S3216

An Act concerning law enforcement officer identification requirements and supplementing Title 2C of the New Jersey Statutes.

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

1. This act shall be known and may be cited as the “Transparency in Federal Law Enforcement Activities Act.”

2. The Legislature finds and declares that:

a. The Constitution of the State of New Jersey vests the State with broad police powers to protect the safety, welfare, and liberty of its residents.

b. Consistent with the principles of federalism, the State retains sovereign authority over the conduct of its law enforcement officers, the management of its property, and the protection of the Constitutional rights of persons within its jurisdiction.

c. Federal immigration enforcement is a federal function; however, when federal agents operate within this State or seek cooperation from State or local law enforcement agencies, this cooperation should comply with State transparency, civil rights, and accountability standards.

d. The people of New Jersey have the right to know the identity and authority of any person exercising police powers within the State.

e. This level of transparency fosters public trust, prevents impersonation, and ensures that residents can verify the lawful authority of any person claiming to act under color of law.

f. Recent incidents involving unmarked or unidentified federal officers operating in other states have increased public concern about accountability and due process.

g. The purpose of this act is to ensure that federal, State, and local law enforcement personnel who cooperate during a law enforcement operation in this State conduct themselves in a transparent manner consistent with constitutional guarantees and the State’s sovereign responsibility to protect its residents.

3. As used in this act:

“Law enforcement operation” means any action taken to detain, arrest, or question a person under color of law.

“Federal agent” means an employee or contractor of a federal law enforcement agency including, but not limited to, the Department of Homeland Security, Immigration and Customs Enforcement (ICE), or Customs and Border Protection (CBP).

“Participating agency” means any State, county, or municipal law enforcement agency that cooperates or assists in a law enforcement operation.

4. a. A federal law enforcement operation shall not be conducted in this State or in cooperation with any State or local law enforcement agency unless all participating personnel:

(1) display clearly visible identification that includes the person’s name and agency of employment; and

(2) verbally state the person’s name and agency of employment upon the request of any person being questioned, detained, or arrested.

b. A State or local law enforcement officer shall not assist or participate in any law enforcement operation in which federal agents fail to comply with subsection a. of this section.

5. a. Any State or local law enforcement officer who violates the provisions of section 4 of this act shall be subject to administrative disciplinary action as permitted by law.

b. Any person who is questioned, detained, or arrested by a person in violation of section 4 of this act shall have a private right of action in the Superior Court for declaratory and injunctive relief.

c. Nothing in this act shall be construed to interfere with lawful federal action, but shall apply when State and local law enforcement agencies cooperate or act jointly with federal agents or in support of a federal law enforcement operation in this State.

6. The Attorney General shall establish guidelines as necessary to effectuate the provisions of this act.

7. This act shall take effect immediately

STATEMENT

This bill, entitled the “Transparency in Federal Enforcement Activities Act,” establishes identification requirements for law enforcement officers under certain circumstances.

Under the bill, a federal law enforcement operation cannot be conducted in this State or in cooperation with any State or local law enforcement agency unless all participating personnel:

(1) display clearly visible identification that includes the person’s name and agency of employment; and

(2) verbally state their name and agency of employment upon the request of any person being questioned, detained, or arrested.

The bill prohibits State or local law enforcement officers from assisting or participating in any law enforcement operation if federal agents do not comply with the bill’s identification requirements. Any State or law enforcement officer who violates the bill’s provisions is subject to administrative disciplinary action.

In addition, the bill creates a private right of action for declaratory and injunctive relief for any person who is questioned, detained, or arrested in violation of the bill’s provisions.

The bill states that its provisions are not to be construed as interfering with lawful federal action and apply when State and local law enforcement agencies provide support for a federal law enforcement operation or cooperate with, or act jointly with, federal agents in this State.

Under the bill, the Attorney General is to establish guidelines necessary to effectuate the bill’s provisions.