Bill
Bill > S3577
NJ S3577
NJ S3577Removes 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
03/22/2021
In Committee
03/22/2021
03/22/2021
Crossed Over
Passed
Dead
01/11/2022
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)
Tony Bucco (R)*,
Declan O'Scanlon (R)*,
Christopher Bateman (R),
Jim Holzapfel (R),
Steven Oroho (R),
Holly Schepisi (R),
Bob Singer (R),
Mike Testa (R),
Last Action
Introduced in the Senate, Referred to Senate Law and Public Safety Committee (on 03/22/2021)
bill text
bill summary
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bill summary
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bill summary
| Document Type | Source Location |
|---|---|
| BillText | https://www.njleg.state.nj.us/2020/Bills/S4000/3577_I1.HTM |
| Bill | https://www.njleg.state.nj.us/2020/Bills/S4000/3577_I1.PDF |
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