Bill > A2399

Introduced Session

This bill imposes safeguards to preserve anonymity and confidentiality of anonymous tips that are used by law enforcement in criminal investigations. Specifically, the safeguards: - require private or governmental entities that operate, or coordinate with another party to operate, an anonymous tip system to encrypt the communication to ensure that information made available to the investigating law enforcement agency does not include: the identity of the tipster; information concerning the means of communication (such as a telephone number); and the location of the individual or means of communication, other than location within a municipality provided with the communication; - prohibit the system operator and investigating law enforcement agency from requesting information concerning: the identity of the tipster; information concerning the means of communication; or location information, other than location within a municipality; - provide that any communication and any related report or information that is maintained by the operator or law enforcement agency is not deemed a public record under the State's Open Public Records Act, P.L.1963, c.73 (C.47:1A-1 et seq.); and - provide that any communication and related report or information is not subject to discovery or admissible in evidence in any criminal or civil action or proceeding, except upon a subpoena issued by a grand jury, or a court order for a matter concerning a false report to law enforcement pursuant to N.J.S.2C:28-4, false public alarm pursuant to N.J.S.2C:33-3, or another offense committed by the individual disclosing the information. An individual who violates the bill's provisions by disclosing a tipster's identity or other information is guilty of a crime of the fourth degree. A crime of the fourth degree is punishable by a term of imprisonment of up to 18 months, a fine of up to $10,000, or both. The bill also provides that if the disclosing individual is a governmental official, officer, or employee acting under color of law, the governmental entity is liable in a civil action to the individual whose information was disclosed. The entity is responsible for damages arising from the disclosure or $25,000, whichever amount is greater, in addition to attorney's fees and costs.

AI Summary

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Benjie Wimberly (D)*, 

Introduced, Referred to Assembly Law and Public Safety Committee (on 02/03/2020)

Official Document