SENATE JUDICIARY COMMITTEE

 

STATEMENT TO

 

SENATE COMMITTEE SUBSTITUTE FOR

SENATE, Nos. 3114 and 3216

 

STATE OF NEW JERSEY

 

DATED:  FEBRUARY 19, 2026

 

      The Senate Judiciary Committee reports favorably a Senate Committee Substitute for Senate Bill Nos. 3114 and 3216.

      Under the committee substitute, law enforcement officers operating in this State, including federal officers, are required 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 or other tactical operation, including violent-crime or organized-crime suppression; the subject of a threat of retaliation resulting from the performance of the officer’s official duties; 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; wearing a mask for protection against exposure to smoke during a State of Emergency; wearing a mask designed to protect against exposure to cold during a weather emergency; or wearing a mask to protect against exposure to biological or chemical agents during an incident where these agents may be present. 

      The committee substitute also requires officers to present sufficient identification prior to detaining or arresting a person.  Under the committee substitute, 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 the committee substitute do not prevent a law enforcement officer in plain clothes or operating an unmarked vehicle from intervening in urgent matters of public safety.