SENATE JUDICIARY COMMITTEE

STATEMENT TO

SENATE, No. 148

with committee amendments

STATE OF NEW JERSEY

DATED: JUNE 3, 1996

      The Senate Judiciary Committee reports favorably and with committee amendments Senate Bill No. 148.

      This bill would require the principal of an elementary or secondary school to report information concerning criminal offenses committed in school or on school property to law enforcement authorities. Failure to comply with this reporting requirement would be punishable by the imposition of a monetary penalty. For a first offense, the penalty would be $500.00; for a second offense, $1,000.00 and for a third or any subsequent offense, $3,000.00.

      The committee adopted the following amendments:

      1. An amendment granting civil immunity to school officials who in good faith file reports concerning criminal offenses.

      2. Presently, school employees are entitled to reimbursement for legal costs if a criminal case arising out of the performance of their duties results in a dismissal or in a final disposition in their favor. The amendments would extend indemnification to proceedings involving failure to report criminal offenses.

      3. N.J.S.2C:51-2 presently provides that public officials and employees convicted of an offense involving dishonesty or of a crime of the third degree or higher must forfeit that office or employment. The amendments provide that a conviction for failure to report criminal offense would not constitute an offense involving dishonesty for purposes of N.J.S.2C:51-2.

      This bill was prefiled for introduction in the 1996 session pending technical review. As reported, the bill includes the changes required by technical review which has been preformed.