ASSEMBLY, No. 3336

STATE OF NEW JERSEY

214th LEGISLATURE

 

INTRODUCED OCTOBER 7, 2010

 


 

Sponsored by:

Assemblyman  JOHN F. MCKEON

District 27 (Essex)

Assemblywoman  LINDA R. GREENSTEIN

District 14 (Mercer and Middlesex)

 

 

 

 

SYNOPSIS

     Establishes special environmental prosecutor.

 

CURRENT VERSION OF TEXT

     As introduced.

  


An Act establishing a special environmental prosecutor, supplementing Title 52 of the Revised Statutes, and amending N.J.S.2A:158-4.

 

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

 

     1.    (New section)  a.  Notwithstanding the provisions of sections 4 and 13 of P.L.1944, c.20 (C.52:17A-4 and 13) to the contrary, there is established in, but not of, the Department of Law and Public Safety, a special environmental prosecutor, whose sole function shall be to prosecute civil and criminal violations of the environmental laws of the State.

     b.    The special environmental prosecutor shall be appointed by the Governor with the advice and consent of the Senate, shall serve during the term of office of the Governor, and shall receive such salary as shall be provided by law.

     c.     The special environmental prosecutor may employ such professional, technical, research, and clerical staff as may be necessary, within the limits of available appropriations.

     d.    The special environmental prosecutor shall be entitled to call upon the assistance and services of the Attorney General, any county prosecutor, any law enforcement officer in the State, and any State, county, or local government official or employee for the purpose of carrying out the function of the prosecutor established pursuant to this act.

 

     2.    N.J.S.2A:158-4 is amended to read as follows:

     2A:158-4.  a.  The criminal business of the State shall be prosecuted by the Attorney General and the county prosecutors , except as provided in subsection b. of this section.

     b.    Criminal violations of the environmental laws of the State shall be prosecuted by the special environmental prosecutor established pursuant to P.L.    , c.    (C.        ) (pending before the Legislature as this bill).

(cf:  P.L.1970, c.74, s.20)

 

     3.    This act shall take effect immediately.

 

 

STATEMENT

 

     This bill would establish a special environmental prosecutor, in but not of, the Department of Law and Public Safety.  The function of the special environmental prosecutor would be to prosecute civil
and criminal violations of the environmental laws of the State.  The special environmental prosecutor would be appointed by the Governor with the advice and consent of the Senate and would serve during the term of the office of the Governor.