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Bill > A344


NJ A344

NJ A344
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
01/13/2026
In Committee
01/13/2026
Crossed Over
Passed
Dead

Introduced Session

2026-2027 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 amends existing law to clarify when law enforcement officers can be held criminally liable for "official deprivation of civil rights" during encounters with underage individuals possessing or consuming alcohol or cannabis. Previously, officers could be charged with this crime under certain circumstances related to these encounters, regardless of their intent. This bill now requires that to be found guilty of official deprivation of civil rights in such situations, it must be proven that the officer acted with the specific purpose to intimidate or discriminate against the underage person based on their race, color, religion, gender, handicap, sexual orientation, or ethnicity, aligning this requirement with the general standard for proving official deprivation of civil rights.

Committee Categories

Military Affairs and Security

Sponsors (7)

Last Action

Introduced, Referred to Assembly Public Safety and Preparedness Committee (on 01/13/2026)

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