Sponsored by:
Assemblyman REED GUSCIORA
District 15 (Hunterdon and Mercer)
Assemblyman GORDON M. JOHNSON
District 37 (Bergen)
Assemblywoman SHAVONDA E. SUMTER
District 35 (Bergen and Passaic)
Assemblywoman ELIZABETH MAHER MUOIO
District 15 (Hunterdon and Mercer)
Co-Sponsored by:
Assemblywoman Spencer, Assemblyman McKeon, Assemblywoman Tucker, Assemblyman Garcia, Assemblywoman Watson Coleman, Assemblymen S.Kean, Green and Ciattarelli
SYNOPSIS
Requires prosecutorial or law enforcement review of fatal incidents involving police officers or State Police.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning investigations of fatal incidents involving police officers, amending P.L.1996, c.115, and supplementing Title 53 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 10 of P.L.1996, c.115 (C.40A:14-181) is amended to read as follows:
10. a. Every law enforcement agency shall adopt and implement guidelines which shall be consistent with the guidelines governing the "Internal Affairs Policy and Procedures" of the Police Management Manual promulgated by the Police Bureau of the Division of Criminal Justice in the Department of Law and Public Safety, and shall be consistent with any tenure or civil service laws, and shall not supersede any existing contractual agreements.
b. A guideline shall be adopted pursuant to subsection a. of this section to require that at least two independent persons investigate any incident involving an act or omission by a police officer, while in the actual performance of the officer’s official duties, which directly results in the death of an individual.
c. For purposes of this section:
“Independent person” means an individual who is qualified by training and experience to investigate a fatal incident, and who is employed by the county prosecutor of a county other than where the fatal incident occurred.
(cf: P.L.1996, c.115, s.10)
2. (New section) a. The Superintendent of the New Jersey State Police shall ensure that at least two independent persons investigate any incident involving an act or omission by a member of the New Jersey State Police, while in the actual performance of the member’s official duties, which directly results in the death of an individual.
b. For purposes of this section:
“Independent person” means an individual who is qualified by training and experience to investigate a fatal incident, and who is not employed by the New Jersey State Police.
3. This act shall take effect on the first day of the third month after enactment.
STATEMENT
This bill requires county and municipal law enforcement agencies to adopt a guideline mandating that two independent persons investigate an incident where a person has died as a direct result of an act or omission by a police officer while in the actual performance of the officer’s official duties. An “independent person” is defined as an individual qualified to investigate a fatal incident, and who is employed by the county prosecutor of a county other than where the fatal incident occurred.
The bill also requires the Superintendent of the State Police to ensure two independent persons investigate an incident in which an act or omission by a member of the New Jersey State Police, while in the actual performance of the member’s duties, directly results in the death of an individual. An independent person is someone who is not employed by the New Jersey State Police.
In the view of the sponsor, the bill enhances accountability and transparency of a fatal incident investigation involving an act or omission by a police officer, and reduces the likelihood that a conflict of interest will arise during an investigation.