Bill

Bill > A5385


NJ A5385

NJ A5385
Requires county prosecutor to initiate municipal, county, and higher education law enforcement internal affairs investigations.


summary

Introduced
03/06/2025
In Committee
03/06/2025
Crossed Over
Passed
Dead
01/12/2026

Introduced Session

2024-2025 Regular Session

Bill Summary

This bill requires the county prosecutor to initiate all internal affairs investigations for municipal and county law enforcement agencies, and for higher education law enforcement agencies established pursuant to P.L.1970, c.211 (C.18A:6-4.2). The bill also requires that upon receipt of a complaint of officer misconduct by any person, a municipal, county, or higher education law enforcement agency is required to transfer the filed complaint to the county prosecutor to initiate an investigation. The bill also requires a petition for an extreme risk protection order filed against a law enforcement officer to be transferred from the officer's agency to the county prosecutor immediately upon receipt. The county prosecutor is then required to initiate an internal affairs investigation. The prosecutor retains the power to decide if the matter will be referred to the courts.

AI Summary

This bill requires county prosecutors to take a more active role in investigating law enforcement misconduct across municipal, county, and higher education police departments. Specifically, when a complaint of officer misconduct is received or an extreme risk protection order is filed against a law enforcement officer, the relevant law enforcement agency must immediately transfer the complaint or petition to the county prosecutor, who will then initiate an internal affairs investigation. For extreme risk protection orders involving law enforcement officers, the prosecutor will have the discretion to decide whether to refer the matter to courts. The bill mandates that these internal affairs investigations must follow guidelines consistent with the Department of Law and Public Safety's existing policies, while also respecting tenure and civil service laws and any existing contractual agreements. The law will take effect on the first day of the fourth month following its enactment, with the Attorney General authorized to take preparatory administrative actions in the meantime. The goal appears to be increasing transparency and accountability in law enforcement internal investigations by involving an independent prosecutorial entity in the process.

Committee Categories

Military Affairs and Security

Sponsors (1)

Last Action

Introduced, Referred to Assembly Public Safety and Preparedness Committee (on 03/06/2025)

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