Bill Text: NJ S4238 | 2022-2023 | Regular Session | Introduced
Bill Title: Requires notification to collective bargaining unit of law enforcement officer prior to release of certain information to the public.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2023-12-14 - Introduced in the Senate, Referred to Senate Law and Public Safety Committee [S4238 Detail]
Download: New_Jersey-2022-S4238-Introduced.html
Sponsored by:
Senator JOSEPH P. CRYAN
District 20 (Union)
SYNOPSIS
Requires notification to collective bargaining unit of law enforcement officer prior to release of certain information to public.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning law enforcement officers and amending P.L.2019, c.1.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 2 of P.L.2019, c.1 (C.52:17B-107.1) is amended to read as follows:
2. Whenever a person's death occurs during an encounter with a police officer or other law enforcement officer acting in the officer's official capacity or while the decedent was in custody, requiring the Attorney General to supersede the county prosecutor of the county in which the incident occurred for the purpose of conducting any investigation, criminal action or proceeding concerning the incident in accordance with paragraph (2) of subsection a. of section 11 of P.L.1970, c.74 (C.52:17B-107), the identity of each investigating and arresting officer shall remain subject to public disclosure pursuant to the provisions of P.L.1963, c.73 (C.47:1A-1 et seq.).
The Attorney General, the Executive Director of the Office of Public Integrity and Accountability within the Department of Law and Public Safety, or a designee shall notify the collective bargaining unit of each investigating or arresting law enforcement officer prior to releasing any information regarding the identity of the law enforcement officer pursuant to this section; or releasing to the public any mobile video recording system recordings or body worn camera recordings concerning the incident, any report regarding the incident, or any other information regarding an investigation of the incident.
This requirement shall supersede any directive, guideline, or policy previously promulgated by the Attorney General.
(cf: P.L.2019, c.1, s.2)
2. This act shall take effect immediately.
STATEMENT
This bill requires notification to the collective bargaining unit of a law enforcement officer prior to releasing certain information to the public.
Under current law, when a person's death occurs during an encounter with law enforcement or while the decedent was in custody, the Attorney General is required to supersede the county prosecutor for the purpose of conducting an investigation, a criminal action or a proceeding concerning the incident. Furthermore, current law provides that the identity of each arresting and investigating officer is subject to public disclosure.
Under this bill, the Attorney General, the Executive Director of the Office of Public Integrity and Accountability within the Department of Law and Public Safety, or a designee is required to notify the collective bargaining unit of each investigating or arresting officer prior to releasing any information regarding the identity of the law enforcement officer pursuant to current law; or releasing to the public any mobile video recording system recordings or body worn camera recordings concerning the incident, any report regarding the incident, or any other information regarding an investigation of the incident to the public.
