Bill Text: NJ ACR24 | 2014-2015 | Regular Session | Introduced

New Jersey Assembly Concurrent Resolution 24 (Prior Session Legislation)

Introduced

Bill Title: Proposes constitutional amendment establishing right to privacy from government intrusion.

Spectrum: Slight Partisan Bill (Republican 3-1)

Status: (Introduced - Dead) 2014-01-16 - Introduced, Referred to Assembly Homeland Security and State Preparedness Committee [ACR24 Detail]

Download: New_Jersey-2014-ACR24-Introduced.html

ASSEMBLY CONCURRENT RESOLUTION No. 24

STATE OF NEW JERSEY

216th LEGISLATURE

PRE-FILED FOR INTRODUCTION IN THE 2014 SESSION

Sponsored by:

Assemblywoman AMY H. HANDLIN

District 13 (Monmouth)

Assemblywoman CAROLINE CASAGRANDE

District 11 (Monmouth)

Assemblyman RONALD S. DANCER

District 12 (Burlington, Middlesex, Monmouth and Ocean)

Co-Sponsored by:

Assemblyman Caputo

SYNOPSIS

Proposes constitutional amendment establishing right to privacy from government intrusion.

CURRENT VERSION OF TEXT

Introduced Pending Technical Review by Legislative Counsel

A Concurrent Resolution proposing an amendment to Article I, paragraph 7 of the Constitution of the State of New Jersey.

Be It Resolved by the General Assembly of the State of New Jersey (the Senate concurring):

1. The following proposed amendment to the Constitution of the State of New Jersey is agreed to:

PROPOSED AMENDMENT

Amend Article I, paragraph 7 to read as follows:

7. The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated; and no warrant shall issue except upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched and the papers and things to be seized. The right of the people to privacy from government intrusion shall not be infringed upon except by due process.

2. When this proposed amendment to the Constitution is finally agreed to pursuant to Article IX, paragraph 1 of the Constitution, it shall be submitted to the people at the next general election occurring more than three months after the final agreement and shall be published at least once in at least one newspaper of each county designated by the President of the Senate, the Speaker of the General Assembly and the Secretary of State, not less than three months prior to the general election.

3. This proposed amendment to the Constitution shall be submitted to the people at that election in the following manner and form:

There shall be printed on each official ballot to be used at the general election, the following:

a. In every municipality in which voting machines are not used, a legend which shall immediately precede the question as follows:

If you favor the proposition printed below make a cross (X), plus (+), or check (a) in the square opposite the word "Yes." If you are opposed thereto make a cross (X), plus (+) or check (a) in the square opposite the word "No."

b. In every municipality the following question:

		CONSTITUTIONAL AMENDMENT TO CLARIFY THAT PEOPLE HAVE A RIGHT TO PRIVACY FROM GOVERNMENT INTRUSION EXCEPT BY DUE PROCESS
	YES	Do you approve amending the Constitution to clarify that people have a right to privacy from government intrusion unless the government follows due process of law?
		INTERPRETIVE STATEMENT
	NO	Currently, the Constitution states that all persons are protected against unreasonable searches and seizures by the government. This constitutional amendment would clarify that people's privacy is also protected from government intrusion, unless the government follows due process of law. "Due process of law" means a sequence of legal steps designed to safeguard the legal rights of the individual. These rights include notice and an opportunity to be heard, and to defend oneself in an orderly proceeding. A "yes" vote would amend the Constitution to provide that a person's privacy is protected from government intrusion, unless the government follows due process of law. A "no" vote would leave the Constitution unchanged.

STATEMENT

Currently, the Constitution recognizes that all persons are protected against unreasonable searches and seizures by the government. This concurrent resolution proposes an amendment to the New Jersey Constitution that would clarify that people have a right to privacy from government intrusion, unless the government follows due process of law.