ASSEMBLY, No. 583

 

STATE OF NEW JERSEY

 

Introduced Pending Technical Review by Legislative Counsel

 

PRE-FILED FOR INTRODUCTION IN THE 1996 SESSION

 

 

By Assemblyman LUSTBADER

 

 

An Act concerning law enforcement officers' liability for injuries under certain circumstances and amending R.S.39:4-91.

 

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

 

    1. R.S.39:4-91 is amended to read as follows:

    39:4-91. a. The driver of a vehicle upon a highway shall yield the right of way to any authorized emergency vehicle when it is operated on official business, or in the exercise of the driver's profession or calling, in response to an emergency call or in the pursuit of an actual or suspected violator of the law and when an audible signal by bell, siren, exhaust whistle or other means is sounded from the authorized emergency vehicle and when the authorized emergency vehicle, except a police vehicle, is equipped with at least one lighted lamp displaying a red light visible under normal atmospheric conditions from a distance of at least five hundred feet to the front of the vehicle.

    b. This section shall not relieve the driver of any authorized emergency vehicle from the duty to drive with due regard for the safety of all persons, nor shall it protect the driver from the consequences of his reckless disregard for the safety of others.

    c. Notwithstanding the provisions of subsection b. of this section, neither a public entity nor a law enforcement officer is liable for any injury arising out of a law enforcement officer's motor vehicle pursuit if the law enforcement officer complied with the guidelines or policy adopted by the Attorney General concerning motor vehicle pursuits.

    d. Nothing in this section shall be construed to limit the immunity provided to a public employee or a public entity under the provisions of the "New Jersey Tort Claims Act," N.J.S.59:1-1 et seq.

(cf: P.L.1951, c.23, s.49)

 

    2. This act shall take effect immediately.


STATEMENT

 

    Currently, law enforcement officers may be reluctant to aggressively pursue fleeing offenders because of the officers' possible liability for accidents arising out of the pursuits.

    This bill provides that an officer involved in a pursuit will not be liable for injuries arising out of that pursuit if the officer acted in compliance with the Attorney General's guidelines or policy for law enforcement officers concerning high-speed pursuits. State-wide guidelines for motor vehicle pursuits were first issued by the Attorney General in 1985, and were subsequently revised in February, 1993. The revisions, entitled "New Jersey Police Vehicular Pursuit Policy," describe the manner and circumstances in which law enforcement officers may safely resort to high speed driving tactics in order to pursue and apprehend an offender.

    The immunity from liability granted to law enforcement officers would also apply to public entities. This bill also specifically provides that it is not to be construed to limit any immunities granted to public employees and public entities under the Tort Claims Act.

 

 

 

Limits law enforcement officers' liability for certain injuries occurring during high-speed chases.