A5222

An Act concerning law enforcement officers and amending P.L.1991, c.465 and P.L.1983, c.105.

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

1. Section 1 of P.L.1991, c.465 (C.39:4-10.1) is amended to read as follows:

1. a. A person under 17 years of age shall not operate, or ride upon a bicycle as a passenger, unless that person is wearing a properly fitted and fastened bicycle helmet which meets the standards of the American National Standards Institute (ANSI Z90.4 bicycle helmet standard) or the Snell Memorial Foundation's 1990 Standard for Protective Headgear for Use in Bicycling. This requirement shall apply to a person who rides upon a bicycle while in a restraining seat which is attached to the bicycle or in a trailer towed by the bicycle.

As used in this act, "bicycle" means a vehicle with two wheels propelled solely by human power and having pedals, handle bars and a saddle-like seat. The term shall include a bicycle for two or more persons having seats and corresponding sets of pedals arranged in tandem.

b. The director shall publish a list of bicycle helmets which meet the standards described in subsection a. of this section and shall provide for its distribution in as many locations frequented by the public as the director deems appropriate and practicable.

c. The requirement in subsection a. of this section shall apply at all times while a bicycle is being operated on any property open to the public or used by the public for pedestrian and vehicular purposes; however, a municipality may by ordinance exempt from this requirement a person operating or riding on a bicycle as a passenger when the bicycle is operated:

(1) on a road or highway closed to motor vehicle traffic and limited to pedestrian or bicycle use at all times or only during specified periods of time during which bicycles may be operated; or

(2) exclusively on a trail, route, course, boardwalk, path or other area which is set aside for the use of bicycles or for the use of pedestrians and bicycle operation is not otherwise prohibited. However, an exemption may not be granted under this paragraph for any portion of a trail, route, course, boardwalk, path or other area which is immediately adjacent to a road or highway used by motor vehicle traffic and which does not contain a barrier of sufficient height and rigidity to prevent the inadvertent or deliberate entry of a bicycle operator onto the road or highway.

d. An ordinance enacted pursuant to subsection c. of this section shall specify those roads, highways, trails, routes, courses, boardwalks, paths or areas within the municipality where helmets are not required during the operation of a bicycle.

e. When a bicycle is being operated in an area where bicycle helmets are not required, the operator or a passenger, except a passenger in a restraining seat or trailer, shall dismount from the bicycle and walk whenever it is necessary to enter a crosswalk or to cross a road or highway upon which motor vehicle traffic is permitted.

f. Nothing in section 1 of P.L.1979, c.264 (C.2C:33-15) or section 3 of P.L.2021, c.25 (C.2C:30-6.1) shall be construed to prohibit a law enforcement officer from speaking to, issuing a warning pursuant to section 2 of P.L.1991, c.465 (C.39:4-10.2), or imposing any applicable penalties on a person under 17 years of age or imposing a fine on the person’s parent or guardian pursuant to section 2 of P.L.1991, c.465 (C.39:4-10.2) for the failure of the person under 17 years of age to wear a helmet as required pursuant to this section.

(cf: P.L.2005, c.208, s.1)

2. Section 17 of P.L.1983, c.105 (C.39:4-14.3q) is amended to read as follows:

17. No person shall operate a motorized bicycle unless he wears a protective helmet of a type approved by the director. Nothing in section 1 of P.L.1979, c.264 (C.2C:33-15) or section 3 of P.L.2021, c.25 (C.2C:30-6.1) shall be construed to prohibit a law enforcement officer from speaking to, warning, or imposing any applicable penalties on a juvenile for the failure to wear a helmet as required by this section.

As used in this section, “juvenile” means an individual who is under the age of 18 years.

(cf: P.L.1983, c.105, s.17)

3. This act shall take effect immediately.

STATEMENT

This bill concerns certain interactions between law enforcement officers and juveniles.

Under current law, a person under the age of 17 is not to operate or ride on a bicycle as a passenger unless the person is wearing a helmet. In addition, a person is not to operate a motorized bicycle unless the person wears a helmet.

Current law also provides that law enforcement officers are prohibited from taking certain actions regarding the possession or consumption of alcoholic beverages or cannabis items against persons who are under the legal age to purchase these items. Current law also provides that law enforcement officers are guilty of the crime of official deprivation of civil rights if the officer knowingly violates this provision.

This bill clarifies that the prohibitions under current law on certain actions by law enforcement officers regarding the possession or consumption of alcoholic beverage or cannabis items by underage persons is not to be construed to prohibit a law enforcement officer from speaking to, issuing a warning as permitted by current law, or imposing any applicable penalties on a person under 17 years of age or imposing a fine on the person’s parent or guardian as permitted by current law for the failure of the person under 17 years of age to wear a helmet when operating or riding a bicycle.

In addition, the bill provides that current law is not to be construed to prohibit a law enforcement officer from speaking to, warning, or imposing any applicable penalties on a juvenile for the failure to wear a helmet when operating a motorized bicycle.