Bill Text: NJ A3553 | 2022-2023 | Regular Session | Introduced
Bill Title: Provides that law enforcement officers appointed by educational institutions, NJT, and Burlington County Bridge Commission are entitled to certain statutory rights and privileges.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2022-03-10 - Introduced, Referred to Assembly Judiciary Committee [A3553 Detail]
Download: New_Jersey-2022-A3553-Introduced.html
Sponsored by:
Assemblywoman CAROL A. MURPHY
District 7 (Burlington)
Assemblyman RONALD S. DANCER
District 12 (Burlington, Middlesex, Monmouth and Ocean)
SYNOPSIS
Provides that law enforcement officers appointed by educational institutions, NJT, and Burlington County Bridge Commission are entitled to certain statutory rights and privileges.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning law enforcement and amending P.L.1960, c.168, P.L.1970, c.211, and P.L.1989, c.291
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 1 of P.L.1970, c. 211 (C.18A:6-4.2) is amended to read as follows:
The governing body of any institution of higher education, academy, school or other institution of learning may appoint such persons as the governing body may designate to act as [policemen] law enforcement officers for the institution. A law enforcement officer appointed pursuant to this section shall be entitled to the rights and privileges afforded to municipal law enforcement officers pursuant to the provisions of chapter 14 of Title 40A of the New Jersey Statutes.
(cf: P.L.1970, c.211, s.1)
2. Section 2 of P.L.1989, c.291 (C.27:25-15.1) is amended to read as follows:
2. a. There is
established in the New Jersey Transit Corporation a New Jersey Transit Police Department,
which shall be headed by a chief of police. This police department shall have
police and security responsibilities over all locations and services owned,
operated, or managed by the corporation and its subsidiaries. The executive
director of the New Jersey Transit Corporation, through the chief of police of
the New Jersey Transit Police Department, shall have the power and authority to
appoint and employ such number of transit police officers as he deems necessary
to act as transit police officers of the corporation and to administer to the
transit police officers an oath or affirmation faithfully to perform the duties
of their respective positions or offices. The transit police officers so
appointed shall have general authority, without limitation, to exercise police
powers and duties, as provided by law for police officers and law enforcement
officers, in all criminal and traffic matters at all times throughout the State
and, in addition, to enforce such rules and regulations as the corporation
shall adopt and deem appropriate. Nothing herein shall confer upon the transit
police officers so appointed or upon their collective negotiations
representative, exclusive jurisdiction or claim over the exercise of police
power or security work on behalf of the corporation or any of its
subsidiaries. Nothing herein shall limit the executive director from
continuing to call upon local police for police services. The members of the
New Jersey Transit
Police Department shall comply with all policies established by the Attorney General, including rules and regulations, directives, advisory opinions, and other guidelines, unless those policies are inconsistent with federal laws, regulations, directives, advisory opinions, or other guidelines relating to drug and alcohol testing, alcohol misuse, or prohibited drug use applicable to the New Jersey Transit Police Department. Transit police officers appointed pursuant to this section shall be entitled to the rights and privileges afforded to municipal law enforcement officers pursuant to the provisions of chapter 14 of Title 40A of the New Jersey Statutes.
The executive director, through the chief of police of the New Jersey Transit Police Department, shall, in accordance with procedures established by the Superintendent of State Police, investigate and determine the character, competency, integrity and fitness of any person making application for appointment as a police officer. The New Jersey Transit Police Department is authorized to exchange fingerprint data and receive criminal history record information from the State Bureau of Identification in the Division of State Police and the Federal Bureau of Investigation, Identification Division, for use in making this determination.
b. Rail police officers of the New Jersey Transit Rail Operations Police Department who are employed by the corporation on the effective date of this 1991 amendatory and supplementary act shall continue in employment, and shall be appointed as transit police officers of the corporation. The corporation shall recognize any representative previously chosen by these police officers for the purposes of collective negotiations consistent with the bargaining units already established. The corporation shall also assume and observe any existing labor contracts covering these police officers for their remaining term; provided however, that the terms and conditions of these labor contracts are within the scope of negotiations as defined by the Public Employment Relations Commission under the "New Jersey Employer-Employee Relations Act," P.L.1941, c.100 (C.34:13A-1 et seq.).
c. Transit police officers appointed pursuant to this section shall satisfy the training requirements established by the Police Training Commission as follows:
(1) All officers appointed pursuant to this section after the effective date of this 1989 amendatory and supplementary act shall successfully complete, within one year of the date of their appointment, a training course approved by the Police Training Commission;
(2) All officers appointed and in employment on the effective date of this 1989 amendatory and supplementary act may continue in employment if, within 18 months of the effective date of this 1991 amendatory and supplementary act, they have satisfied the training requirements of the Police Training Commission;
(3) The executive director, through the chief of police of the New Jersey Transit Police Department, may request from the Police Training Commission an exemption from all or part of the training requirements of this subsection on behalf of a current or prospective officer who demonstrates successful completion of a police training course conducted by any federal, state or other public or private agency, the requirements of which are substantially equivalent to the requirements of the Police Training Commission.
d. Transit police officers shall qualify for an exemption from the provisions of N.J.S.2C:39-5 if they satisfactorily complete a firearms training course approved by the Police Training Commission.
(cf: P.L.2018, c.162, s.15)
3. Section 1 of P.L.1960, c.168 (C.27:19-36.3) is amended to read as follows:
Notwithstanding any of the provisions of the article of which this act is a supplement, any county bridge commission created pursuant to said article may appoint policemen and all policemen so appointed are hereby authorized and empowered to make arrests on view and without warrant on Sunday or any other day for crimes, misdemeanors and offenses of any character, or for disorder or breach of the peace or violations of any rules and regulations adopted by such county bridge commissions, committed within the jurisdiction of this State on any bridge owned by or under the control of such county bridge commission, or at the approaches thereof, or on any other property owned by or under the control of such commission. In addition, such policemen shall have all the powers conferred by law on police officers or constables in the enforcement of laws in this State and the apprehension of violators.
Any person so arrested shall be conducted by the officer to a municipal magistrate of the political subdivision in which the arrest is made or, if there is no such available magistrate, to the nearest available magistrate in any other political subdivision.
Any policeman may, instead of arresting an offender as herein provided, serve upon him a summons.
Burlington County Bridge police officers appointed by the Burlington County Bridge Commission pursuant to this section shall be entitled to the rights and privileges afforded to municipal law enforcement officers pursuant to the provisions of chapter 14 of Title 40A of the New Jersey Statutes.
(cf: P.L.1960, c.168, s.1)
4. This act shall take
effect immediately.
STATEMENT
This bill clarifies that law enforcement officers appointed by an educational institution, the New Jersey Transit Corporation, and the Burlington County Bridge Commission are entitled to the rights and privileges afforded to municipal law enforcement officers pursuant to the applicable provisions of chapter 14 of Title 40A of the New Jersey Statutes.
The provisions of chapter 14 of Title 40A of the New Jersey Statutes, in part, govern municipal law enforcement officers. This bill clarifies that law enforcement officers appointed by educational institutions, the New Jersey Transit Corporation, and the Burlington County Bridge Commission also are entitled to the rights and privileges afforded to municipal law enforcement officers.
