members by an inspection and verification of their accounts. The commissioner shall promptly communicate the results of each examination to the president of the credit union examined, who shall present the report to the board at the next regular meeting or a special meeting if the commissioner so directs. The action taken by the board shall be communicated by the president to the commissioner within five days.
b. The officers, directors and employees of the credit union under examination shall exhibit its books, papers, records, documents, and securities to the commissioner or his representative and shall act to facilitate the examination. The commissioner or his representative may administer an oath to any person whose testimony is required on any examination and may compel by subpena the appearance of any person for the purpose of examination or for the production of books, papers, records, documents and securities. The subpena may be served by any police officer [or constable] of the municipality in which the person resides. If any person fails to obey the subpena, give testimony, answer questions or produce any books, papers, records, documents, securities or other things which may be required by the commissioner, the Superior Court may compel the person to do so.
c. A person who shall willfully testify falsely to a material matter upon an oath administered by the commissioner or his representative upon an investigation or inquiry, or in regard to a report made by the commissioner, shall be guilty of perjury.
(cf: P.L.1984, c.171, s.34)
21. R.S.19:6-30 is amended to read as follows:
19:6-30. The district board in each election district, the county board, and the clerk thereof, the board of county canvassers and the board of State canvassers and the Superior Court shall, respectively, possess full power and authority to direct the police on duty to maintain regularity and order, and to enforce obedience to their lawful commands during their sessions respectively.
If a person shall refuse to obey the lawful command of any such board, or by disorderly conduct in its hearing or presence shall interrupt or disturb its proceedings, it may by an order in writing, signed by its chairman and attested by its clerk, commit the person so offending to the common jail of the county in which the board shall have met, for a period not exceeding three days. Such order shall be executed by any sheriff [or constable] to whom it shall be delivered; or if a sheriff [or constable] shall not be present or shall refuse to act, by any other person deputed by the board in writing, and the keeper of such jail shall receive the person so committed, and safely keep him for such time as shall be provided in the commitment.
(cf: P.L.1991, c.91, s.241)
22. R.S.19:32-22 is amended to read as follows:
The superintendent and his chief deputy and assistants are hereby authorized and empowered and without warrant, to arrest any person violating any provision of this title.
The superintendent and his chief deputy and assistants, as the case may be, shall have the right and power to call upon any [constable,] police officer or other peace officer to aid in taking any person so arrested to the nearest police station in the municipality in which the arrest is made, and such [constable,] police officer or other peace officer shall render such aid.
Any [constable,] police officer or other peace officer failing to comply with such request shall be guilty of a misdemeanor.
(cf: R.S.19:32-22)
23. Section 20 of P.L.1947, c.167 (C.19:32-45) is amended to read as follows:
The superintendent and his chief deputy and assistants are hereby authorized and empowered and without warrant, to arrest any person violating any provision of this Title.
The superintendent and his chief deputy and assistants, as the case may be, shall have the right and power to call upon any [constable,] police officer or other peace officer to aid in taking any person so arrested to the nearest police station in the municipality in which the arrest is made, and such [constable,] police officer or other peace officer shall render such aid.
Any [constable,] police officer or other peace officer failing to comply with such request shall be guilty of a misdemeanor.
(cf: P.L.1947, c.167, s.20)
24. R.S.23:2-8 is amended to read as follows:
The council, the wardens, the deputy wardens and the protector shall have the power of summary arrest in cases of flagrant violation of this Title, or of the provisions of the State Fish and Game Code, and may, in the discharge of their duties, call in the aid of a [constable,] sheriff or other peace officer when deemed necessary. An officer neglecting or refusing to aid when so required shall forfeit twenty-five dollars ($25.00) to be recovered in a civil action.
(cf: P.L.1953, c.23, s.1)
25. R.S.23:10-3 is amended to read as follows:
Proceedings for the recovery of penalties for the violation of any provision of this Title, any provision of any law supplementary thereto, or any provision of the State Fish and Game Code shall be brought in the name of the State, by a duly commissioned warden, deputy warden, police officer, [constable] or a member of any regularly incorporated fish and game protective association, or the fish and game protector as prosecutor, and no such proceeding shall be instituted by any other person unless specifically authorized by law.
(cf: P.L.1948, c.448, s.79)
26. R.S.23:10-5 is amended to read as follows:
Any [constable,] police officer, fish and game warden, protector, or deputy warden, or any officer or member of any incorporated game protective society may, for a violation of any provision of this Title, or any provision of any law supplementary thereto, or of any provision of the State Fish and Game Code committed within the view of any such officer or person, arrest, without warrant, the offender and carry him before a court in the county wherein such arrest is made. Any person or persons who shall, by threat, menace or force, or in any manner, attempt to deter or prevent any fish and game warden or other person authorized to make arrests for violation of the fish and game laws of this State, or any provision of any law supplementary thereto, or any provision of the State Fish and Game Code from enforcing or carrying into effect any provisions of this Title, or any provision of any law supplementary thereto, or any provision of the State Fish and Game Code or who shall resist arrest or the seizure of boats or nets or other apparatus illegally used, shall be subject to a fine of one hundred dollars ($100.00).
(cf: P.L.1953, c.23, s.7)
27. R.S.24:4-5 is amended to read as follows:
Upon the filing of a verified complaint the court may issue a warrant directed to the sheriff [or a constable] of the county or other peace officer, commanding such officer to seize and take in his possession the article described in the complaint, and bring the same before the court which issued the warrant and to summon the person named in the warrant, and any other person who may be found in possession of the article, to appear at the time and place therein specified.
(cf: P.L.1953, c.24, s.6)
28. Section 3 of P.L.1967, c.311 (C.24:6D-3) is amended to read as follows:
A. It is hereby made the duty of the State Department of Health, its officers, agents, inspectors and representatives, and of all peace officers within the State, and of all county prosecutors, to enforce all provisions of this chapter, and to cooperate with all agencies charged with the enforcement of the laws of the United States, of this State, and of all other States, relating to counterfeiting of trademarks used in connection with drugs, cosmetics or devices.
B. The commissioner and any officer or employee of the department designated by the commissioner to conduct investigations or engage in other enforcement activities relating to the counterfeiting of drugs, cosmetics or devices shall have the power to execute and serve search warrants and shall have the power of arrest in cases of violation of this chapter, and may, in the discharge of their duties, call in the aid of a [constable,] sheriff, or other peace officer when deemed necessary.
(cf: P.L.1967, c.311, s.3)
29. R.S.26:3-59 is amended to read as follows:
26:3-59. The Superior Court or any municipal court may issue a warrant to search for any nuisance affecting health. Such warrant may be issued according to the practice of the court, upon the information and belief of any officer or agent of the State Department of Health, or of any local board of health that there is in any dwelling house, store, stable or any building of any kind whatsoever any nuisance affecting health or any person sick of any contagious or infectious disease, or any condition of contagion or infection which may have been caused by anyone recently sick of any such disease in any such dwelling house or other place. The warrant shall be directed to the sheriff of the county within which the search is to be made, or to any [constable,] marshal, police officer, or officer or agent of the local board having jurisdiction within the place where such search is to be made.
(cf: P.L.1991, c.91, s.290)
30. R.S.26:3-63 is amended to read as follows:
The sheriff of the county and
any [constable,] marshal, or
police officer of any county or municipality shall, if required by any officer
to whom the search warrant may be directed, be present and
assist in the execution of the warrant.
(cf: R.S.26:3-63)
31. R.S.26:4-37 is amended to read as follows:
26:4-37. In establishing quarantine for venereal disease, the licensed health officer or the State Commissioner of Health, or the authorized representative of either shall by notice in writing define the restriction of the actions, behavior and movements of the person or the place and the limits of the area within which the person is to be quarantined. Such person while so quarantined shall observe and obey said notice restricting his actions, behavior and movements or remain within the place and area defined by said health officer, director or representative in said notice. The custodian, if any, of such person shall safely keep and confine said person and said notice shall be sufficient warrant and authorization therefor.
Whenever a licensed health officer or the State Commissioner of Health or the authorized representative of either shall quarantine any person for venereal disease under authority of this article, he may also order the removal of such person to the place and area within which the person is to be quarantined for venereal disease, and the person shall proceed to such place at the time and in the manner specified.
A licensed health officer or the State Commissioner of Health or the authorized representative of either one of them may file a complaint with any municipal court in the county or with the Superior Court against the following persons:
a. Any person, who while quarantined for venereal disease fails, refuses or neglects to observe and obey said notice restricting his actions, behavior and movements, or to remain within the place and area defined by said health officer, director or representative or to proceed to a place for quarantine for venereal disease at the time and in the manner specified by said health officer, director or representative.
b. Any person who fails, refuses or neglects to submit to, observe or obey the conditions of any commitment or to comply with any order made by any court under authority of this article.
c. Any of the persons included in section 26:4-36 of this article.
If a warrant issues, it shall be directed to the sheriff [or any constable] in the county, or any police officer.
The court shall determine the matter without a jury. If the court finds that the person is one of those listed in this section against whom a complaint may be filed, it may commit such person to a State, county, or municipal hospital which will receive the person, or to any other place or institution suitable for and willing to receive the person for detention, examination, care and treatment, whether the hospital, place or institution be located within or without the county, or to the county jail or may make any order for the examination, care or treatment of said person which may be deemed proper under the circumstances.
The complaint, commitment, and all other papers relating to the case shall be impounded and shall not be open to public inspection, and hearings shall not be open to the public.
Any person committed under the provisions of this statute shall be held in the place to which committed until discharged by the court which heard the case or by the Superior Court or by order of the Commissioner of the State Department of Health.
The local health officer having jurisdiction shall report to the State department any person quarantined for venereal disease, or upon whom a summons is served or against whom a warrant is issued under authority of this article except where the action is initiated by the State Commissioner of Health or his authorized representative.
(cf: P.L.1991, c.91, s.291)
32. R.S.30:4-119 is amended to read as follows:
Every police officer [and constable] shall assist in the location and return to institutional custody of any institutional inmate who has left the institution without parole or discharge.
(cf: R.S.30:4-119)
33. R.S.30:4-157.5 is amended to read as follows:
30:4-157.5. For making copies of a complaint and commitment in delinquency proceedings, the court or the clerk thereof shall be entitled to the same fees as are allowed by law for the original complaint and commitment.
The fee for serving process shall be the same and shall be paid in the same manner as for like services in criminal cases.
The sheriff [, constable] or officer executing a warrant of commitment shall be entitled to a fee of five dollars ($5.00) besides the necessary traveling expenses for himself and the boy.
Other fees shall be the same as are allowed for similar services in the Superior Court, and all such fees shall be paid as other fees are paid in criminal causes.
(cf: P.L.1995, c.280, s.51)
34. R.S.30:8-21 is amended to read as follows:
In all cases where any sheriff[,] or undersheriff [or constable] shall be by law authorized or required to confine or keep in jail any person arrested or in custody on any civil process, or in any civil suit or proceeding, by surrender in discharge of bail or in any other way, such sheriff[,] or undersheriff [or constable] shall deliver such person so arrested or in custody to the jail warden of such county, if there shall be one, within such jail, with a copy of the process, commitment or surrender by virtue of which such person was arrested or is in custody, and after such delivery such sheriff[,] or undersheriff [or constable] shall not be liable for any escape of such prisoner; but the board of chosen freeholders of such county, or their keeper or warden, if they shall have appointed one under the provisions of section 30:8-20 of this Title, shall, for any escape after such delivery, be liable in the same manner as the sheriff of the county would be if he had the custody, rule, keeping and charge of the county jail of such county and of the prisoners therein. Such sheriff[,] or undersheriff [or constable] may require such keeper or warden to give a receipt, upon the process or commitment by which such prisoner may be arrested or held, for the body of such prisoner.
(cf: P.L.1971, c.2, s.16)
35. Section 11 of P.L.1947, c.34 (C.30:9-12.11) is amended to read as follows:
The board of managers may appoint and commission as many special policemen for such county hospital as it may deem necessary. Within such territory as shall be prescribed and for such time as shall be limited, any such policeman shall have the same powers as a [constable of the county or] police officer of the municipality or municipalities wherein such hospital shall be located. Such special policemen shall be charged with the duty of preserving order in and about the hospital and shall have power to arrest and hold any offender against the public peace within the limits of said territory.
(cf: P.L.1947, c.34, s.11)
36. R.S.33:1-1 is amended to read on purpose:
33:1-1. For the purpose of this chapter, the following words and terms shall be deemed to have the meanings herein given to them:
a. "Alcohol." Ethyl alcohol, hydrated oxide of ethyl or neutral spirits from whatever source or by whatever process produced.
b. "Alcoholic beverage." Any fluid or solid capable of being converted into a fluid, suitable for human consumption, and having an alcohol content of more than one-half of one per centum (1/2 of 1%) by volume, including alcohol, beer, lager beer, ale, porter, naturally fermented wine, treated wine, blended wine, fortified wine, sparkling wine, distilled liquors, blended distilled liquors and any brewed, fermented or distilled liquors fit for use for beverage purposes or any mixture of the same, and fruit juices.
c. "Building." A structure of which licensed premises are or may be a part, including all rooms, cellars, outbuildings, passageways, closets, vaults, yards, attics, and every part of the structure of which the licensed premises are a part, and of any other structure to which there is a common means of access, and any other appurtenances.
d. "Commissioner." The Director of the Division of Alcoholic Beverage Control.
e. "Container." Any glass, can, bottle, vessel or receptacle of any material whatsoever used for holding alcoholic beverages, which container is covered, corked or sealed in any manner whatsoever.
f. "Eligible." The status of a person who is a citizen of the United States, a resident of this State, of good moral character and repute, and of legal age.
g. "Governing board or body." The board or body which governs a municipality, including a board of aldermen in municipalities so governed; but in every municipality having a board of public works which exercises general licensing powers such board shall be considered as the governing board or body.
h. "Importing." The act of bringing or causing to be brought any alcoholic beverage into this State.
i. "Illicit beverage." Any alcoholic beverage manufactured, distributed, bought, sold, bottled, rectified, blended, treated, fortified, mixed, processed, warehoused, possessed or transported in violation of this chapter, or on which any federal tax or tax imposed by the laws of this State has not been paid; and any alcoholic beverage possessed, kept, stored, owned or imported with intent to manufacture, sell, distribute, bottle, rectify, blend, treat, fortify, mix, process, warehouse or transport in violation of the provisions of this chapter.
j. "Licensed building." Any building containing licensed premises.
k. "Licensed premises." Any premises for which a license under this chapter is in force and effect.
l. "Magistrate." The Superior Court or municipal court.
m. "Manufacturer." Any person who, directly or indirectly, personally or through any agency whatsoever, engages in the making or other processing whatsoever of alcoholic beverages.
n. "Municipality." Any city, town, township, village, or borough, including a municipality governed by a board of commissioners or improvement commission, but excluding a county.
o. "Municipal board." The municipal board of alcoholic beverage control as established by this chapter.
p. "Officer." Any sheriff, deputy sheriff, [constable,] police officer, member of the Division of State Police, or any other person having the power to execute a warrant for arrest, or any inspector or investigator of the Division of Alcoholic Beverage Control.
q. "Original container." Any container in which an alcoholic beverage has been delivered to a retail licensee.
r. "Person." Any natural person or association of natural persons, association, trust company, partnership, corporation, organization, or the manager, agent, servant, officer, or employee of any of them.
s. "Premises." The physical place at which a licensee is or may be licensed to conduct and carry on the manufacture, distribution or sale of alcoholic beverages, but not including vehicular transportation.
t. "Restaurant." An establishment regularly and principally used for the purpose of providing meals to the public, having an adequate kitchen and dining room equipped for the preparing, cooking and serving of food for its customers and in which no other business, except such as is incidental to such establishment, is conducted.
u. "Retailer." Any person who sells alcoholic beverages to consumers.
v. "Rules and regulations." The rules and regulations established from time to time by the director.
w. "Sale." Every delivery of an alcoholic beverage otherwise than by purely gratuitous title, including deliveries from without this State and deliveries by any person without this State intended for shipment by carrier or otherwise into this State and brought within this State, or the solicitation or acceptance of an order for an alcoholic beverage, and including exchange, barter, traffic in, keeping and exposing for sale, serving with meals, delivering for value, peddling, possessing with intent to sell, and the gratuitous delivery or gift of any alcoholic beverage by any licensee.
x. "Unlawful alcoholic beverage activity." The manufacture, sale, distribution, bottling, rectifying, blending, treating, fortifying, mixing, processing, warehousing or transportation of any alcoholic beverage in violation of this chapter, or the importing, owning, possessing, keeping or storing in this State of alcoholic beverages with intent to manufacture, sell, distribute, bottle, rectify, blend, treat, fortify, mix, process, warehouse or transport alcoholic beverages in violation of this chapter, or the owning, possessing, keeping or storing in this State of any implement or paraphernalia for the manufacture, sale, distribution, bottling, rectifying, blending, treating, fortifying, mixing, processing, warehousing or transportation of alcoholic beverages with intent to use the same in the manufacture, sale, distribution, bottling, rectifying, blending, treating, fortifying, mixing, processing, warehousing or transportation of alcoholic beverages in violation of this chapter, or to aid or abet another in the manufacture, sale, distribution, bottling, rectifying, blending, treating, fortifying, mixing, processing, warehousing or transportation of alcoholic beverages in violation of this chapter, or the aiding or abetting of another in any of the foregoing activities.
y. "Unlawful property." All illicit beverages and all implements, vehicles, vessels, airplanes, and paraphernalia for the manufacture, sale, distribution, bottling, rectifying, blending, treating, fortifying, mixing, processing, warehousing or transportation of illicit beverages used in the manufacture, sale, distribution, bottling, rectifying, blending, treating, fortifying, mixing, processing, warehousing or transportation of illicit beverages or owned, possessed, kept or stored with intent to use the same in the manufacture, sale, distribution, bottling, rectifying, blending, treating, fortifying, mixing, processing, warehousing or transportation of illicit beverages, whether such use be by the person owning, possessing, keeping, or storing the same, or by another with the consent of such person; and all alcoholic beverages, fixtures and personal property located in or upon any premises, building, yard or inclosure connected with a building, in which an illicit beverage is found, possessed, stored or kept.
z. "Wholesaler." Any person who sells an alcoholic beverage for the purpose of resale either to a licensed wholesaler or to a licensed retailer, or both.
aa. "Limousine." A motor vehicle used in the business of carrying passengers for hire to provide prearranged passenger transportation at a premium fare on a dedicated, nonscheduled, charter basis that is not conducted on a regular route, or is furnished without fare as an accommodation for a patron in connection with other business purposes, and with a seating capacity in no event of more than 14 passengers, not including the driver, provided, that such a motor vehicle shall not have a seating capacity in excess of four passengers, not including the driver, beyond the maximum passenger seating capacity of the vehicle, not including the driver, at the time of manufacture. This shall not include taxicabs, hotel or airport shuttles and buses, buses employed solely in transporting school children or teachers to and from school, vehicles owned and operated directly or indirectly by businesses engaged in the practice of mortuary science when those vehicles are used exclusively for providing transportation related to the provision of funeral services or vehicles owned and operated without charge or remuneration by a business entity for its own purposes.
bb. "Entertainment facility" is a privately-owned facility in which athletic, commercial, cultural, or artistic events are featured.
cc. "Powdered alcohol." Any powder or crystalline substance containing alcohol, as defined in subsection a. of this section, produced for human consumption.
Any definition herein contained shall apply to the same word in any form. Thus "sell" means to make a "sale" as above defined.
(cf: 2015, c.137, s.1)
37. R.S.34:11-60 is amended to read as follows:
Process of the wage collection division shall run throughout the state. Service of process shall be made either by a [constable or a] process server of the department.
(cf: R.S.34:11-60)
38. N.J.S.38A:11-10 is amended to read as follows:
Any municipal court or other court of competent jurisdiction, on complaint made by any officer of the militia charged with the care or custody of any military property, that any such military property is unlawfully withheld from him by any person within the jurisdiction of such court, and that the same is believed to be in a particular place specified in the complaint, shall issue to any sheriff, [constable,] police officer or member of the State Police, a search warrant.
(cf: N.J.S.38A:11-10)
39. R.S.39:5-3 is amended to read as follows:
39:5-3. a. When a person has violated a provision of this subtitle, the judge may, within 30 days after the commission of the offense, issue process directed to a [constable,] police officer, or the chief administrator for the appearance or arrest of the person so charged and for a violation of R.S.39:4-81, issue process within 90 days after the commission of the offense. In the case of a violation enumerated in subsection b. of this section, this period shall commence upon the filing of a complaint.
b. A complaint may be made to a judge for a violation of R.S.39:3-12, R.S.39:3-34, R.S.39:3-37, R.S.39:4-129 or R.S.39:10-24 at any time within one year after the commission of the offense; for a violation of R.S.39:4-50, section 2 of P.L.1981, c.512 (C.39:4-50.4a), section 5 of P.L.1990, c.103 (C.39:3-10.13), section 10 of P.L.1990 c.103 (C.39:3-10.18), section 16 of P.L.1990, c.103 (C.39:3-10.24), section 3 of P.L.1952, c.157 (C.12:7-46), section 9 of P.L.1986, c.39 (C.12:7-57), R.S.39:3-40, or section 1 of P.L.1942, c.192 (C.39:4-128.1), at any time within 90 days after the commission of the offense.
c. All proceedings shall be brought before a judge having jurisdiction in the municipality in which it is alleged that the violation occurred, but when a violation occurs on a street through which the boundary line of two or more municipalities runs or crosses, then the proceeding may be brought before the judge having jurisdiction in any one of the municipalities divided by said boundary line, and in the event there shall be no judge or should no judge having such jurisdiction be available for the acceptance of bail and disposition of the case, or should the judges having such jurisdiction be disqualified because of personal interest in the proceedings, or for any other legal cause, said proceeding shall be brought before a judge having jurisdiction in the nearest municipality to the one in which it is alleged such a violation occurred.
(cf: P.L.2017, c.249, s.1)
40. R.S.39:5-5 is amended to read as follows:
All proceedings for the violation of this subtitle shall be brought in the name of the State, with the director, police officer, peace officer, [constable] or any other person who institutes the proceedings as prosecutor. A judge may, at his discretion, refuse to issue a warrant on the complaint of a person other than the director or a police officer, until a sufficient bond to secure costs has been executed and delivered to the judge.
(cf: P.L.1983, c.403, s.20)
41. R.S.40:24-5 is amended to read as follows:
Any [constable or] police officer may serve any warrant or other process issuing out of the court, to apprehend any person for the violation of any such resolution.
(cf: P.L.1953, c.37, s.42)
42. R.S.40:48-25 is amended to read as follows:
When the governing body of a municipality shall have appointed a committee of its members upon any subject or matter within its jurisdiction, the committee may issue a subpoena ad testificandum, or subpoena duces tecum, to any person within this state, to appear before it to give testimony or information required. The subpoenas may be served by any police officer [or constable] of the municipality.
(cf: R.S.40:48-25)
43. Section 1 of P.L.1971, c.197 (C.40A:14-152) is amended to read as follows:
The members and officers of a police department and force, within the territorial limits of the municipality, shall have all the powers of peace officers and upon view may apprehend and arrest any disorderly person or any person committing a breach of the peace. Said members and officers shall have the power to serve and execute process issuing out of the courts having local criminal jurisdiction in the municipality and shall have [the] powers [of a constable] in all matters other than in civil causes arising in such courts.
(cf: P.L.1971, c.197, s.1)
44. R.S.48:12-166 is amended to read as follows:
Any person who shall:
a. Travel or attempt to travel on any train on a railroad without having previously paid his fare and with intent to avoid payment thereof; or
b. Having paid his fare for a certain distance, knowingly and willfully proceed on such train beyond such distance without previously paying the additional fare for the additional distance, and with intent to avoid the payment thereof; or
c. Knowingly and willfully refuse or neglect on arriving at the point to which he has paid his fare to quit such train--
Shall for every such offense forfeit to the company running the train a sum not exceeding $5.00.
On complaint made on oath and after summary hearing of the facts and circumstances or on admission of the parties, any magistrate of the municipality where the offender may be arrested shall have jurisdiction to impose such fine with costs. The arrest may be made by any police officer or [constable or] by a commissioned railroad policeman.
(cf: P.L.1969, c.160, s.1)
45. Section 20 of P.L.1938, c.182 (C.51:1‑132) is amended to read as follows:
20. A proceeding to recover any penalty incurred under the provisions of this act, or acts supplementary or amendatory thereof, may be brought in the name of the State of New Jersey by any duly appointed weights and measures officers in the Superior Court or municipal court of any municipality of this State, wherein the violation occurs, which courts shall have jurisdiction over the proceeding. The proceeding shall be summary and in accordance with ["the penalty enforcement law"] the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (N.J.S.2A:58-1 et seq.). Process shall be either in the nature of a summons or warrant and it may be directed to any weights and measures officer, or to any [constable or] police officer, commanding him to cause the person or persons so complained of to be summoned or arrested and brought before the court.
No defendant under any body execution shall be detained for a period exceeding ten days, except as may be otherwise provided by this act.
It shall be the duty of the city attorney of any municipality wherein such violation shall take place to assist in the prosecution of the same, unless such municipality has no such municipal superintendent of weights and measures as provided for in section 51:1-43 of the Revised Statutes, in which case the county prosecutor of the county wherein such violation shall take place shall assist in such prosecution. All fines and penalties collected from persons offending against the provisions of this act shall be paid by the court clerk receiving the same, when recovered by a State weights and measures officer, to the State Treasurer; when recovered by a county weights and measures officer, to the county treasurer of such county; and when recovered by a municipal weights and measures officer, to the municipality which such officer represents. For violation of any of the provisions of this act, done within the view of any weights and measures officer, such weights and measures officer is authorized, without warrant, to arrest the offender or offenders and to conduct him or them before the Superior Court or a municipal court in the county wherein such offense is committed.
(cf: P.L.1991, c.91, s.478)
46. R.S.51:9‑12 is amended to read as follows:
51:9-12. A complaint having been made to the Superior Court or a municipal court by any weights and measures official, that any person has violated any of the provisions of this chapter, a summons or a warrant may issue directed to any weights and measures official or to any [constable or] police officer for the appearance or arrest of the person so charged.
(cf: P.L.1991, c.91, s.485)
47. R.S.52:13-6 is amended to read as follows:
The senate and general assembly may by concurrent resolution direct that the senate and general assembly meet in joint session at a time and place therein fixed for the purpose of hearing the evidence and arguments regarding the alleged contempt and may order that a warrant, directed to any sergeant at arms of either house or of the joint session or to any sheriff, police officer, member of the state police, [constable] or other peace officer, issue in such manner as shall be prescribed in and by the concurrent resolution for the arrest of the alleged contemner and the production of him at the bar of such joint session, there to be heard.
(cf: R.S.52:13-6)
48. R.S.52:13-10 is amended to read as follows:
Any person found to be guilty of a contempt of the legislature by a concurrent resolution of the two houses thereof, as hereinbefore provided, may be sentenced to imprisonment in the state prison or in the common jail of any county for any period not exceeding six months as shall be directed in and by the concurrent resolution determining the contempt, for the execution of which such concurrent resolution may order that a commitment shall issue, directed to any sheriff, police officer, member of the state police, [constable] or other peace officer, and to the keeper of the state prison or the keeper of the common jail of any county, which commitment shall be signed by the president of the senate and the speaker of the house of assembly in office at the date of the issue thereof.
(cf: R.S.52:13-10)
49. R.S.53:4-1 is amended to read as follows:
Whenever the department of state police desires to examine a member of the department in relation to the discharge of his official duties or conduct, or concerning the possession or disposition by him in his official capacity of any property belonging to the department, or to inspect or examine any book account, voucher or document in the possession or under control of a member of the department as such member, relating to the affairs or interests of the department, the superintendent or deputy superintendent of state police may issue a subpoena ad testificandum or subpoena duces tecum to any person to appear before him and give testimony or information required for the purpose above mentioned. Such subpoenas may be served by any police officer [or constable] of the municipality wherein the person to be subpoenaed resides, or by a member of the state police.
(cf: R.S.53:4-1)
50. R.S.56:3-47 is amended to read as follows:
56:3-47. If any owner, dealer or shipper, or his agent, has reason to believe, and does believe, that any can or cans of the kind mentioned in section 56:3-42 of this Title, stamped or marked as provided in said section 56:3-42, is or are being used, or has or have been unlawfully used as aforesaid, by any person, or that any person has any such can or cans secreted in or upon his premises, or any other place, any such owner, dealer or shipper, or his agent, may go before the Superior Court or the municipal court in the municipality wherein such offenses may be or have been committed, and make complaint thereof under oath, which complaint may be wholly upon information and belief. Whereupon the court shall issue a process in the nature of a search warrant, directed to any [constable,] marshal or an executive officer of any municipality, which shall recite the complaint, or the substance thereof, and shall command such [constable,] marshal or executive officer to search immediately the premises, place or places mentioned in the complaint, and, if any milk or cream cans be found, to bring the same, together with the body of the person in whose possession they may be found, before the court which shall summarily inquire into the ownership of such can or cans, and, upon being satisfied that the same belong to such owner, dealer or shipper, or that his agent is entitled to the possession thereof, he shall deliver such can or cans to such owner, dealer or shipper, or his agent, who shall have the costs of the proceedings from the person so illegally having such can or cans in his or their possession. If the person illegally having such can or cans in his possession shall refuse to pay the costs, the court shall commit such person to the county jail of the county wherein he shall be arrested until such costs are paid.
(cf: P.L.1991, c.91, s.523)
51. The following sections are repealed:
N.J.S.2A:14-18;
N.J.S.40A:9-120 through N.J.S.40A:9-126; and
N.J.S.40A:9-126.1
52. (New section) This act shall not impair the validity of the compensation provisions of a municipal employment contract for a person appointed as a constable which was entered into prior to the effective date of this act. If applicable, a person appointed as a constable shall be compensated in accordance with the provisions of a municipal employment contract until the contract expires. However, any provisions of the contract which grant powers and impose duties associated with the position of constable shall be deemed null and void.
53. This act shall take effect immediately.
STATEMENT
This bill eliminates the position of constable, removes statutory references to the position, and repeals certain sections of law to reflect this change.
Under the bill, the salary provisions of a municipal employment contract for a constable which was entered into prior to the effective date of the bill would remain in effect and the person would be compensated in accordance with the provisions of the contract until the contract expires. However, any provisions of the contract which grant powers and impose duties associated with the position of constable would be deemed null and void.
The bill implements recommendations set forth in the December 2021 report of the State of New Jersey Commission of Investigation (SCI) entitled, "Abusing the Badge, A report on the SCI's Investigation into Constables in New Jersey." In its report, the SCI deems the position of constable unnecessary and outdated, and calls for the elimination of the position "before someone gets seriously injured or worse." The SCI investigation found that, rather than serve as a beneficial adjunct to police, the role of constable instead far too frequently represents a potential hazard to the constables themselves, the police, and the public at large.
