Bill > A4116

Introduced Session

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:22-1 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.

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Gordon Johnson (D)*, 

Introduced, Referred to Assembly Judiciary Committee (on 09/15/2016)