S2718

An Act establishing a Zack Alert System, designated as “Zackhary’s Law,” and supplementing Title 52 of the Revised Statutes.

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

1. As used in this act:

“Lead law enforcement agency” means a law enforcement agency that is conducting an investigation to apprehend a person suspected of causing serious bodily injury to or the death of another person by knowingly being involved in a motor vehicle accident and knowingly leaving the scene of that accident under circumstances that violate the provisions of R.S.39:4-129.

“Public entity” means the State and any county, municipality, district, or political subdivision and any authority, agency, board, or body thereof that, on the effective date of P.L. c. (C. ) (pending before the Legislature as this bill), is under contract with a wireless telephone company providing commercial mobile service as defined in subsection (d) of 47 U.S.C. s.332 that participates in the Statewide Wireless Zack Alert Initiative.

“Statewide Wireless Zack Alert Initiative” means the voluntary partnership between the wireless industry, State and local law enforcement agencies, and the to distribute Zack Alert text messages to wireless subscribers who register to receive the messages and are able to receive text messages on their wireless telephones or electronic communication devices.

2. a. The Attorney General shall establish a Zack Alert System, a Statewide program enabling the rapid dissemination of information in order to facilitate the apprehension of persons suspected of knowingly being involved in a motor vehicle accident and knowingly leaving the scene of that accident, under circumstances that violate the provisions of R.S.39:4-129, if the accident results in serious bodily injury to or the death of another person. The program shall be a cooperative effort between State and local law enforcement agencies, port, tunnel, highway, and bridge authorities, and the media including, but not limited to, print, radio, social media, and television media outlets.

b. The Attorney General shall notify the media serving the State of New Jersey of the establishment of the Zack Alert System and invite their voluntary participation.

c. The Attorney General may adopt guidelines to effectuate the purposes of this act.

3. a. A Zack Alert authorized pursuant to this act may be activated if all of the following criteria are met:

(1) the lead law enforcement agency confirms that a person has been seriously injured or killed as a result of a motor vehicle accident and a person is suspected of knowingly being involved in the accident and knowingly leaving the scene of that accident under circumstances that violate the provisions of R.S.39:4-129, and a suspect has not been apprehended;

(2) there is sufficient information available to indicate that a Zack Alert would assist in locating the suspect; and

(3) the lead law enforcement agency requests that a Zack Alert be initiated.

b. Nothing in this section shall require that a Zack Alert be initiated if the criteria under paragraphs (1), (2), and (3) of subsection a. of this section are met, but it is determined by the lead law enforcement agency that the activation of a Zack Alert would cause public harm or would compromise an ongoing investigation.

c. Upon declaration of a Zack Alert, the lead law enforcement agency shall immediately notify the Department of Transportation, the New Jersey Turnpike Authority, and the South Jersey Transportation Authority as deemed appropriate by the agency.

4. a. Any media outlet that participates in the Zack Alert System established pursuant to section 2 of P.L. c. (C. ) (pending before the Legislature as this bill) shall voluntarily agree, upon notice of the issuance of a Zack Alert, to transmit emergency alerts to inform the public of a person suspected of causing serious bodily injury to or the death of another person by knowingly being involved in a motor vehicle accident and knowingly leaving the scene of that accident within the service regions of that media outlet. The notice shall be provided through the lead law enforcement agency.

b. The alerts shall be read after a distinctive sound tone and the statement: "This is a Zack Hit and Run Alert." The alerts shall be broadcast as often as possible, pursuant to the guidelines established by the New Jersey Broadcasters' Association, for the first three hours. After the initial three hours, the alert shall be rebroadcast at intervals as the lead law enforcement agency and the participating media deem appropriate.

c. The alerts shall include a description of the suspect or suspect’s vehicle and any other information the lead law enforcement agency deems appropriate. The lead law enforcement agency shall, in a timely manner, update the media with new information regarding the suspect, when appropriate.

d. The alerts also shall provide information concerning the method by which members of the public who have information relating to the suspect may contact the lead law enforcement agency.

e. The alerts shall terminate upon notice from the lead law enforcement agency.

5. Every officer or employee of a public entity who possesses a wireless telephone or electronic communication device which is issued by a public entity, is capable of receiving text messages, and is enrolled in or subscribed to a service or plan that enables the telephone or device to receive text messages shall subscribe to the Statewide Wireless Zack Alert Initiative to receive wireless Zack Alert text messages. The officer or employee shall, at a minimum, enroll the wireless telephone or electronic communication device in the initiative to receive wireless Zack Alert text messages for a zip code that corresponds to the city of the officer’s or employee’s permanent residence and primary place of business. In the event that the officer or employee is not authorized to manage the account for the wireless telephone or electronic communication device issued by a public entity, the officer or employee shall request the administrator of the account to enroll the wireless telephone or electronic communication device in the Statewide Wireless Zack Alert Initiative to receive Zack Alert text messages in accordance with the provisions of this act.

6. The Attorney General, with the assistance of the participating media, shall develop and undertake a public education campaign to inform the public about the Zack Alert System.

7. This act shall take effect on the first day of the seventh month following enactment, but the Attorney General may take such anticipatory administrative action in advance thereof as shall be necessary for the implementation of this act.

STATEMENT

This bill establishes an emergency Zack Alert System. The purpose of the system is to rapidly disseminate information to facilitate the apprehension of persons suspected of causing serious bodily injury to or the death of another person by knowingly being involved in a motor vehicle accident and knowingly leaving the scene of that accident under certain circumstances.

Under the provisions of the bill, the system is to be a voluntary, cooperative effort between State and local law enforcement agencies; the Department of Transportation, the New Jersey Turnpike Authority, and the South Jersey Transportation Authority; and the media including, but not be limited to, print, radio, social media, and television media outlets. The bill requires the Attorney General to notify the media serving the State of New Jersey of the establishment of the Zack Alert System, and to invite their voluntary participation.

A Zack Alert may be authorized if all the requirements under the bill are met. However, the bill grants the lead law enforcement agency discretion to refrain from authorizing a Zack alert if it determines that the activation of the alert would cause public harm or would compromise an ongoing investigation. Upon declaration of a Zack Alert, the participating lead law enforcement agency is required to immediately notify the Department of Transportation, the New Jersey Turnpike Authority, and the South Jersey Transportation Authority as deemed appropriate by the lead law enforcement agency.

In addition, the bill requires every officer or employee of a public entity who possesses a wireless telephone or electronic communication device that is issued by a public entity and is capable of receiving text messages to subscribe to the Statewide Wireless Zack Alert Initiative to receive wireless Zack Alert text messages.

This bill is designated “Zackhary’s Law,” in honor of Zackhary Simmons who was killed in Hoboken by a driver who fled the scene and was later arrested in New York.