ASSEMBLY, No. 1456

 

STATE OF NEW JERSEY

 

INTRODUCED FEBRUARY 5, 1996

 

 

By Assemblyman IMPREVEDUTO

 

 

An Act concerning the State Police and supplementing chapter 1 of Title 53 of the Revised Statutes.

 

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

 

    1. Whenever a member or officer of the Division of State Police is a defendant in an action or legal proceeding arising out of or incidental to the performance of his duties, the Attorney General shall provide that member or officer with necessary means for the defense of the action or proceeding, but not for his defense in a disciplinary or criminal proceeding instituted against him. If a disciplinary or criminal proceeding is dismissed or finally determined in favor of the member or officer, he shall be reimbursed for the expense of his defense.

 

    2. Whenever a member or officer of the Division of State Police is charged under the laws of this State, another state, or the United States, and has been suspended without pay as a result of an action or legal proceeding arising out of or incidental to the performance of his duties, or otherwise, and is found not guilty at trial, or the charges are dismissed, or the prosecution is terminated, that member or officer shall be reinstated to his position and shall recover all pay withheld during the period of suspension subject to any disciplinary proceedings of administrative action.

 

    3. This act shall take effect immediately.

 

 

STATEMENT

 

    Under current law (N.J.S.40A:14-155), municipalities are required to pay for the defense of any municipal law enforcement officer who is a defendant in any action or legal proceeding arising out of the performance of his duties. This requirement does not apply, however, to disciplinary or criminal proceedings. In those cases, the municipality is required to reimburse the law enforcement officer for the costs of his defense if the proceeding is either determined in his favor or dismissed.

    In the case of law enforcement officers who have been suspended without pay because of charges arising out of the performance of their duties, or otherwise, but who are later acquitted of those charges or have those charges dismissed, the provisions of P.L.1973, c.270 (C.40:14A-149.1 et seq.) require municipalities reinstate the suspended law enforcement officer and entitle the officer to recover all pay withheld during the period of suspension.

    The provisions of this bill would impose the same requirements on the State with regard to members and officers of the Division of State Police.

 

 

 

Provides for the legal defense of State troopers and officers; authorizes the reinstatement and recovery of wages in certain cases.