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Bill > S1666


NJ S1666

NJ S1666
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
01/09/2024
In Committee
01/09/2024
Crossed Over
Passed
Dead

Introduced Session

2024-2025 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 possession of alcohol or cannabis, unless the officer's actions violate the person's civil rights. Under current law, a law enforcement officer could be criminally liable for such an encounter, regardless of whether they acted with the intent to intimidate or discriminate against the person. This bill changes the law to only impose criminal liability if the officer purposefully intimidated or discriminated against the person based on their race, color, religion, gender, disability, sexual orientation, or ethnicity. The bill also clarifies that the criminal liability for deprivation of civil rights would be graded in the same manner as other crimes of official deprivation of civil rights.

Committee Categories

Justice

Sponsors (7)

Last Action

Introduced in the Senate, Referred to Senate Law and Public Safety Committee (on 01/09/2024)

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