ASSEMBLY, No. 739

STATE OF NEW JERSEY

219th LEGISLATURE

PRE-FILED FOR INTRODUCTION IN THE 2020 SESSION

Sponsored by:

Assemblyman  GORDON M. JOHNSON

District 37 (Bergen)

Assemblywoman  CAROL A. MURPHY

District 7 (Burlington)

Co-Sponsored by:

Assemblywoman DiMaso

SYNOPSIS

     Affords civil immunity to certain police officers.

CURRENT VERSION OF TEXT

     Introduced Pending Technical Review by Legislative Counsel.

An Act concerning immunity from civil liability for certain police officers 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.  Notwithstanding the provisions of any law to the contrary, a police officer duly appointed by the governing body of an independent institution of higher education pursuant to section 1 of P.L.1970, c.211 (C.18A:6-4.2) shall not be liable for damages if the officer acts in good faith in the execution or enforcement of any law.

     b.    Notwithstanding the provisions of any law to the contrary, an independent institution of higher education shall not be liable for damages if a police officer duly appointed pursuant to section 1 of P.L.1970, c.211 (C.18A:6-4.2) acts in good faith in the execution or enforcement of any law.

     c.     Nothing in this act shall provide immunity from civil liability in excess of the immunity from civil liability provided under current law to other duly appointed police officers, and other governing bodies and authorities authorized to appoint police officers.

     2.    This act shall take effect immediately.

STATEMENT

      This bill affords immunity from civil liability for damages to police officers appointed by the governing body of an independent institution of higher education if they act in good faith in the execution or enforcement of any law. 

      This bill similarly provides civil immunity to the independent institution of higher education where the police officer is appointed. This bill does not provide immunity from civil liability in excess of the immunity from civil liability provided to other duly appointed police officers or to other governing bodies and authorities authorized to appoint police officers. 

      According to the New Jersey State Police Uniform Crime Report, in 2016 there were 36,290 full-time police officers employed in this State.  Universities and colleges employed 441 of these officers, 71 of which were employed by independent colleges and universities.  These 71 police officers are the only ones who currently are not afforded immunity from civil liability.