Sponsored by:
Assemblyman SCOTT T. RUMANA
District 40 (Bergen, Essex, Morris and Passaic)
Assemblyman DAVID C. RUSSO
District 40 (Bergen, Essex, Morris and Passaic)
SYNOPSIS
Limits law enforcement officers’ civil and criminal liability for injuries occurring during motor vehicle pursuits.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning certain immunities for law enforcement officers and amending P.L.1996, c.115.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 5 of P.L.1996, c.115 (C.2A:62A-1.1) is amended to read as follows:
5. a. A municipal, county or State law enforcement officer is not liable for any civil damages as a result of any acts or omissions undertaken in good faith in rendering care at the scene of an accident or emergency to any victim thereof, or in transporting any such victim to a hospital or other facility where treatment or care is to be rendered; provided, however, that nothing in this section shall exonerate a law enforcement officer for gross negligence.
b. A municipal, county, or State law enforcement officer is not liable for civil damages for any injury resulting from or caused by that law enforcement officer’s motor vehicle pursuit of a person who was in the course of committing or attempting to commit a crime or offense under Title 2C of the New Jersey Statutes or Title 39 of the Revised Statutes. A municipal, county, or State law enforcement officer acting in good faith within the scope of his employment while engaged in a motor vehicle pursuit of a person who was in the course of committing or attempting to commit a crime or offense under Title 2C of the New Jersey Statutes or Title 39 of the Revised Statutes shall have immunity from criminal liability that otherwise might result by reason of his actions or failure to act, except in cases of willful or wanton misconduct.
(cf: P.L.1996, c.115, s.5)
2. This act shall take effect immediately.
STATEMENT
Currently, law enforcement officers may be reluctant to aggressively pursue fleeing offenders because of possible liability for accidents arising out of the pursuits.
This bill amends current law to clarify that an officer will not be civilly or criminally liable for injuries arising out of a motor vehicle pursuit of a person who was in the course of committing or attempting to commit a crime or motor vehicle offense.