[First Reprint]

ASSEMBLY, No. 744

STATE OF NEW JERSEY

219th LEGISLATURE

 

PRE-FILED FOR INTRODUCTION IN THE 2020 SESSION

 


 

Sponsored by:

Assemblyman  GORDON M. JOHNSON

District 37 (Bergen)

Assemblyman  JAMEL C. HOLLEY

District 20 (Union)

Assemblyman  HERB CONAWAY, JR.

District 7 (Burlington)

Assemblyman  BENJIE E. WIMBERLY

District 35 (Bergen and Passaic)

 

Co-Sponsored by:

Assemblyman Houghtaling, Assemblywomen Quijano, Pinkin and Assemblyman Webber and Assemblywoman McKnight

 

 

 

 

SYNOPSIS

     Requires law enforcement agencies to provide internal affairs and personnel files of law enforcement officers to other agencies under certain circumstances.

 

CURRENT VERSION OF TEXT

     As amended by the General Assembly on February 24, 2020.

  


An Act concerning law enforcement agencies and supplementing Title 52 of the Revised Statutes.

 

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

 

     1.    a.  1As used in this act, “law enforcement agency” means a State, interstate, municipal, or county law enforcement agency; a law enforcement agency of an educational institution that appoints law enforcement officers pursuant to P.L.1970, c.211 (C.18A:6-4.2 et seq.); or any other department, division, bureau, commission, board, or other authority of this State or political subdivision thereof which employs law enforcement officers.

     b.1  Prior to appointing an applicant who was previously employed by another law enforcement agency in this State, every 1[State, county, and municipal]1 law enforcement agency shall request the files, including but not limited to internal affairs and personnel files, of the applicant from each law enforcement agency that employed the applicant.  1Any confidential internal affairs files received by the law enforcement agency that requested them shall remain confidential and shall not be disclosed to any other party.1

     1[b.] c.1 Every [State, county, and municipal] law enforcement agency that receives a request pursuant to subsection 1[a.] b.1 of this section shall provide the applicant’s files to the [State, county, or municipal] law enforcement agency that requested them. 

     1[c.] d. Any provision of a contract entered into following the effective date of this act that would prohibit a law enforcement agency from providing files, including but not limited to internal affairs and personnel files, to another law enforcement agency pursuant to this section shall be deemed against public policy and unenforceable.

     e.1 The Attorney General shall issue guidelines or directives necessary to effectuate the provisions of this act.

 

     2.    This act shall take effect on the first day of the fourth month after enactment, but the Attorney General may take any administrative action in advance of the effective date as may be necessary.