SENATE, No. 1386

STATE OF NEW JERSEY

216th LEGISLATURE

 

INTRODUCED FEBRUARY 27, 2014

 


 

Sponsored by:

Senator  PETER J. BARNES, III

District 18 (Middlesex)

 

 

 

 

SYNOPSIS

     Prohibits law enforcement officer from arresting student for violation of school policy under certain circumstances.

 

CURRENT VERSION OF TEXT

     As introduced.

  


An Act concerning the arrest of students and supplementing Title 40A of the New Jersey Statutes.

 

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

 

     1.    A law enforcement officer shall not detain, take into custody, or arrest a student enrolled in an elementary or secondary school for a violation of school policy, unless the violation constitutes a criminal offense, the violation is an offense which, if committed by an adult, would constitute a criminal offense, or the student poses a serious threat to the physical safety of himself or others.

     As used in this section, "criminal offense" includes, but is not limited to, any offense defined in Title 2C of the New Jersey Statutes.

 

     2.    This act shall take effect immediately.

 

 

STATEMENT

 

     This bill prohibits law enforcement officers from arresting a student for a violation of school policy under certain circumstances.

     Specifically, the bill prohibits a law enforcement officer from detaining, taking into custody, or arresting a student for a violation of school policy, unless that violation constitutes a criminal offense, the violation is an offense which, if committed by an adult, would constitute a criminal offense, or the student poses a serious threat to the physical safety of himself or others.

     Under the provisions of this bill, the term criminal offense includes, but is not limited to, any offense defined in Title 2C of the New Jersey Statutes.