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Bill > S642


NJ S642

NJ S642
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
01/11/2022
In Committee
01/11/2022
Crossed Over
Passed
Dead
01/08/2024

Introduced Session

2022-2023 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 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 may be guilty of a crime of official deprivation of civil rights regardless of whether the officer's act was done with the purpose to intimidate or discriminate. This bill changes the law to require that specific motivation to be proven for the officer to be criminally liable.

Committee Categories

Justice

Sponsors (9)

Last Action

Introduced in the Senate, Referred to Senate Law and Public Safety Committee (on 01/11/2022)

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