S1286

An Act concerning law enforcement investigators and amending P.L.1961, c.56 and P.L.2022, c.65.

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

1. Section 4 of P.L.1961, c.56 (C.52:17B-69) is amended to read as follows:

4. a. A probationary or temporary appointment as a law enforcement officer may be made for a total period not exceeding one year for the purpose of enabling a person seeking permanent appointment to take a police training course as prescribed in this act, provided, however, that the time period may exceed one year for those persons enrolled prior to the one-year limit in a police training course scheduled to end subsequent to the one-year limit, and for those persons who, prior to the one-year limit, have been scheduled to attend a police training course which commences subsequent to the one-year limit. In no case shall any extension granted for the reasons herein listed exceed six months. Every person holding such a probationary or temporary appointment shall enroll in a police training course, and such appointee shall be entitled to a leave of absence with pay during the period of the police training course.

b. A person holding a probationary or temporary appointment on the effective date of P.L.2022, c.65 (C.52:17B-71a et al.) shall not be permitted to continue in the probationary or temporary appointment beyond one year after the effective date of P.L.2022, c.65 (C.52:17B-71a et al.) unless the person enrolls in or completes a basic training course approved by the commission.

c. A person appointed on a probationary or temporary basis on or after the effective date of P.L.2022, c.65 (C.52:17B-71a et al.) shall not perform the functions or duties of a permanently appointed law enforcement officer unless the person completes a basic training course approved by the commission. Upon successful completion of the basic training course, a person appointed on a probationary or temporary basis on or after the effective date of P.L.2022, c.65 (C.52:17B-71a et al.) shall receive from the commission a one-year probationary law enforcement license, as defined in section 2 of P.L.1961, c.56 (C.52:17B-67), and the person shall be permitted to perform full police functions or duties during the person's probationary or temporary appointment.

d. Upon successful completion of a probationary or temporary appointment, a person may apply for licensure as a permanent law enforcement officer in a manner prescribed by the commission pursuant to P.L.2022, c.65 (C.52:17B-71a et al.). The probationary license shall remain in force and effect until the commission acts upon the application for licensure as a permanent law enforcement officer.

e. A permanent law enforcement officer licensed in a manner prescribed by the commission pursuant to P.L.2022, c.65 (C.52:17B-71a et al.) who holds an active certification in the basic training course for police officers or State Police may receive a probationary or temporary appointment as a State or county investigator for a total period not exceeding 120 days from the date of appointment for the purpose of enabling the officer to be trained and certified as a basic investigator. A law enforcement officer holding a probationary or temporary appointment shall be permitted to perform the functions or duties of a permanently appointed investigator during the officer’s probationary or temporary appointment. Upon successful completion of a probationary or temporary appointment, the law enforcement officer may apply for licensure as a permanent investigator in a manner prescribed by the commission pursuant to P.L.2022, c.65 (C.52:17B-71a et al.). The probationary or temporary appointment shall remain in force and effect until the commission acts upon the application for licensure as a permanent investigator.

(cf: P.L.2022, c.65, s.4)

2. Section 10 of P.L.2022, c.65 (C.52:17B-67.1) is amended to read as follows:

10. A person shall not be employed as a law enforcement officer, as defined in section 2 of P.L.1961, c.56 (C.52:17B-67), in this State unless the person holds a valid, active license as a law enforcement officer issued in accordance with P.L.2022, c.65 (C.52:17B-71a et al.). A person shall not act as a law enforcement officer, as defined in section 2 of P.L.1961, c.56 (C.52:17B-67), in this State beyond the scope of the authorization provided pursuant to any designations to the license approved by the Police Training Commission , except that a permanent law enforcement officer licensed in a manner prescribed by the commission pursuant to P.L.2022, c.65 (C.52:17B-71a et al.) who holds an active certification in the basic training course for police officers or State Police shall be permitted to perform the functions or duties of a permanently appointed State or county investigator for a period not to exceed 120 days from the date of appointment while being trained and certified as a basic investigator.

(cf: P.L.2022, c.65, s.10)

3. This act shall take effect immediately.

STATEMENT

This bill permits the probationary or temporary appointment of a law enforcement officer as a State or county investigator under certain circumstances.

Under the bill, a permanent law enforcement officer who holds an active certification in the basic training course for police officers or State police may receive a probationary or temporary appointment as a State or county investigator for a total period not exceeding 120 days from the date of appointment for the purpose of enabling the officer to be trained and certified as a basic investigator. The bill authorizes the law enforcement officer to perform the functions or duties of a permanently appointed investigator during the officer’s probationary or temporary appointment.

Upon successful completion of a probationary or temporary appointment, the bill provides that the law enforcement officer may apply to the Police Training Commission for licensure as a permanent investigator. Under the bill, the probationary or temporary appointment remains in force and effect until the commission acts upon the application for licensure.