S1282

An Act concerning bias incident investigation standards and supplementing Title 52 of the Revised Statutes.

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

1. a. As used in this section, “bias incident” means any suspected or confirmed violation of paragraph (1) or (2) of subsection a. of section 1 of P.L.2001, c.443 (C.2C:16-1).

b. The Attorney General shall maintain and periodically review the guidelines on bias incident investigation standards, and revise the guidelines as need may require.

c. The guidelines on bias incident investigation standards shall, at a minimum:

(1) require county and municipal law enforcement agencies to report all confirmed or suspected bias incidents through the Electronic Uniform Crime Reporting system as soon as practicable, but not more than 24 hours after the initial law enforcement response;

(2) require county and municipal law enforcement agencies to immediately notify the Attorney General and the county prosecutor when the suspected or confirmed bias incident involves circumstances to be determined by the Attorney General, which may include, but not be limited to: homicide, aggravated sexual assault, sexual assault, aggravated assault, or arson; an organized hate group as the perpetrator; or a potential to generate large-scale public unrest;

(3) require county prosecutors to promptly notify the Attorney General when they intend to file an accusation or seek an indictment alleging bias intimidation;

(4) set forth procedures for the initial and follow-up investigations of a reported bias incident, including the responsibilities of an investigator or a supervisor upon arrival at the scene;

(5) establish criteria for law enforcement officers to apply in confirming a bias incident;

(6) establish requirements for providing instant notification, through means that the Attorney General deems appropriate, to the Office of Homeland Security and Preparedness, the Division of State Police, the Division of Criminal Justice, and the bias crime officers of each county prosecutor’s office;

(7) ensure that a victim of a bias incident receives appropriate information and referral to the Division on Civil Rights when the incident involves a suspected or confirmed violation of the “Law Against Discrimination,” P.L.1945, c.169 (C.10:5-1 et seq.); and

(8) include provisions for appropriate training and continuing education for law enforcement officers on detecting and reporting bias incidents and investigating and prosecuting bias crimes.

d. The Attorney General shall ensure that the chief or director of every county and municipal law enforcement agency, every municipal and county prosecutor, and the Superintendent of State Police are provided with prompt notice of any revisions to the guidelines on bias incident investigation standards.

2. This act shall take effect immediately.

STATEMENT

This bill concerns the Attorney General guidelines on bias incident investigation standards.

Under the bill, the Attorney General is to maintain and periodically review the guidelines on bias incident investigation standards and revise the guidelines as needed.

The bill requires the guidelines to, at a minimum:

1) require county and municipal law enforcement agencies to report all confirmed or suspected bias incidents through the Electronic Uniform Crime Reporting system as soon as practicable, but not more than 24 hours after the initial law enforcement response;

2) require county and municipal law enforcement agencies to immediately notify the Attorney General and the county prosecutor when the suspected or confirmed bias incident involves certain circumstances, as determined by the Attorney General;

3) require county prosecutors to promptly notify the Attorney General when they intend to file an accusation or seek an indictment alleging bias intimidation;

4) set forth procedures for initial and follow-up investigations of a reported bias incident, including the responsibilities of an investigator or a supervisor upon the arrival at the scene;

5) establish criteria for law enforcement officers to apply in confirming a bias incident;

6) establish requirements for providing instant notification, through means that the Attorney General deems appropriate, to the Office of Homeland Security and Preparedness, the Division of State Police, the Division of Criminal Justice, and the bias crime officers of each county prosecutor’s office;

7) ensure that a victim of a bias incident receives appropriate information and referral to the Division on Civil Rights when the incident involves a suspected or confirmed violation of the “Law Against Discrimination”; and

8) include provisions for training and continuing education for law enforcement officers on detecting and reporting bias incidents and investigating and prosecuting bias crimes.

Finally, the bill requires the Attorney General to ensure that the chief or director of every county and municipal law enforcement agency, every municipal and county prosecutor, and the Superintendent of State Police are provided with prompt notice of any revisions to the guidelines on bias incident investigation standards.

Concerns AG guidelines on bias incident investigation standards.