S3114 SCS

Sponsored by:

Senator BENJIE E. WIMBERLY

District 35 (Bergen and Passaic)

Senator TROY SINGLETON

District 7 (Burlington)

Senator NICHOLAS P. SCUTARI

District 22 (Somerset and Union)

Assemblywoman VERLINA REYNOLDS-JACKSON

District 15 (Hunterdon and Mercer)

Assemblywoman ANNETTE QUIJANO

District 20 (Union)

Assemblywoman ALIXON COLLAZOS-GILL

District 27 (Essex and Passaic)

Assemblyman GABRIEL RODRIGUEZ

District 33 (Hudson)

Assemblyman MICHAEL VENEZIA

District 34 (Essex)

Co-Sponsored by:

Senators Zwicker, Greenstein, McKnight, Cryan, Stack, Timberlake, Mukherji, Diegnan, Moriarty, McKeon, Assemblywoman Haider, Assemblyman Verrelli, Assemblywoman Park, Assemblyman Singh, Assemblywomen Brennan, Carter, Assemblymen Wainstein, Bhalla, Assemblywoman Pintor Marin, Assemblymen Freiman, Stanley and Kearney

SYNOPSIS

Requires law enforcement officer to reveal facial identity during certain public interactions and to present sufficient identification prior to arresting or detaining person.

CURRENT VERSION OF TEXT

Substitute as adopted by the Senate Judiciary Committee.

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 or other tactical operation, including violent-crime or organized-crime suppression;

(2) the subject of a threat of retaliation resulting from the performance of the officer’s official duties;

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

(4) wearing a medical grade mask or N95 respirator designed to prevent the transmission of disease;

(5) wearing a mask for protection against exposure to smoke during a State of Emergency;

(6) wearing a mask designed to protect against exposure to cold during a weather emergency; or

(7) wearing a mask to protect against exposure to biological or chemical agents during an incident where these agents may be present.

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.