New Jersey-2024-A1921-Introduced

An Act concerning bias incident investigation standards and supplementing Title 52 of the Revised Statutes.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. a. As used in P.L. , c. (C. ) (pending before the Legislature as this bill), "bias incident" means any suspected or confirmed violation of paragraph (1) or (2) of subsection a. of section 1 of P.L.2001, c.443 (C.2C:16-1).

b. Every county and municipal law enforcement agency shall report all confirmed or suspected bias incidents through the Electronic Uniform Crime Reporting system as soon as is practicable, but not more than 24 hours from the initial law enforcement response.

c. Every county and municipal law enforcement agency also shall immediately notify, by telephone, the Bias Crime Unit in the Division of Criminal Justice and the appropriate county prosecutor when the suspected or confirmed bias incident involves:

(1) homicide, aggravated sexual assault, sexual assault, aggravated assault, or arson;

(2) a law enforcement officer as the alleged perpetrator;

(3) an organized hate group as the perpetrator; or

(4) a potential to generate large-scale public unrest.

d. Every county prosecutor shall promptly notify the Division of Criminal Justice, in a manner prescribed by the Director of the Division of Criminal Justice, of the intention to file an accusation or seek an indictment alleging bias intimidation pursuant to section 1 of P.L.2001, c.443 (C.2C:16-1).

2. In regard to bias incidents, every chief law enforcement executive shall:

a. develop a clear and concise formal bias incident written order or directive based upon the standards set forth in P.L. , c. (C. ) (pending before the Legislature as this bill) and disseminate it to all law enforcement officers of the agency;

b. publicly announce the agency's bias intimidation investigation policy and inform the public that they should immediately contact law enforcement when a bias incident occurs;

c. ensure that all law enforcement officers of the agency receive the required and appropriate training in bias incident response and investigation;

d. ensure that the appropriate initial law enforcement response is provided to all suspected or confirmed bias incident victims and that a complete follow-up investigation is carried out, as appropriate;

e. ensure that security is increased in the affected area, as appropriate;

f. offer to personally meet the victim of a bias incident or designate an officer to do so;

g. ensure that the bias incident investigation is actively pursued to a successful conclusion or until all leads have been considered;

h. ensure that all relevant information regarding suspected or confirmed bias incidents is shared with the appropriate county prosecutor and other appropriate law enforcement agencies within a reasonable period of time;

i. ensure that victim and witness service referrals are made in a timely manner, as appropriate;

j. enlist the aid of faith-based, community, business, and educational groups, as well as other community leaders, in an effort to moderate the impact of the bias incident, reduce the potential for counter-violence, and promote positive police-community relations;

k. ensure that community relations and crime prevention programs are conducted, as appropriate;

l. maintain contact with community leaders concerning the bias incident, within limits of confidentiality;

m. conduct appropriate media relations and prepare accurate and timely public information news releases, as appropriate;

n. ensure that all suspected and confirmed bias incidents are reported as required through the Electronic Uniform Crime Reporting system using the New Jersey State Police Uniform Crime Reporting procedures; and

o. ensure that victims and, as appropriate, other concerned parties are informed of the final disposition of the investigation.

3. a. When an initial responding law enforcement officer arrives at the scene of a reported bias incident and determines that the situation may involve a bias incident, the law enforcement officer shall:

(1) apprehend the actor, if applicable;

(2) provide assistance to the victim;

(3) protect the crime scene to prepare for the gathering of evidence;

(4) request that a law enforcement supervisor respond to the scene, as appropriate;

(5) conduct a standard preliminary investigation;

(6) obtain the names and addresses of witnesses and others with knowledge of the circumstances of the incident and thoroughly question these persons;

(7) prepare a standard police incident report and document the basic facts and circumstances surrounding the incident to include the following:

(a) name, address, telephone number, and other information regarding the victim and witnesses;

(b) location of the incident;

(d) how the person or property was targeted;

(e) means of attack;

(f) time of incident;

(g) method of operation, trademark, or unusual characteristics of the incident; and

(h) any other relevant information provided by the victim and witnesses; and

(8) refer the victim and witness to the appropriate Office of Victim-Witness Advocacy.

b. Upon arriving at the scene of a suspected or confirmed bias incident, a law enforcement supervisor shall:

(1) supervise the preliminary response and investigation;

(2) confer with the initial responding law enforcement officer;

(3) assist in the stabilization of the victim as required;

(4) ensure that the crime scene is properly protected and preserved;

(5) take steps to prevent escalation of the incident;

(6) determine if additional personnel are required to provide complete public safety services;

(7) arrange for an immediate increase of patrols throughout the affected area, as appropriate;

(8) if the potential exists for further acts of violence or damage to property, arrange for law enforcement officers to be assigned to the location of the incident in a fixed post position;

(9) attempt to verify if the occurrence is a confirmed bias incident following the guidelines for confirming bias incidents pursuant to section 5 of P.L. , c. (C. ) (pending before the Legislature as this bill); verification assistance shall be provided by other levels of command or additional investigative personnel, as required;

(10) request that investigative personnel respond to the scene if a bias incident is suspected or confirmed;

(11) notify headquarters and other levels of command regarding the facts and circumstances surrounding the incident;

(12) request that the next level of command respond to the scene, as appropriate;

(13) provide the law enforcement agency's headquarters with updated factual information regarding the incident;

(14) ensure that the chief executive of the law enforcement agency is notified of the incident;

(15) ensure that the necessary basic information is obtained to sustain a follow-up investigation; and

(16) ensure that all initial response reports are properly completed as soon as possible.

4. a. Bias incident follow-up investigations shall be conducted by trained detectives or investigators in consultation with law enforcement officers who are not detectives or investigators, as necessary.

b. Follow-up investigations and community relations activities shall be timely and comprehensive. The victim shall be informed of the progress of the investigation and shall be referred to the appropriate social services or, if appropriate, the Division on Civil Rights.

c. The investigator assigned to handle bias incident cases shall have a background in handling sensitive cases and community relations. The investigator shall exhibit compassion and sensitivity towards the victim while gathering evidence necessary for prosecution. In cases where language barriers are an issue, an investigator fluent in the language spoken by the victim shall be assigned to assist in the investigation. The investigator shall be familiar with various forms of bias incidents and organized hate groups operating within the State.

d. Investigative personnel shall respond to the scene of a suspected or confirmed bias incident as directed by supervisory personnel. When the investigator arrives at the scene and determines that the situation may be a bias incident, the investigator shall:

(1) assume control of the bias incident follow-up investigation;

(2) ensure that the scene of the bias incident is properly protected and preserved;

(3) conduct a thorough and comprehensive follow-up criminal investigation and continue bias incident verification procedures following the guidelines for confirming bias incidents pursuant to section 5 of P.L. , c. (C. ) (pending before the Legislature as this bill), as necessary;

(4) ensure that the scene of the bias incident is properly documented and searched, and evidence is gathered for analysis, as required. Documenting the crime scene shall include taking samples of physical evidence, securing and transporting into custody related movable evidence, and photographing the crime scene, as appropriate;

(5) interview all victims and witnesses;

(6) canvass the community to identify other victims and witnesses and conduct additional interviews, as necessary;

(7) determine the primary elements of the incident and obtain information necessary to complete the data elements of the Uniform Crime Supplementary Bias Incident Offense Report. Primary elements of the investigation include:

(a) persons targeted, including the name, address, telephone number, personal background, and other details of the victim;

(b) object targeted, including details on the type of premises, building, or institution against which the offense was committed;

(d) means of attack, including the instrument, tool, device, or method by which the person or property was attacked or damaged;

(e) time and date when the offense was committed and when it was reported; and

(f) trademark, including the modus operandi or individual identifying characteristics of the bias incident which may distinguish the offense from others;

(8) conduct surveillance and other appropriate investigative activities in order to obtain additional evidence and to identify suspects;

(9) contact other appropriate law enforcement agencies for assistance, as required. The county prosecutor's office shall be notified as soon as possible, but not to exceed 24 hours;

(10) work with the prosecutor's office to ensure that legally sufficient cases are presented for presentation;

(11) assist the victim or witness in obtaining appropriate support services;

(12) prepare standard investigative reports documenting the bias incident investigation, as appropriate;

(13) ensure that all suspected and confirmed bias incidents are reported through the Electronic Uniform Crime Reporting system; and

(14) assist with community relations activities and crime prevention programs, as appropriate.

e. The investigator shall ensure that all physical remains of the incident are removed after crime scene processing is completed. If the remains cannot be physically removed, the appropriate level of command shall attempt to notify building or property owners regarding the need for complete removal as soon as possible after the crime scene has been fully processed.

f. Investigators shall be sensitive to the safety concerns of victims and witnesses and arrange for appropriate security measures to be implemented to protect persons and property.

5. a. A law enforcement officer shall apply the following criteria in confirming a bias incident:

(1) the absence of any other apparent motive for the bias incident;

(2) display of any bias symbols, words, graffiti, or other types of evidence;

(3) statements made by suspects;

(4) statements made by witnesses;

(5) prior history of similar incidents in the same area affecting the same victim or community group; and

(6) review of the facts and circumstances surrounding the incident, taking into consideration the totality of the circumstances.

b. If, after applying the criteria set forth in subsection a. of this section, a suspected bias incident cannot be definitively determined to be any other type of incident or is a borderline case, it shall be treated as a bias incident for continuing investigation purposes.

6. a. The New Jersey Office of Homeland Security and Preparedness, the New Jersey State Police, the Division of Criminal Justice, and each bias crime officer in the county prosecutor's offices' shall be notified of all suspected or confirmed bias incidents by an instant notification from the electronic Uniform Crime Reporting module within the New Jersey Infoshare system. At that time, the New Jersey Office of Homeland Security and Preparedness shall review each incident for a possible nexus to terrorism and, if appropriate, enter the incident into the New Jersey Suspicious Activity Reporting System.

b. The county prosecutor's office shall be notified by county and municipal law enforcement agencies of a suspected or confirmed bias incident as soon as possible, but not to exceed 24 hours. The county prosecutor's office shall monitor the investigation of all suspected or confirmed bias incidents within their jurisdiction, as necessary. A law enforcement agency's chief law enforcement officer shall contact the appropriate county prosecutor's office for legal advice and investigative assistance, as necessary.

c. When a law enforcement agency is confronted with a suspected or confirmed violation of the Law Against Discrimination pursuant to P.L.1945, c.169 (C.10:5-1 et seq.), the agency shall inform the victim of the Division of Civil Rights' jurisdiction and refer the victim to the division. The law enforcement agency also shall contact the division, if appropriate.

7. a. The Division of Criminal Justice, in consultation with the County Prosecutors Association of New Jersey, each County Association of Chiefs of Police, the New Jersey State Association of Chiefs of Police, the New Jersey Bias Crimes Officers Association, faith-based leaders, and community stakeholders, shall either update or create a continuing education course through the Community Law Enforcement Affirmative Relations Continuing Education Institute on detecting and reporting bias incidents and investigating and prosecuting bias crimes consistent with the standards set forth in P.L. , c. (C. ) (pending before the Legislature as this bill).

b. The Division of Criminal Justice, in consultation with the Police Training Commission, the Attorney General Office of Law Enforcement Professional Standards, and the Superintendent of State Police, shall update pre-existing bias incidents and crimes curricula consistent with the standards set forth in P.L. , c. (C. ) (pending before the Legislature as this bill) and the continuing education course created through the Community Law Enforcement Affirmative Relations Continuing Education Institute.

8. This act shall take effect on the first day of the fourth month after enactment, but the Attorney General may take anticipatory administrative action in advance as shall be necessary for the implementation of the act.

STATEMENT

This bill codifies the Attorney General guidelines on bias incident investigation standards.

Under the provisions of this bill, every county and municipal law enforcement agency is required to report all confirmed or suspected bias incidents through the Electronic Uniform Crime Reporting system as soon as practicable, but not more than 24 hours from the initial law enforcement response.

In addition, under the bill, every county and municipal law enforcement agency is also required to immediately notify the Bias Crime Unit in the Division of Criminal Justice and the county prosecutor when the suspected or confirmed bias incident involves: (1) homicide, aggravated sexual assault, sexual assault, aggravated assault, or arson; (2) a law enforcement officer as the alleged perpetrator; (3) an organized hate group as the perpetrator; or (4) a potential to generate large-scale public unrest.

Further, the bill requires every county prosecutor to promptly notify the Division of Criminal Justice of the intention to file an accusation or seek an indictment alleging bias intimidation.

The bill also imposes certain requirements on every chief law enforcement executive regarding bias incident response and investigation. In addition, the bill sets forth requirements for the initial law enforcement response to a bias incident and imposes requirements on a law enforcement supervisor upon arriving at the scene of a suspected or confirmed bias incident.

Further, the bill sets forth procedures for the follow-up investigation of a reported bias incident, including the responsibilities of an investigator responding to the scene of a suspected or confirmed bias incident.

The bill also provides that a law enforcement officer is to apply the following criteria in confirming a bias incident: (1) the absence of any other apparent motive for the bias incident; (2) display of any bias symbols, words, graffiti, or other types of evidence; (3) statements made by suspects; (4) statements made by witnesses; (5) prior history of similar incidents in the same area affecting the same victim or community group; and (6) review of the facts and circumstances surrounding the incident, taking into consideration the totality of the circumstances. If, after applying this criteria, a suspected bias incident cannot be definitively determined to be any other type of incident or is a borderline case, it is to be treated as a bias incident for continuing investigation purposes.

Under the bill, the New Jersey Office of Homeland Security and Preparedness (NJOHSP), the New Jersey State Police, the Division of Criminal Justice, and the bias crime officers of each county prosecutor's office are required to be notified of all suspected or confirmed bias incidents by an instant notification from the electronic Uniform Crime Reporting module within the New Jersey Infoshare system. At that time, the NJOHSP is to review each incident for a possible nexus to terrorism and, if appropriate, enter the incident into the New Jersey Suspicious Activity Reporting System.

In addition, when a law enforcement agency is confronted with a suspected or confirmed violation of the Law Against Discrimination, the law enforcement agency is to inform the victim of the Division of Civil Rights' jurisdiction and refer the victim to the division. The law enforcement agency is also to contact the division, if appropriate.

Finally, the bill requires the Division of Criminal Justice, in consultation with the County Prosecutors Association of New Jersey, each County Association of Chiefs of Police, the New Jersey Association of Chiefs of Police, the New Jersey Bias Crimes Officers Association, faith-based leaders, and community stakeholders, to update or create a continuing education course on detecting and reporting bias incidents and investigating and prosecuting bias crimes consistent with the provisions of the bill. In addition, the Division of Criminal Justice, in consultation with the Police Training Commission, the Attorney General Office of Law Enforcement Professional Standards, and the Superintendent of State Police, are to update pre-existing bias incidents and crimes curricula consistent with the standards set forth in this bill and the continuing education course created through the Community Law Enforcement Affirmative Relations Continuing Education Institute.