ASSEMBLY, No. 194

STATE OF NEW JERSEY

216th LEGISLATURE

PRE-FILED FOR INTRODUCTION IN THE 2014 SESSION

Sponsored by:

Assemblywoman  AMY H. HANDLIN

District 13 (Monmouth)

Assemblywoman  CAROLINE CASAGRANDE

District 11 (Monmouth)

Assemblyman  RONALD S. DANCER

District 12 (Burlington, Middlesex, Monmouth and Ocean)

Co-Sponsored by:

Assemblyman Caputo

SYNOPSIS

     Requires judge approval prior to installation of video camera by public entity.

CURRENT VERSION OF TEXT

     Introduced Pending Technical Review by Legislative Counsel

An Act concerning video recording devices and supplementing Title 2A of the New Jersey Statutes.

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

     1.    a.   A public entity may install a video camera, capable of recording a clear image of a particular area of the grounds under the jurisdiction of the public entity, for lawful purposes as hereinafter provided.

     b.    No public entity shall install a video camera unless that public entity files an application with a Superior Court judge and receives a court order authorizing the installation and use of the video camera.

c.    Each application for a court order authorizing the installation and use of a video camera shall be made in writing upon oath or affirmation and shall state:

     (1)   a statement of facts establishing the purpose of the video camera and the character of the information that the public entity intends to obtain from it;

     (2)   the location of the particular place where the video camera is to be installed and used;

     (3)   a statement of the period of time during which the video camera is to be used; and

     (4)   a statement of facts demonstrating the necessity of a video camera installation at the particular location.

     d.    The court shall make a determination to issue or deny a court order within 30 days after the public entity submits an application to the court.

     e.    Any public entity aggrieved by the determination of the Superior Court, pursuant to subsection d. of this section, may appeal the determination.

     2.    This act shall take effect immediately.

STATEMENT

     This bill would require a Superior Court judge to approve any video camera to be installed by a public entity.

     The bill permits a public entity to install a video camera, capable of recording a clear image of a particular area of the grounds under the jurisdiction of the public entity, for lawful purposes.  However, a public entity would only be able to install a video camera after filing an application with a Superior Court judge and receiving a court order authorizing the installation and use of the video camera.

Each application for a court order authorizing the installation and use of a video camera would be made in writing upon oath or affirmation, and would state: (1) a statement of facts establishing the purpose of the video camera and the character of the information that the public entity intends to obtain from it; (2) the location of the particular place where the video camera is to be installed and used; (3) a statement of the period of time during which the video camera is to be used; and (4) a statement of facts demonstrating the necessity of a video camera installation at the particular location.

The court would be required to make a determination to issue or deny a court order within 30 days after the public entity submits an application to the court.  Any public entity aggrieved by the determination may appeal it.