Bill > S2325

Introduced Session

This bill establishes certain benefits for Class Two special law enforcement officers. Under current law, Class Two special law enforcement officers only have full police powers while on duty and are required to return their firearms to the officer in charge of their station at the end of each workday. This bill authorizes all Class Two special law enforcement officers who successfully complete the statutorily required training programs to exercise full police power and carry their firearms at all times when in this State. The bill also allows arson investigators to carry a firearm at all times while in this State. In addition, the bill establishes new requirements for Class One and Class Two special law enforcement officers. Specifically, the bill requires all special law enforcement officers to be between 21 and 75 years of age and to submit to a drug test at the time of appointment. The bill also waives the training requirements to become a Class Two special law enforcement officer for persons who previously served as a full-time corrections officer, sheriff's officer, or law enforcement officer. This bill also clarifies that Class Two special law enforcement officers are granted the same protections as all law enforcement officers. Under current law, a simple assault is upgraded to an aggravated assault if committed against a law enforcement officer while clearly identifiable as being engaged in official duties or due to law enforcement status. Current law also makes it a fourth degree crime to impersonate a law enforcement officer and a second degree crime to knowingly take or attempt to exercise unlawful control over a law enforcement officer's firearm. This bill clarifies that the same penalties for the crimes of assaulting, impersonating, or disarming a law enforcement officer apply if committed against a Class Two special law enforcement officer. The bill also specifically extends to Class Two special law enforcement officers the same immunity from civil liability granted to regular full-time law enforcement officers. Under the bill, Class Two special law enforcement officers would be permitted to act as security at polling place on the day of an election to ensure that qualified voters are not obstructed from voting. The bill authorizes the automatic expungement of criminal charges that are filed against any law enforcement officer, including any Class Two special law enforcement officer, in the course of official duties if the officer is found not guilty. Class Two special law enforcement officers also would be entitled to paid leave to attend any State or national convention of the Special Police Organization. Under current law, paid leave is only granted to members of an organization affiliated with the New Jersey Policemen's Benevolent Association, Inc., the Fraternal Order of Police, the Firemen's Mutual Benevolent Association or the Professional Fire Fighters Association. Currently, special law enforcement officers are prohibited from working more than 20 hours per week except: 1) during periods of emergency, 2) in resort municipalities, 3) or to provide public safety and law enforcement services to a public entity. This bill requires counties and municipalities in which special law enforcement officers work more than 20 hours per week to purchase liability insurance for acts or omissions committed by special law enforcement officers acting in the course of their official duties. The bill also allows a department, commission, or agency to dismiss a complaint filed by a private citizen or an inmate against a regularly appointed, full-time law enforcement officer or Class Two special law enforcement officer without full investigation if it determines that the complaint does not constitute a violation of law or departmental rule or regulation. A complaint filed by a private citizen or an inmate also may be dismissed if the complainant failed to substantially comply with the complaint procedure prescribed by the employing department. Finally, the bill expands the list of retired law enforcement officers who are eligible to receive a permit to carry a handgun to include retired arson investigators and Class Two special law enforcement officers who retire after four years of service. Under current law, certain retired law enforcement officers may annually apply for a permit to carry a handgun, until those officers reach age 75, at which time they are no longer eligible. The permit allows a retired law enforcement officer to carry a handgun at all times. Under this bill, retired arson investigators and Class Two special law enforcement officers who retire after four years of service would be eligible to receive a carry permit.

AI Summary

Committee Categories

Ronald Rice (D)*,  Teresa Ruiz (D)*, 

Introduced in the Senate, Referred to Senate Law and Public Safety Committee (on 03/22/2018)