ASSEMBLY, No. 5792

STATE OF NEW JERSEY

219th LEGISLATURE

 

INTRODUCED JUNE 1, 2021

 


 

Sponsored by:

Assemblywoman  ANGELA V. MCKNIGHT

District 31 (Hudson)

 

 

 

 

SYNOPSIS

     Requires law enforcement agencies to establish review council in internal affairs unit to investigate law enforcement officers who participate in hate groups.

 

CURRENT VERSION OF TEXT

     As introduced.

  


An Act concerning law enforcement and amending P.L.1996, c.115.

 

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

 

     1.    Section 10 of P.L.1996, c.115 (C.40A:14-181) is amended to read as follows:   

     10.  a. Every law enforcement agency, including a police department of an institution of higher education established pursuant to P.L.1970, c.211 (C.18A:6-4.2 et seq.), shall adopt and implement guidelines which shall be consistent with the guidelines governing the "Internal Affairs Policy and Procedures" of the Police  Management Manual promulgated by the Police Bureau of the Division of Criminal Justice in the Department of Law and Public Safety, and shall be consistent with  any tenure or civil service laws,  and shall not supersede any existing contractual agreements.

     b.  The “Internal Affairs Policy and Procedures” of the Police  Management Manual shall require that the internal affairs unit or function of each law enforcement agency in this State to establish an extremist review council.  The council shall investigate official misconduct complaints alleging that a law enforcement officer engaged in misconduct while on or off duty by making public expressions of hate, participating in hate groups activities, or being a member of a hate group. 

     As used in this subsection, 

     “Hate group” means an organization that supports, advocates for, threatens, or practices genocide or violence toward any group of persons based on their race, ethnicity, nationality, religion, gender, gender identity, sexual orientation, or disability. 

     “Public expression of hate” means an explicit expression made in writing or speech by a law enforcement officer while on or off duty in a public forum, including, but not limited to, social media in a public or private discussion forum to advocate for, support, or threaten the genocide or violence toward any group of persons based on their race, ethnicity, nationality, religion, gender, gender identity, sexual orientation, or disability. 

(cf:  P.L.2015, c.52, s.1) 

 

     2. This act shall take effect on the first day of the fourth month next following the date of enactment but the Attorney General may take any anticipatory action in advance thereof as shall be necessary for the implementation of this act.

STATEMENT

 

     This bill requires the Division of Law and Public Safety to revise the “Internal Affairs Policy and Procedures” of the Police  Management Manual to require that the internal affairs unit or function of each law enforcement agency in this State to establish an extremist review council. 

     Under current law, every law enforcement agency in the State is required to adopt and implement guidelines consistent with those governing the “Internal Affairs Policy and Procedures” of the Police Management Manual promulgated by the Police Bureau of the Division of Criminal Justice in the Department of Law and Public Safety.

     Under the bill, these guidelines are to be revised to require each law enforcement agency to establish an extremist review council that would investigate official misconduct complaints alleging that a law enforcement officer engaged in misconduct while on or off duty by making public expressions of hate, participating in hate groups activities, or being a member of a hate group.