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Bill > S3577


NJ S3577

NJ S3577
Removes criminal liability for law enforcement officers who have investigative encounter with underage person for possession of alcohol or cannabis unless civil rights are violated.


summary

Introduced
03/22/2021
In Committee
03/22/2021
Crossed Over
Passed
Dead
01/11/2022

Introduced Session

2020-2021 Regular Session

Bill Summary

This bill provides that a law enforcement officer is not criminally liable for deprivation of civil rights for certain interactions with an underage person who possesses or consumes alcohol, marijuana, or certain cannabis items unless the officer acted with the purpose to intimidate or discriminate against a person or group of persons because of race, color, religion, gender, handicap, sexual orientation or ethnicity. Under current law, a law enforcement officer, when responding to a call for service or upon the initiation of any other law enforcement or investigative encounter related to a violation concerning the unlawful possession or consumption of alcoholic beverages, marijuana, hashish, or any cannabis item by a person under the legal age to purchase alcoholic beverages or cannabis items, may be guilty of a crime of official deprivation of civil rights under certain circumstances. Current law imposes criminal liability regardless of whether the officer's act was done with the purpose to intimidate or discriminate against a person or group of persons because of race, color, religion, gender, handicap, sexual orientation or ethnicity, which motivation is required to be proven for other acts of criminal deprivation of civil rights under section 2 of P.L.2003, c.31 (C.2C:30-6). Under this bill, a law enforcement officer who purposely intimidates or discriminates against an underage person because of the person's race, color, religion, gender, handicap, sexual orientation or ethnicity by engaging in a law enforcement or investigative encounter related to a violation concerning the underage possession or consumption of alcoholic beverages, marijuana, hashish, or any cannabis would be guilty of deprivation of civil rights.

AI Summary

This bill removes criminal liability for law enforcement officers who have an investigative encounter with an underage person for possessing or consuming alcohol, marijuana, or cannabis, unless the officer acted with the purpose to intimidate or discriminate against the person based on their race, color, religion, gender, disability, sexual orientation, or ethnicity. Under current law, a law enforcement officer responding to a call or initiating an encounter related to the underage possession or consumption of these substances could be criminally liable for deprivation of civil rights, regardless of the officer's intent. This bill changes that, making the officer's unlawful actions only criminally liable if they were motivated by discriminatory intent.

Committee Categories

Justice

Sponsors (8)

Last Action

Introduced in the Senate, Referred to Senate Law and Public Safety Committee (on 03/22/2021)

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