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Bill > A4242
NJ A4242
NJ A4242Removes 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
06/13/2022
06/13/2022
In Committee
06/13/2022
06/13/2022
Crossed Over
Passed
Dead
01/08/2024
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 certain cannabis items, unless the officer acted with the purpose to intimidate or discriminate against the person based on their race, color, religion, gender, handicap, sexual orientation, or ethnicity. Under current law, a law enforcement officer responding to a call or initiating an encounter related to the unlawful possession or consumption of alcoholic beverages, marijuana, hashish, or cannabis by an underage person may 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 only impose criminal liability on officers who purposely engage in discriminatory conduct during such encounters.
Committee Categories
Justice
Sponsors (8)
Kimberly Eulner (R)*,
Marilyn Piperno (R)*,
John Catalano (R),
Rob Clifton (R),
Vicky Flynn (R),
Sean Kean (R),
Gerry Scharfenberger (R),
Edward Thomson (R),
Last Action
Introduced, Referred to Assembly Law and Public Safety Committee (on 06/13/2022)
Official Document
bill text
bill summary
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bill summary
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bill summary
Document Type | Source Location |
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State Bill Page | https://www.njleg.state.nj.us/bill-search/2022/A4242 |
BillText | https://pub.njleg.gov/Bills/2022/A4500/4242_I1.HTM |
Bill | https://pub.njleg.gov/Bills/2022/A4500/4242_I1.PDF |
BillText | https://www.njleg.state.nj.us/Bills/2022/A4500/4242_I1.HTM |
Bill | https://www.njleg.state.nj.us/Bills/2022/A4500/4242_I1.PDF |
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