S3114

An Act concerning law enforcement officers and supplementing Title 52 of the Revised Statutes.

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

1. This act shall be known and may be cited as the “Law Enforcement Officer Protection Act.”

2. As used in this act, “law enforcement officer” means a member of any federal, State, county, or municipal law enforcement agency, department, or division of those governments who is statutorily empowered to act for the detection, investigation, arrest, conviction, detention, or rehabilitation of persons violating the laws of this State or of the United States.

3. a. Except as provided in subsection b. of this section, a law enforcement officer shall not wear a mask or disguise when interacting with the public while in the performance of the officer’s official duties.

b. Subsection a. of this section shall not apply to a law enforcement officer who is:

(1) engaged in an undercover assignment;

(2) wearing a shield that does not conceal the officer’s face to protect the officer’s face from harm;

(3) wearing a medical grade mask or N95 respirator designed to prevent the transmission of disease and has obtained a statement from a licensed physician that the mask or respirator is necessary to protect the health of the officer; or

(4) wearing a mask for protection against exposure to smoke during a State of Emergency.

4. a. Every law enforcement officer shall provide sufficient identification prior to detaining or arresting an individual. A law enforcement officer shall be deemed to have provided sufficient identification if the officer, prior to detaining or arresting an individual, satisfies one of the following conditions:

(1) the officer is dressed in a department-issued uniform bearing the agency insignia;

(2) the officer demonstrates a department-issued identification card bearing the officer’s photograph and identifying information;

(3) the officer demonstrates a badge, tag, label, or other department-issued identification which identifies the officer by number; or

(4) the officer verbally discloses, in a clear and audible manner, the officer’s name and the official name of the law enforcement agency by which the officer is employed.

b. The provisions of subsection a. of this section shall not apply to a law enforcement officer when:

(1) the release of sufficient identification may compromise the integrity of an authorized investigation;

(2) a supervisor determines stealth is necessary; or

(3) a law enforcement officer reasonably believes the officer’s personal safety is at risk.

c. This section shall not be construed to prohibit a law enforcement officer in plain clothes or operating an unmarked vehicle from intervening in urgent matters of public safety.

5. The Attorney General shall issue guidelines or a directive necessary to effectuate the provisions of this act.

6. This act shall take effect immediately.

STATEMENT

This bill establishes the “Law Enforcement Officer Protection Act.”

This bill requires law enforcement officers operating in this State, including federal officers, to reveal their facial identities when interacting with the public while performing official duties. An officer is exempt from this requirement when the officer is: engaged in an undercover assignment; wearing a shield that does not conceal the officer’s face to protect the officer’s face from harm; wearing a medical grade mask or N95 respirator designed to prevent the transmission of disease and has obtained a statement from a licensed physician that the mask or respirator is necessary to protect the health of the officer; or wearing a mask for protection against exposure to smoke during a State of Emergency.

This bill also requires officers to present sufficient identification prior to detaining or arresting a person. Under the bill, an officer is deemed to have provided sufficient identification if the officer, prior to detaining or arresting an individual, is: (1) dressed in a department-issued uniform bearing the agency insignia; (2) demonstrates a department-issued identification card bearing the officer’s photograph and identifying information; (3) demonstrates a badge, tag, label, or other department-issued identification which identifies the officer by number; or (4) verbally discloses, in a clear and audible manner, the officer’s name and the official name of the agency employing the officer. The identification requirement would not apply when: (1) the release of sufficient identification may compromise the integrity of an authorized investigation; (2) a supervisor determines that stealth is necessary; or (3) an officer reasonably believes the officer’s personal safety is at risk.

Additionally, the provisions of this bill do not prevent a law enforcement officer in plain clothes or operating an unmarked vehicle from intervening in urgent matters of public safety.

It is the sponsor’s intent to protect law enforcement from the risk of negative encounters with the public. Reports and videos of fearful, angry individuals reacting violently to masked or disguised law enforcement officers bearing no clear identification have been circulating on social media and in the news. A rise in impersonators committing violent crimes such as kidnapping, robbery, and sexual assault has been documented by law enforcement agencies across the country. In fact, the Federal Bureau of Investigation (FBI) has recently urged the Department of Homeland Security to ensure that Immigration and Customs Enforcement agents adequately identify themselves during operations and cooperate with individuals who request further verification. Requiring officers to identify themselves and reveal their facial identities while carrying out their official, public-facing duties is consistent with the FBI’s effort to diminish the erosion of public trust in law enforcement.