ASSEMBLY, No. 5324

STATE OF NEW JERSEY

221st LEGISLATURE

 

INTRODUCED FEBRUARY 10, 2025

 

 

Sponsored by:

Assemblywoman  VERLINA REYNOLDS-JACKSON

District 15 (Hunterdon and Mercer)

Assemblywoman  CARMEN THERESA MORALES

District 34 (Essex)

 

 

 

 

SYNOPSIS

     Requires law enforcement use-of-force incidents to be reported within 24 hours.

 

CURRENT VERSION OF TEXT

     As introduced.

  

An Actconcerning certain investigations and supplementing Title 40A of the New Jersey Statutes.

 

     Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

     1.    a.  As used in this act:

     "Independent investigator" means the law enforcement entity tasked with primary responsibility for investigating a law enforcement incident and, if appropriate, determining whether to present a proposed indictment regarding the principal for the principal's role in a law enforcement incident.

     "Law enforcement incident" means any of the following incidents:

     (1)  use of force by a law enforcement officer resulting in death;

     (2)  use of force by a law enforcement officer resulting in serious bodily injury;

     (3)  use of deadly force, including the discharge of a firearm, by a law enforcement officer regardless of whether the force resulted in injury;

     (4)  the death of any civilian during an encounter with a law enforcement officer; and

     (5)  the death of any civilian while in the custody of law enforcement.

     b.    When a law enforcement incident occurs, every State, county, and municipal law enforcement agency shall within 24 hours notify the county prosecutor's office of the county in which the incident occurred, who shall immediately notify the Director of the Office of Public Integrity and Accountability or a designee. The director shall select the independent investigator as defined by subsection a. of this section as soon as possible after learning of the law enforcement incident, but no later than 24 hours after the law enforcement incident occurs. The independent investigator shall be responsible for conducting an investigation in accordance with guidelines established by the Attorney General.  

 

     2.    This act shall take effect immediately. 

 

 

STATEMENT

 

     This bill requires every State, county, and municipal law enforcement agency to notify within 24 hours the county prosecutor's office of the county in which a law enforcement incident occurs. 

     The bill defines a "law enforcement incident" as any of the following: 1) use of force by a law enforcement officer resulting in death or serious bodily injury; 2) use of deadly force, including the  discharge of a firearm, by a law enforcement officer regardless of  whether the force resulted in injury; 3) the death of any civilian during an encounter with a law enforcement officer; and 4) the  death of any civilian while in the custody of law enforcement.

     Under the bill, the county prosecutor would be required to immediately notify the Director of the Office of Public Integrity and Accountability (OPIA) who would select an independent investigator no later than 24 hours after the law enforcement incident occurs. The independent investigator would be responsible for conducting an investigation in accordance with guidelines established by the Attorney General.  

     This bill codifies certain provisions of an Attorney General Directive concerning criminal investigations of law enforcement use-of-force and in custody deaths.