Bill > S2202

Introduced Session

This bill would require safeguards for anonymity and confidentiality with respect to dedicated tip lines, websites, and other means of communicating anonymous tips for use by law enforcement in criminal investigations. The safeguards would include: - a requirement that any private or governmental entity (including a law enforcement agency) operating, or contracting or coordinating with another party operating such a dedicated system for accepting anonymous tips would have to encrypt the communication so that the identity of the individual tipster, the identifying information concerning the means of communicating (such as a phone number), and the location of the individual or means of communication, other than location within a municipality, are not included in the information made available to the investigating law enforcement agency; - the system operator, as well as the investigating law enforcement agency, at the time of the communication and thereafter, would be prohibited from requesting the individual tipster's identity, identifying information concerning the means of communication, or location information that is more detailed than that provided with the tipster's communication as to municipality; - any communication, and any report or information on that communication, if made, maintained or kept on file by the system operator or by the investigating law enforcement agency would not be deemed a public record under the State's Open Public Records Act, P.L.1963, c.73 (C.47:1A-1 et seq.); and - finally, any such communication, and related report or information, would also not be subject to discovery or admissible in evidence in any criminal or civil action or proceeding undertaken by any governmental entity, private entity, or individual, except upon a subpoena issued by a grand jury or a court order for a matter concerning the crime or offense of false reports to law enforcement pursuant to N.J.S.2C:28-4, false public alarms pursuant to N.J.S.2C:33-3, or any other crime or offense committed by the individual making the communication. Under the bill, an individual would be guilty of a crime of the fourth degree if that individual disclosed a communication, or related report or information on that communication, to another in violation of the bill's provisions. It would also be a crime of the fourth degree if an individual attempts to obtain a communication, or report or information, with the intent of making an unlawful disclosure. A crime of the fourth degree is ordinarily punishable by a term of imprisonment of up to 18 months, a fine of up to $10,000, or both. Additionally, if the disclosing individual was a governmental official, officer, or employee acting under color of law, then the governmental entity for whom the individual is an official, officer, or employee would be liable, in a civil action, to the individual whose anonymity or other information was disclosed, for damages arising from the disclosure, or $25,000, whichever amount is greater, plus attorney's fees and costs.

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Anthony Bucco (R)*,  Tony Bucco (R)*, 

Introduced in the Senate, Referred to Senate Law and Public Safety Committee (on 03/08/2018)