SENATE, No. 2988

STATE OF NEW JERSEY

214th LEGISLATURE

 

INTRODUCED JUNE 29, 2011

 


 

Sponsored by:

Senator  SHIRLEY K. TURNER

District 15 (Mercer)

 

 

 

 

SYNOPSIS

     Authorizes law enforcement agency to inform the president of a public or independent institution of higher education when a student is charged or convicted of certain crimes.

 

CURRENT VERSION OF TEXT

     As introduced.

  


An Act concerning law enforcement procedures and supplementing chapter 43 of Title 2C of the New Jersey Statutes.

 

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

 

     1.    a.  At the time of a criminal charge or conviction involving any student who is enrolled in a public or independent institution of higher education in the State, the law enforcement or prosecuting agency may provide written notice to the president of the institution of the identity of that student, the offense charged, and the conviction if the offense constitutes a crime, and the offense:

     (1) resulted in death or serious bodily injury or involved an attempt or conspiracy to cause death or serious bodily injury;

     (2)   involved the unlawful use or possession of a firearm or other weapon;

     (3)   involved the unlawful manufacture, distribution, or possession with intent to distribute a controlled dangerous substance or controlled substance analog;

     (4)   was committed with a purpose to intimidate an individual or group of individuals because of race, color, religion, sexual orientation, or ethnicity;

     (5)   is a crime or offense set forth in chapter 14 of Title 2C of the New Jersey Statutes; or

     (6)   is a crime of the first, second, or third degree.

     b.    Nothing in this section prohibits a law enforcement or prosecuting agency from providing the president of an institution with information identifying one or more students who are under investigation or have been taken into custody for commission of any act that would constitute an offense if the information may be useful to the president in maintaining order, safety, or discipline in the institution. 

     c.     Information provided to the president pursuant to this section shall be maintained by the institution and shall be treated as confidential, but may be made available to such members of the staff and faculty of the institution as the president deems appropriate for maintaining order, safety, or discipline in the institution.

 

     2.    This act shall take effect immediately.

 

 

STATEMENT

 

     This bill provides that at the time of a criminal charge or conviction of any student who is enrolled in a public or independent institution of higher education in the State, the law enforcement or prosecuting agency may provide written notice to the president of the institution of the identity of that student, the offense charged, and the conviction if the offense constitutes a crime, and the offense:

     (1)   resulted in death or serious bodily injury or involved an attempt or conspiracy to cause death or serious bodily injury;

     (2)   involved the unlawful use or possession of a firearm or other weapon;

     (3)   involved the unlawful manufacture, distribution or possession with intent to distribute a controlled dangerous substance or controlled substance analog;

     (4)   was committed with a purpose to intimidate an individual or group of individuals because of race, color, religion, sexual orientation or ethnicity;

     (5)   is a crime or offense set forth in chapter 14 of Title 2C of the New Jersey Statutes; or

     (6)   is a crime of the first, second, or third degree.

     The bill also clarifies that a law enforcement or prosecuting agency is not prohibited from providing the president of an institution with information identifying one or more students who are under investigation or have been taken into custody for commission of any act that would constitute an offense if the information may be useful to the president in maintaining order, safety, or discipline in the institution. 

     The bill provides that any information provided to the president will be maintained by the institution and must be treated as confidential, but may be made available to such members of the staff and faculty of the institution as the president deems appropriate for maintaining order, safety, or discipline in the institution.