Bill

Bill > S2469


NJ S2469

NJ S2469
Provides that AG handle investigation and prosecution of crime involving person's death by law enforcement officer while acting in officer's official capacity or while in custody; requires trial in venue outside county where incident occurred.


summary

Introduced
07/14/2016
In Committee
03/20/2017
Crossed Over
10/20/2016
Passed
01/08/2018
Dead

Introduced Session

2016-2017 Regular Session

Bill Summary

This bill provides that, whenever a person's death occurred during an encounter with a police officer or other law enforcement officer acting in the officer's official capacity or while the decedent was in custody, the Attorney General would supersede the local county prosecutor, utilizing existing supersession authority, and conduct, personally or by a designated deputy or assistant attorney general, any investigation, criminal action or proceeding concerning the incident. The Attorney General or designee would present evidence concerning the incident to a county grand jury or a State grand jury, either one regularly impaneled or one requested to be impaneled by the Attorney General or the Director of the Division of Criminal Justice pursuant to N.J.S.2B:22-7 for this specific purpose, in order to determine if the evidence supports the return of an indictment against the officer. Any further investigation, criminal action or proceeding, following an indictment, would be conducted under the law as any other investigation, criminal action or proceeding resulting from a grand jury indictment; provided that the venue for any such criminal action or proceeding would occur in a court located in a county other than the county in which the incident, resulting in the officer's indictment, occurred.

AI Summary

This bill provides that, whenever a person's death occurs during an encounter with a police officer or other law enforcement officer acting in the officer's official capacity or while the decedent was in custody, the Attorney General shall supersede the local county prosecutor and conduct any investigation, criminal action, or proceeding concerning the incident. The Attorney General or a designated deputy or assistant attorney general shall present evidence to a county or state grand jury to determine if an indictment against the officer is warranted. If an indictment is returned, the venue for the trial shall be in a county other than the one where the incident occurred.

Committee Categories

Budget and Finance

Sponsors (16)

Last Action

Passed Assembly (Passed Both Houses) (49-21-0) (on 01/08/2018)

bill text


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