Bill Text: NJ A2312 | 2010-2011 | Regular Session | Introduced
Bill Title: Requires Attorney General to defend certain local law enforcement officers.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2010-02-25 - Introduced, Referred to Assembly Law and Public Safety Committee [A2312 Detail]
Download: New_Jersey-2010-A2312-Introduced.html
Sponsored by:
Assemblyman ALEX DECROCE
District 26 (Morris and Passaic)
Assemblywoman ALISON LITTELL MCHOSE
District 24 (Sussex, Hunterdon and Morris)
SYNOPSIS
Requires Attorney General to defend certain local law enforcement officers.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning the defense of local law enforcement officers in certain cases and amending P.L.1972, c.48.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 1 of P.L.1972, c.48 (C.59:10A-1) is amended to read as follows:
1. Except as provided in section 2 [hereof] of P.L.1972, c.48 (C.59:10A-2), the Attorney General shall, upon a request of an employee or former employee of the State, provide for the defense of any action brought against such State employee or former State employee on account of an act or omission in the scope of his employment. The Attorney General shall provide for the defense of any action brought against a county or municipal law enforcement officer on account of an act or omission arising out of the officer's lawful exercise of police powers while assigned to and acting under the supervision of the county prosecutor while serving on a special county task force.
For the purposes of this section, the Attorney General's duty to defend shall extend to a cross-action, counterclaim or cross-complaint against an employee or former employee.
(cf: P.L.1972, c.48, s.1)
2. This act shall take effect immediately.
STATEMENT
This bill requires the Attorney General to defend local law enforcement officers who are subject to a legal action arising out of the lawful exercise of their police powers while serving on a special county task force under the supervision of the county prosecutor.
On occasion, local law enforcement officers are assigned to special task forces and investigative units organized and supervised by the county prosecutor or other State law enforcement officers or entities. These multi-jurisdictional law enforcement initiatives are effective crime fighting instruments.
Recently, the Attorney General
refused to defend a group of local law enforcement officers who were sued for
police actions they had taken while serving on a special county task force
under the direct supervision of the county prosecutor. If the State refuses to
defend local law enforcement officers while they are serving on these special
task forces, their employing jurisdictions may hesitate
in permitting them to participate in these critical law enforcement operations,
citing the local government's potential liability in law suit.
Requiring the Attorney General to defend local law enforcement officers in legal proceedings arising from their police work as part of special State organized and supervised task forces will eliminate this stumbling block by limiting the liability local governmental units might incur as a result of permitting their law enforcement officers to participate in these special task forces and investigative units.
