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Bill > S4234


NJ S4234

NJ S4234
Requires safeguards for anonymity and confidentiality with respect to communications presented through phone lines, electronic communication systems, or websites dedicated to accepting anonymous tips for use by law enforcement in criminal investigations.


summary

Introduced
03/03/2025
In Committee
03/03/2025
Crossed Over
Passed
Dead
01/12/2026

Introduced Session

2024-2025 Regular Session

Bill Summary

This bill imposes safeguards to preserve anonymity and confidentiality of anonymous tips that are used by law enforcement in criminal investigations. Specifically, the safeguards: - require private or governmental entities that operate, or coordinate with another party to operate, an anonymous tip system to encrypt the communication to ensure that information made available to the investigating law enforcement agency does not include: the identity of the tipster; information concerning the means of communication (such as a telephone number); and the location of the individual or means of communication, other than location within a municipality provided with the communication; - prohibit the system operator and investigating law enforcement agency from requesting information concerning: the identity of the tipster; information concerning the means of communication; or location information, other than location within a municipality; - provide that any communication and any related report or information that is maintained by the operator or law enforcement agency is not deemed a public record under the State's Open Public Records Act, P.L.1963, c.73 (C.47:1A-1 et seq.); and - provide that any communication and related report or information is not subject to discovery or admissible in evidence in any criminal or civil action or proceeding, except upon a subpoena issued by a grand jury, or a court order for a matter concerning a false report to law enforcement pursuant to N.J.S.2C:28-4, false public alarm pursuant to N.J.S.2C:33-3, or another offense committed by the individual disclosing the information. An individual who violates the bill's provisions by disclosing a tipster's identity or other information is guilty of a crime of the fourth degree. A crime of the fourth degree is punishable by a term of imprisonment of up to 18 months, a fine of up to $10,000, or both. The bill also provides that if the disclosing individual is a governmental official, officer, or employee acting under color of law, the governmental entity is liable in a civil action to the individual whose information was disclosed. The entity is responsible for damages arising from the disclosure or $25,000, whichever amount is greater, in addition to attorney's fees and costs.investigations.

AI Summary

This bill requires safeguards to protect the anonymity and confidentiality of individuals who submit anonymous tips to law enforcement through phone lines, electronic communication systems, or websites. Specifically, the bill mandates that any entity operating such a tip system must use encryption technology to ensure that the tipster's identity, communication method details, and precise location are not revealed to investigating law enforcement agencies. The bill prohibits operators and law enforcement from requesting additional identifying information beyond what is voluntarily provided by the tipster. Communications and related reports will not be considered public records and cannot be used in legal proceedings except under very limited circumstances, such as investigating false reports. Any individual who improperly discloses a tipster's identity or attempts to obtain such information can be charged with a fourth-degree crime, which carries potential penalties of up to 18 months in prison and a $10,000 fine. If a government official violates these provisions, their governmental entity can be held liable in a civil action for damages of at least $25,000, plus attorney's fees and costs. The bill aims to encourage anonymous reporting by protecting the confidentiality of individuals who provide tips to law enforcement, with the goal of promoting public safety and cooperation with criminal investigations.

Committee Categories

Justice

Sponsors (1)

Last Action

Introduced in the Senate, Referred to Senate Law and Public Safety Committee (on 03/03/2025)

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