STATE OF NEW JERSEY
214th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2010 SESSION
Sponsored by:
Assemblyman GORDON M. JOHNSON
District 37 (Bergen)
Assemblywoman ELEASE EVANS
District 35 (Bergen and Passaic)
Assemblyman DOMENICK DICICCO, JR.
District 4 (Camden and Gloucester)
Co-Sponsored by:
Assemblyman Conners
SYNOPSIS
Prohibits Internet posting of certain information on law enforcement officers.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel
An Act concerning certain information on law enforcement officers and supplementing Title 2C of the New Jersey Statutes, Title 47 of the Revised Statutes and chapter 8 of Title 56 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. No person shall knowingly post the home address or unpublished home telephone number of any retired law enforcement officer, law enforcement officer or a law enforcement officer's spouse or child on the Internet. A violation of this section is a disorderly persons offense. A violation of this section that leads to bodily injury shall be a crime of the fourth degree. A violation of this section that leads to serious bodily injury shall be a crime of the third degree.
2. No State or local governmental agency shall post the home address or unpublished home telephone number of any retired law enforcement officer or law enforcement officer on the Internet without first obtaining the written permission of that law enforcement officer or retired law enforcement officer.
3. a. No person, business, or association shall solicit, sell, or trade on the Internet the home address or unpublished home telephone number of a law enforcement officer or retired law enforcement officer with the intent to cause imminent serious bodily injury to the law enforcement officer, the retired law enforcement officer or any person residing at the retired law enforcement officer's or law enforcement officer's home address.
b. A law enforcement officer or retired law enforcement officer whose home address or unpublished home telephone number is solicited, sold or traded on the Internet in violation of subsection a. of this section, may bring an action in any court of competent jurisdiction against the person, business, or association that violates the provisions of this section.
c. A violation of any provision of this section shall be an unlawful practice pursuant to P.L.1960, c.39 (C.56:8-1 et seq.) and shall be subject to all remedies and penalties available pursuant to that law.
4. This act shall take effect immediately.
STATEMENT
This bill prohibits State and local agencies, businesses and individuals from posting the home addresses or unpublished home telephone numbers of law enforcement officers and retired law enforcement officers on the Internet.
The bill makes it an offense for a person, which includes businesses and associations, to post on the Internet the home address or unpublished telephone number of a law enforcement officer or a retired law enforcement officer, or of a spouse or child residing with that officer. A violation would be a third degree crime if the offense results in serious bodily injury, or a fourth degree crime if the offense results in bodily injury; otherwise a violation of this provision would be a disorderly persons offense. A third degree crime is punishable by a prison term of three to five years, a fine of up to $15,000, or both. A fourth degree crime is punishable by a prison term of up to 18 months, a fine of up to $10,000, or both. A disorderly persons offense is punishable by a prison term of up to six months, a fine of up to $1,000, or both.
The bill also prohibits State or local agencies from posting a home address or telephone number of a law enforcement officer or retired law enforcement officer on the Internet without first obtaining an officer's consent.
Persons, businesses, and associations also are prohibited by the bill from selling or trading a law enforcement officer's or retired law enforcement officer's address and telephone information on the Internet with the intent to cause harm to that officer. The bill specifies that a violation of this provision would constitute an unlawful practice. An unlawful practice under the Consumer Fraud Act is punishable by a monetary penalty of not more than $10,000 for a first offense and not more than $20,000 for any subsequent offense. In addition, a violation can result in cease and desist orders issued by the Attorney General, the assessment of punitive damages, and the awarding of treble damages and costs to the injured party.