Bill Text: NJ S1482 | 2020-2021 | Regular Session | Amended

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Bill Title: Requires law enforcement agencies to provide internal affairs and personnel files of law enforcement officers to other agencies under certain circumstances.

Spectrum: Moderate Partisan Bill (Democrat 5-1)

Status: (Introduced - Dead) 2020-06-29 - Substituted by A744 (2R) [S1482 Detail]

Download: New_Jersey-2020-S1482-Amended.html

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[First Reprint]

SENATE, No. 1482

STATE OF NEW JERSEY

219th LEGISLATURE

 

INTRODUCED FEBRUARY 13, 2020

 

 

Sponsored by:

Senator  LORETTA WEINBERG

District 37 (Bergen)

Senator  SHIRLEY K. TURNER

District 15 (Hunterdon and Mercer)

 

Co-Sponsored by:

Senators Singleton, O'Scanlon, Greenstein and Ruiz

 

 

 

 

SYNOPSIS

     Requires law enforcement agencies to provide internal affairs and personnel files of law enforcement officers to other agencies under certain circumstances.

 

CURRENT VERSION OF TEXT

     As reported by the Senate Budget and Appropriations Committee on June 25, 2020, with amendments.

 

An Act concerning law enforcement agencies 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.  ¹As used in this act, "law enforcement agency" means a State, interstate, municipal, or county law enforcement agency; a law enforcement agency of an educational institution that appoints law enforcement officers pursuant to P.L.1970, c.211 (C.18A:6-4.2 et seq.); or any other department, division, bureau, commission, board, or other authority of this State or political subdivision thereof which employs law enforcement officers.

      b.¹  Prior to appointing an applicant who was previously employed by another law enforcement agency in this State, every ¹[State, county, and municipal]¹ law enforcement agency shall request the files, including but not limited to internal affairs and personnel files, of the applicant from each law enforcement agency that employed the applicant.  ¹Any confidential internal affairs files received by the law enforcement agency that requested them shall remain confidential and shall not be disclosed to any other party.¹

      ¹[b.] c.¹ Every ¹[State, county, and municipal]¹ law enforcement agency that receives a request pursuant to subsection ¹[a.] b.¹ of this section shall provide the applicant's files to the ¹[State, county, or municipal]¹ law enforcement agency that requested them. 

      ¹[c.] d. Any provision of a contract entered into following the effective date of this act that would prohibit a law enforcement agency from providing files, including but not limited to internal affairs and personnel files, to another law enforcement agency pursuant to this section shall be deemed against public policy and unenforceable.

      e.¹ The Attorney General shall issue ¹or amend¹ guidelines or directives necessary to effectuate the provisions of this act.

 

     2.    This act shall take effect ¹[on the first day of the fourth month after enactment, but the Attorney General may take any administrative action in advance of the effective date as may be necessary] immediately¹.