ASSEMBLY, No. 1168

STATE OF NEW JERSEY

Introduced Pending Technical Review by Legislative Counsel

PRE-FILED FOR INTRODUCTION IN THE 1996 SESSION

By Assemblyman COHEN

An Act granting members of the Legislature the right not to disclose certain information and supplementing Title 2A of the New Jersey Statutes.

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

    1. a. A member of the Legislature shall have a privilege, which may be claimed by the member or the member's agent or employee, to refuse to disclose in any legal or quasi-legal proceeding or before any investigative body, including, but not limited to, any court, grand jury, petit jury, administrative agency, the Legislature or legislative committee, or elsewhere, the existence or content of any communication or correspondence between the member and any person who has contacted the member in the member's official capacity.

    b. The privilege conferred by this section shall not extend to any communication or correspondence which is in aid of the commission of a crime or of a violation of a code of ethics promulgated pursuant to law.

    2. This act shall take effect immediately.

STATEMENT

    The purpose of this bill is to protect the integrity of, and increase public confidence in, the legislative process by giving members of the Legislature, as a matter of substantive law, greater ability to protect communications with constituents. The bill would give a member of the Legislature the privilege, which may be claimed by the member or the member's agent or employee, to refuse to disclose in any legal or quasi-legal proceeding or before any investigative body, including, but not limited to, any court, grand jury, petit jury, administrative agency, the Legislature or legislative committee, or elsewhere, the existence or content of any communication or correspondence between the member and any person who has contacted the member in the member's official capacity. Exercise of the privilege would be permissive, rather than mandatory, and a member of the Legislature would be free to disclose or withhold this information. The privilege would not extend to any communication or correspondence which is in aid of the commission of a crime or of a violation of a code of ethics promulgated pursuant to law.

Grants member of the Legislature privilege to refuse to disclose certain information in connection with certain proceedings or investigations.