SENATE LAW AND PUBLIC SAFETY COMMITTEE

STATEMENT TO

SENATE, No. 1259

with committee amendments

STATE OF NEW JERSEY

DATED: JUNE 6, 1996

      The Senate Law and Public Safety Committee reports favorably Senate Bill No.1259 with committee amendments.

      This bill, the "Law Enforcement Officers' Protection Act," amends and supplements parts of statutory law to clarify and codify certain law enforcement officer powers, protections, privileges and rights.

      As amended and released by the committee, 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 tort coverage under the "New Jersey Torts Claims Act," N.J.S.59:1-1 et seq., for law enforcement officers 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) Establish a Law Enforcement Officers Training and Equipment Fund and provide for its funding by imposing additional monetary penalties upon adults convicted of crimes and juveniles adjudicated delinquent;

      (5) 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;

      (6) Provide for procedures prior to the imposition of major and minor discipline against a law enforcement officer. The bill defines major discipline as any violation for which a suspension of more than five days or a fine equal to an amount of more than five days salary would be imposed on a violator. In any minor disciplinary matter, no penalty could be imposed until the member or officer had exhausted his right of an administrative appeal; and

      (7) 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.

      As received by the committee, the bill would have amended section 1 of P.L.1963, c.140 (C.2A:62A-1) to provide immunity to law enforcement officers rendering good faith assistance to victims of an accident or in times of emergency. The committee amendments remove this provision and insert the new section supplementing the "New Jersey Torts Claims Act."

      The committee amendments also delete provisions:

      (1) Entitling all local law enforcement officers to reimbursements of legal fees in certain civil suits and disciplinary hearings;

      (2) Extending the jurisdictional law enforcement duties and responsibilities of campus police officers;

      (3) Immunizing from liability a law enforcement officer who discharges his weapon in the lawful exercise of his police powers in the furtherance of his official duties; and

      (4) Defining law enforcement officer and law enforcement agency. In place of a general definitional section, the committee inserted the definitions of those terms in those sections of the bill where necessary and appropriate.