Sponsored by:
Senator JEFF VAN DREW
District 1 (Cape May, Atlantic and Cumberland)
SYNOPSIS
Provides immunity for police officers who are subjects of certain disciplinary and administrative hearings.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning immunity afforded certain law enforcement officers and supplementing chapter 14 of Title 40A of the New Jersey Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. In any municipality where Title 11A of the New Jersey Statutes is not operative, a law enforcement officer shall not be compelled to testify or produce evidence against himself in a hearing in which he is the subject of disciplinary charges or a written complaint filed pursuant to N.J.S.40A:14-147 which may result in that officer’s suspension; removal from office, position or employment; reduction in rank, office or position; or being fined.
The immunity afforded herein shall be narrowly construed to apply only to hearings involving disciplinary and administrative charges and complaints. It shall not apply to any criminal proceeding under the laws of this State.
2. This act shall take effect on the first day of the third month following enactment.
STATEMENT
Under the provisions of this bill, a law enforcement officer in a non-civil service municipality would not be required to testify or produce evidence against himself in any hearing involving disciplinary charges or administrative charges that might result in the officer’s suspension; removal from office, position or employment; reduction in rank, office or position, or in being fined.
The provisions of the bill specify that this immunity applies only to hearings involving disciplinary and administrative charges and complaints. It does not apply to any criminal proceeding.
It is the sponsor’s understanding that law enforcement officers who work in civil service municipalities currently are afforded such immunity.