Assemblywoman CAROL A. MURPHY
District 7 (Burlington)
Clarifies certain law enforcement officers are eligible for special disciplinary arbitration.
CURRENT VERSION OF TEXT
As reported by the Assembly Law and Public Safety Committee on June 5, 2023, with amendments.
An Act concerning law enforcement and amending 1[P.L.1970, c.211 and P.L.1989, c.291] P.L.2009, c.16.1
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1[1. Section 1 of P.L.1970, c. 211 (C.18A:6-4.2) is amended to read as follows:
The governing body of any institution of higher education, academy, school or other institution of learning may appoint such persons as the governing body may designate to act as [policemen] law enforcement officers for the institution. A law enforcement officer appointed pursuant to this section shall be entitled to the rights and privileges afforded to municipal law enforcement officers pursuant to the provisions of chapter 14 of Title 40A of the New Jersey Statutes.
(cf: P.L.1970, c.211, s.1)]1
1[2. Section 2 of P.L.1989, c.291 (C.27:25-15.1) is amended to read as follows:
2. a. There is established in the New Jersey Transit Corporation a New Jersey Transit Police Department, which shall be headed by a chief of police. This police department shall have police and security responsibilities over all locations and services owned, operated, or managed by the corporation and its subsidiaries. The executive director of the New Jersey Transit Corporation, through the chief of police of the New Jersey Transit Police Department, shall have the power and authority to appoint and employ such number of transit police officers as he deems necessary to act as transit police officers of the corporation and to administer to the transit police officers an oath or affirmation faithfully to perform the duties of their respective positions or offices. The transit police officers so appointed shall have general authority, without limitation, to exercise police powers and duties, as provided by law for police officers and law enforcement officers, in all criminal and traffic matters at all times throughout the State and, in addition, to enforce such rules and regulations as the corporation shall adopt and deem appropriate. Nothing herein shall confer upon the transit police officers so appointed or upon their collective negotiations representative, exclusive jurisdiction or claim over the exercise of police power or security work on behalf of the corporation or any of its subsidiaries. Nothing herein shall limit the executive director from continuing to call upon local police for police services. The members of the New Jersey Transit Police Department shall comply with all policies established by the Attorney General, including rules and regulations, directives, advisory opinions, and other guidelines, unless those policies are inconsistent with federal laws, regulations, directives, advisory opinions, or other guidelines relating to drug and alcohol testing, alcohol misuse, or prohibited drug use applicable to the New Jersey Transit Police Department. Transit police officers appointed pursuant to this section shall be entitled to the rights and privileges afforded to municipal law enforcement officers pursuant to the provisions of chapter 14 of Title 40A of the New Jersey Statutes.
The executive director, through the chief of police of the New Jersey Transit Police Department, shall, in accordance with procedures established by the Superintendent of State Police, investigate and determine the character, competency, integrity and fitness of any person making application for appointment as a police officer. The New Jersey Transit Police Department is authorized to exchange fingerprint data and receive criminal history record information from the State Bureau of Identification in the Division of State Police and the Federal Bureau of Investigation, Identification Division, for use in making this determination.
b. Rail police officers of the New Jersey Transit Rail Operations Police Department who are employed by the corporation on the effective date of this 1991 amendatory and supplementary act shall continue in employment, and shall be appointed as transit police officers of the corporation. The corporation shall recognize any representative previously chosen by these police officers for the purposes of collective negotiations consistent with the bargaining units already established. The corporation shall also assume and observe any existing labor contracts covering these police officers for their remaining term; provided however, that the terms and conditions of these labor contracts are within the scope of negotiations as defined by the Public Employment Relations Commission under the "New Jersey Employer-Employee Relations Act," P.L.1941, c.100 (C.34:13A-1 et seq.).
c. Transit police officers appointed pursuant to this section shall satisfy the training requirements established by the Police Training Commission as follows:
(1) All officers appointed pursuant to this section after the effective date of this 1989 amendatory and supplementary act shall successfully complete, within one year of the date of their appointment, a training course approved by the Police Training Commission;
(2) All officers appointed and in employment on the effective date of this 1989 amendatory and supplementary act may continue in employment if, within 18 months of the effective date of this 1991 amendatory and supplementary act, they have satisfied the training requirements of the Police Training Commission;
(3) The executive director, through the chief of police of the New Jersey Transit Police Department, may request from the Police Training Commission an exemption from all or part of the training requirements of this subsection on behalf of a current or prospective officer who demonstrates successful completion of a police training course conducted by any federal, state or other public or private agency, the requirements of which are substantially equivalent to the requirements of the Police Training Commission.
d. Transit police officers shall qualify for an exemption from the provisions of N.J.S.2C:39-5 if they satisfactorily complete a firearms training course approved by the Police Training Commission.
(cf: P.L.2018, c.162, s.15)]1
11. Section 1 of P.L.2009, c.16 (C.40A:14-200) is amended to read as follows:
1. As used in this act:
"Law enforcement agency" or "agency" means any public agency, other than the Department of Law and Public Safety, but not including the Juvenile Justice Commission, any police force, department, or division within the State, or any county or municipality thereof, which is empowered by statute to act for the detection, investigation, arrest, conviction, detention, or rehabilitation of persons violating the criminal laws of this State.
"Law enforcement officer" or "officer" means any person who is employed as a permanent full-time member of any State, county, or municipal law enforcement agency, department, or division of those governments , including, but not limited to an officer appointed pursuant to section 1 of P.L.1970, c.211 (C.18A:6-4.2) or section 2 of P.L.1989, c.291 (C.27:25-15.1), or an officer appointed by the Burlington County Bridge Commission pursuant to section 1 of P.L.1960, c.168 (C.27:19-36.3), who is statutorily empowered to act for the detection, investigation, arrest, conviction, detention, or rehabilitation of persons violating the criminal laws of this State and statutorily required to successfully complete a training course approved by, or certified as being substantially equivalent to such an approved course, by the Police Training Commission pursuant to P.L.1961, c.56 (C.52:17B-66 et seq.).
"Paid firefighter" or "firefighter" means any full-time paid firefighter employed by a public fire department.
"Public fire department" or "department" means any department of a municipality, county, fire district or the State or any agency thereof having employees engaged in firefighting provided that such firefighting employees are included in a negotiating unit exclusively comprised of firefighting employees.
(cf: P.L.2009, c.16, s.1)1
1[3.] 2.1 This act shall take effect immediately.