New Jersey-2024-A2429-Introduced

An Act concerning Class Three special law enforcement officers and amending P.L.1985, c.439.

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

1. Section 4 of P.L.1985, c.439 (C.40A:14-146.11) is amended to read as follows:

4. a. A person shall not commence the duties of a special law enforcement officer unless the person has successfully completed a training course approved by the commission and a special law enforcement officer shall not be issued a firearm unless the officer has successfully completed the basic firearms course approved by the commission for permanent, regularly appointed police and annual requalification examinations as required by subsection b. of section 7 of P.L.1985, c.439 (C.40A:14-146.14). There shall be three classifications for special police officers. The commission shall prescribe by rule or regulation the training standards to be established for each classification. Training may be in a commission approved academy or in any other training program which the commission may determine appropriate. The classifications shall be based upon the duties to be performed by the special law enforcement officer as follows:

(1) Class One. Officers of this class shall be authorized to perform routine traffic detail, spectator control, and similar duties. If authorized by ordinance or resolution, as appropriate, Class One officers shall have the power to issue summonses for disorderly persons and petty disorderly persons offenses, violations of municipal ordinances, and violations of Title 39 of the Revised Statutes. The use of a firearm by an officer of this class shall be strictly prohibited and a Class One officer shall not be assigned any duties which may require the carrying or use of a firearm.

(2) Class Two. Officers of this class shall be authorized to exercise full powers and duties similar to those of a permanent, regularly appointed full-time police officer. The use of a firearm by an officer of this class may be authorized only after the officer has been fully certified as successfully completing training as prescribed by the commission.

(3) Class Three. (a) Officers of this class shall be authorized to exercise full powers and duties similar to those of a permanent, regularly appointed full-time police officer while providing security at a public or nonpublic school or a county college on the school or college premises during hours when the public or nonpublic school or county college is normally in session or when it is occupied by public or nonpublic school or county college students or their teachers or professors. While on duty in the jurisdiction of employment, an officer may respond to offenses or emergencies off school or college grounds if they occur in the officer's presence while traveling to a school facility or county college, but an officer shall not otherwise be dispatched or dedicated to any assignment off school or college property.

A school district which procures the services of Class Three special law enforcement officers to provide security at public schools in the district also shall procure these services for nonpublic schools in the district. The school district shall be responsible for compensating the local unit for the security services rendered by a Class Three officer in public and nonpublic schools.

(b) Officers of this class shall be authorized to exercise full powers and duties similar to those of a permanent, regularly appointed full-time police officer while providing security at a church, mosque, synagogue, temple, or any other building used by a congregation as a place of religious worship.

The use of a firearm by an officer of this class shall be authorized pursuant to the provisions of subsection b. of section 7 of P.L.1985, c.439 (C.40A:14-146.14). An officer of this class shall not be authorized to carry a firearm while off duty unless the officer complies with the requirements set forth in subsection l. of N.J.S.2C:39-6 authorizing a retired law enforcement officer to carry a handgun.

b. The commission may, in its discretion, except from the requirements of this section any person who demonstrates to the commission's satisfaction that the person has successfully completed a police training course conducted by any federal, state or other public or private agency, the requirements of which are substantially equivalent to the requirements of this act.

c. The commission shall certify officers who have satisfactorily completed training programs and issue appropriate certificates to those officers. The certificate shall clearly state the category of certification for which the officer has been certified by the commission.

d. All special law enforcement officers appointed and in service on the effective date of this act may continue in service if within 24 months of the effective date of this act they will have completed all training and certification requirements of this act.

(cf: P.L.2016, c.68, s.2)

2. This act shall take effect immediately.

STATEMENT

This bill expands the scope of where Class Three special law enforcement officers may provide security to include places of religious worship. The bill further requires school districts which hire these officers to provide security in public schools to also hire them for the nonpublic schools in the district. Under the bill, the school district would be responsible for compensating the municipality for the officer's services in both public and nonpublic schools.

P.L.2016, c.68 established an additional category of "Class Three" special law enforcement officers under the Special Law Enforcement Officers' Act to provide security in this State's public and nonpublic schools and county colleges. Appointed by the local police department, these officers are authorized to exercise the full powers and duties as those accorded full-time police officers of the department. A person is eligible to be appointed as a Class Three special law enforcement officer if he or she is a retired police officer less than 65 years old and has served as a duly qualified, fully-trained, full-time municipal or county police officer or was regularly employed as a full-time member of the State Police within the previous three years. The person also has to be physically capable of performing the job and have the appropriate law enforcement and safe schools resource officer training. These officers may only be employed to assist municipal police departments and are not to be employed to replace or substitute for full-time police officers. They may only be hired in a part-time capacity.

Specifically under the bill, in addition to providing security in public and nonpublic schools and county colleges, Class Three officers could provide security in churches, mosques, synagogues, temples, or any other building used by a congregation as a place of religious worship.

The bill does not require school districts to hire Class Three officers, but if they are hired to work in the public schools, these officers also are to be made available in nonpublic schools in the district. School districts, not the public or nonpublic school, would be required to directly pay for these officers under the bill.