ASSEMBLY, No. 1077
STATE OF NEW JERSEY
Introduced Pending Technical Review by Legislative Counsel
PRE-FILED FOR INTRODUCTION IN THE 1996 SESSION
By Assemblymen CORODEMUS and T. SMITH
An Act concerning police assistance among municipalities and amending N.J.S.40A:14-156 and P.L.1976, c.45.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. N.J.S.40A:14-156 is amended to read as follows:
40A:14-156. a. In the event of an emergency, the chief or other head of any municipal police department and force or any park police department or system, municipal fire department and force, volunteer fire company, or first aid or ambulance squad, corps or company, or the mayor or chief executive officer of the municipality may request, from the chief or other head of the police department and force of any other municipality, assistance outside the territorial jurisdiction of the department to which such request is directed for police aid, in order to protect life and property or to assist in suppressing a riot or disorder [and while]. While so acting, the members of the police department and force supplying [such] the aid shall have the same powers and authority as have the members of the police department and force of the municipality in which [such] the aid is being rendered. [Said] The members shall also have, while so acting, such rights and immunities as they may otherwise enjoy in the performance of their normal duties in the municipality, or other territorial jurisdiction, rendering [such] the assistance.
b. In situations not constituting an emergency and pursuant to an agreement under section 1 of P.L.1976, c.45 (C.40A:14-156.1), the chief or other head of any municipal police department and force or any park police department or system may request ,with the approval of the county prosecutor, from the chief or other head of the police department and force of any other municipality, assistance outside the territorial jurisdiction of the department to which such request is directed for police aid, including, but not limited to, aid for the detection, investigation and apprehension of criminal offenders. The members of the police department and force supplying the aid shall have the same powers and authority as have the members of the police department and force of the municipality in which the aid is being rendered. The members shall also have, while so acting, such rights and immunities as they may otherwise enjoy in the performance of their normal duties in the municipality, or other territorial jurisdiction, rendering the assistance.
c. The chief or head of the police department and force to whom [such] a request for emergency assistance is made shall, in the case of a contiguous municipality, provide such personnel and equipment as requested to the extent possible without endangering person or property within the municipality rendering such assistance.
d. Any municipality receiving assistance hereunder shall pay to the police department and force providing the assistance a sum computed at the rate of $3.00 for each member and $5.00 for each vehicle for each hour supplied unless terms and conditions for payment are otherwise provided for in an agreement between the several municipalities.
e. If any member of [such other] a police department and force in rendering [such] assistance pursuant to this section shall suffer a casualty or death, he or his designee or legal representative shall be entitled to all salary, pension rights, workmen's compensation and other benefits to which [such] a member or officer would be entitled if [such] the casualty or death occurred in the performance of his normal duties in the municipality, or other territorial jurisdiction, rendering [such] the assistance.
(cf: P.L.1977, c.400, s.2)
2. Section 1 of P.L.1976, c.45 (C.40A:14-156.1) is amended to read as follows:
1. The governing bodies of two or more municipalities may by reciprocal ordinances enter into agreements with each other for mutual police or fire aid in case of emergency or for mutual police aid in other non-emergency situations provided in N.J.S.40A:14-156. Such agreements may provide for:
a. The reimbursement of the municipality or municipalities rendering [such] the aid, for any damage to police or fire equipment or other property, and for payment to any member of a police force or fire department and force or volunteer fire company for injuries sustained while serving pursuant to such agreements or to a surviving spouse or other dependent if death results;
b. A joint meeting of the municipalities entering into such agreements, for the selection of necessary officers or personnel, or for [such] any other matters as are mutually deemed necessary; and
c. The acquisition of lands, and the establishment and maintenance of a central office. Real and personal property so acquired shall be held by [such] the municipalities as tenants in common.
(cf: P.L.1976, c.45, s.1)
3. This act shall take effect immediately.
STATEMENT
This bill will permit a municipal police department to render aid to another municipal police department in non-emergency situations pursuant to a formal agreement between the municipalities; provided the approval of the county prosecutor is received. Current law already permits the rendering of police aid in emergency situations. This bill expands the type of aid which may be rendered to non-emergency aid for the detection, investigation, and apprehension of criminal offenders. Two or more municipalities may by reciprocal ordinances enter into formal agreements for the rendering of this mutual aid.
Under current law, a police officer rendering aid in another municipality has the same powers and authority as have the police officers of the municipality in which the aid is being rendered. The police officers rendering aid also have such rights and immunities as they may otherwise enjoy in the performance of their normal duties. If a police officer is injured or dies while rendering aid in another municipality, the officer or his designee or legal representative is entitled to all salary, pension rights, workmen's compensation and other benefits to which the officer would be entitled if the injury or death occurred in the performance of his normal duties.
The purpose of this bill is to enable police department to share experienced personnel and resources when it is mutually advantageous to do so, thereby enhancing the quality of municipal law enforcement services.
The committee amended the bill to provided that in non-emergency situations, and pursuant to a formal agreement between the two municipalities, the approval of the county prosecutor is needed before a municipality requests assistance.
Permits police departments to provide assistance to other police departments in non-emergency situations.