FISCAL NOTE TO

[First Reprint]

SENATE, No. 1259

STATE OF NEW JERSEY

DATED: JUNE 24, 1996

      Senate Bill No. 1259 (1R) is the "Law Enforcement Officers' Protection Act. The provisions of the bill: (1) Provide for life imprisonment without parole for murderers convicted of killing law enforcement officers but who escape the death penalty; (2) Establish and extend certain tort coverages and immunities to law enforcement officers, most notably in rendering good faith assistance to victims of an accident or in times of emergency, and extend immunities for duties performed outside their employment jurisdiction; (3) Require HIV and AIDS testing whenever body fluids have been transmitted between a law enforcement officer and any other person (adult or juvenile) the officer may arrest for an offense; (4) Require law enforcement agencies to adopt and implement guidelines consistent with those set forth in the "Internal Affairs Policy and Procedures" of the Police Management Manual promulgated by the Attorney General, or any tenure or civil service laws or existing contractual agreements; (5) Provide for procedures prior to the imposition of major and minor discipline against a law enforcement officer; and, (6) Clarify that binding arbitration for any form of discipline which is not covered by tenure or civil service law may, by agreement with the employer, be made available to all law enforcement officers except for members and officers of the State Police.

      The bill also establishes a Law Enforcement Officers Training and Equipment Fund and provides for its funding by imposing additional monetary penalties upon adults convicted of crimes and juveniles adjudicated delinquent.

      The Administrative Office of the Courts (AOC) states that from August 1982 to November 1995, five murder victims were law enforcement officers. Three of the five people convicted of the first degree murder of a police officer did not receive a sentence of death. Based on this total, the AOC estimates that approximately two offenders per decade would be affected by the "life without parole" provision of the proposed bill.

      The AOC also notes, that with regards to the revenue to be generated for the Law Enforcement Training and Equipment Fund, based on 27,213 convictions for Title 2C offenses, the fund would realize approximately $816,390 per year in collections.

      The Office of Legislative Services (OLS) notes that many individuals convicted of crimes and incarcerated have a variety of other fees and fines imposed which take precedence over the proposed fee. Because many offenders are indigent, these fines often go unpaid. As a result, the OLS notes that the annual revenue stated by the AOC is probably higher than what actual collections would be.

      With regards to the provisions of the bill concerning tort coverages and legal fee reimbursements, the OLS notes that there are no data available to estimate the potential impact of these provisions. Likewise, it not possible to estimate the number of instances where bodily fluids have been transmitted between law enforcement officers and individuals being arrested, or the need for HIV testing. The OLS states that the average cost of HIV testing is nominal.

This fiscal note has been prepared pursuant to P.L.1980, c.67.