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Bill > A5523


NJ A5523

NJ A5523
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 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 the person or group based on race, color, religion, gender, disability, sexual orientation, or ethnicity. Under current law, a law enforcement officer responding to a call or initiating an investigative encounter related to the unlawful possession or consumption of these substances by a person under the legal age could be guilty of a crime of official deprivation of civil rights, regardless of whether the officer's actions were motivated by discrimination. This bill changes the law to require a finding of discriminatory intent in order for the officer to be criminally liable.

Committee Categories

Justice

Sponsors (8)

Last Action

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

bill text


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