A3834 1R

An Act concerning special law enforcement officers and amending P.L.1985, c.439.

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

1. Section 3 of P.L.1985, c.439 (C.40A:14-146.10) is amended to read as follows:

3. a. Any local unit may, as it deems necessary, appoint special law enforcement officers sufficient to perform the duties and responsibilities permitted by local ordinances authorized by N.J.S.40A:14-118 or ordinance or resolution, as appropriate, authorized by N.J.S.40A:14-106 and within the conditions and limitations as may be established pursuant to this act.

b. A person shall not be appointed as a special law enforcement officer unless the person:

(1) [Is] is a resident of this State during the term of appointment;

(2) [Is] is able to read, write, and speak the English language well and intelligently and has a high school diploma or its equivalent;

(3) [Is] is sound in body and of good health;

(4) [Is] is of good moral character;

(5) [Has] has not been convicted of any offense involving dishonesty or which would make him unfit to perform the duties of his office;

(6) [Has] has successfully undergone the same psychological testing that is required of all full-time police officers in the municipality or county or, with regard to a special law enforcement officer hired for a seasonal period by a resort municipality which requires psychological testing of its full-time police officers, has successfully undergone a program of psychological testing approved by the commission[.] ; and

(7) is less than 65 years of age; for the purposes of this paragraph, special law enforcement officers who attain 65 years of age during their term of appointment shall conclude their service on the first day of the next calendar month. ¹The age limitation established pursuant to this paragraph shall not apply to a Class One special law enforcement officer appointed prior to the effective date of P.L. , c. (pending before the Legislature as this bill).¹

c. Every applicant for the position of special law enforcement officer appointed pursuant to this act shall have fingerprints taken, which fingerprints shall be filed with the Division of State Police
and the Federal Bureau of Investigation.

d. [No] A person shall not be appointed to serve as a special law enforcement officer in more than one local unit at the same time, [nor shall] and any permanent, regularly appointed full-time police officer of any local unit shall not be appointed as a special law enforcement officer in any local unit. [No] A public official with responsibility for setting law enforcement policy or exercising authority over the budget of the local unit or supervision of the police department of a local unit shall not be appointed as a special law enforcement officer.

e. Before any special law enforcement officer is appointed pursuant to this act, the chief of police, or, in the absence of the chief, other chief law enforcement officer of the local unit shall ascertain the eligibility and qualifications of the applicant and report these determinations in writing to the appointing authority.

f. Any person who at any time prior to his appointment had served as a duly qualified, fully-trained, full-time officer in any municipality or county of this State and who was separated from that prior service in good standing, shall be eligible to serve as a special law enforcement officer consistent with guidelines promulgated by the commission. The training requirements set forth in section 4 of P.L.1985, c.439 (C.40A:14-146.11) may be waived by the commission with regard to any person eligible to be appointed as a special law enforcement officer pursuant to the provisions of this section.

g. In addition to the qualifications established in subsection b. of this section, a person shall not be appointed as a Class Three special law enforcement officer unless the person:

(1) is a retired law enforcement officer [who is less than 65 years of age]; for the purposes of this paragraph, a law enforcement officer shall not be considered retired if the officer's return to employment violates any federal or State law or regulation which would deem the officer's retirement as not being bona fide;

(2) had served as a duly qualified, fully-trained, full-time officer in any municipality or county of this State or as a member of the State Police and was separated from that prior service in good standing, within three years of appointment, except during the first year following the effective date of P.L.2016, c.68, was separated from that prior service within five years of appointment;

(3) is physically capable of performing the functions of the position, determined in accordance with Police Training Commission guidelines;

(4) possesses a New Jersey Police Training Commission Basic Police Officer Certification or New Jersey State Police Academy Certification;

(5) has completed the training course for safe schools resource officers developed pursuant to subsection a. of section 2 of P.L.2005, c.276 (C.52:17B-71.8); and

(6) is hired in a part-time capacity.

For the purposes of this subsection, "good standing" shall exclude a retirement resulting from injury or incapacity.

(cf: P.L.2016, c.68, s.1)

2. This act shall take effect immediately.