Bill Text: NJ A2948 | 2012-2013 | Regular Session | Introduced
Bill Title: Sets forth certain reporting requirements when out-of-State law enforcement entities conduct counter-terrorism investigations within New Jersey.*
Spectrum: Partisan Bill (Democrat 5-0)
Status: (Passed) 2013-09-06 - Approved P.L.2013, c.156. [A2948 Detail]
Download: New_Jersey-2012-A2948-Introduced.html
Sponsored by:
Assemblyman CHARLES MAINOR
District 31 (Hudson)
SYNOPSIS
Requires out-of-state law enforcement entities to report surveillance activities in New Jersey.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning criminal surveillance and supplementing Title 2A of the New Jersey Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. For the purposes of this act, "surveillance operation" means the act of monitoring, observing, listening to, or making a recording of a person or group of persons or their movements, activities and communications.
b. No law enforcement agency, or investigative or law enforcement officer, of another state shall conduct a surveillance operation within the borders of this State unless that law enforcement agency, or investigative or law enforcement officer, has provided prior notice of the surveillance operation to the Attorney General, the superintendent of State Police, and the chief law enforcement officer of the jurisdiction in which the operation is to take place. The notification shall include:
(1) the identity and qualifications of the investigative or law enforcement officers conducting the surveillance operation;
(2) the identity of the particular person or group of persons, if known, who are the subject of the surveillance operation;
(3) a statement of facts establishing the purpose of the surveillance activities and the character of the information that the law enforcement agency, or investigative or law enforcement officer intends to obtain from conducting a surveillance operation;
(4) the location of the surveillance operation or the particular place where the operation is to take place; and
(5) a statement of the period of time during which the surveillance operation is to be conducted.
c. Whenever, on the basis of available information, the Attorney General finds that a law enforcement agency, or investigative or law enforcement officer, of another state has violated the provisions of this act or any rule or regulation adopted pursuant to this act, the Attorney General, or his designee, may seek and obtain in a summary proceeding in the Superior Court a temporary or permanent injunction prohibiting that law enforcement agency, or investigative or law enforcement officer, from engaging in a surveillance operation. In such a proceeding the court may enter such orders as is necessary to prevent the performance of an unlawful surveillance operation in violation of this act, or may require compliance with the provision this act.
d. The Attorney General may promulgate rules and regulations, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), necessary to effectuate the purposes of this act.
2. This act shall take effect immediately.
STATEMENT
This bill requires out-of-state law enforcement entities to provide prior notice before conducting a surveillance operation in the State of New Jersey to the Attorney General, the superintendent of State Police, and the chief law enforcement officer of the jurisdiction in which a surveillance operation is to take place. The bill requires that a notification include the identity and qualifications of the law enforcement officers conducting a surveillance operation as well as the identity of the particular person or group of persons who are the subject of a surveillance operation. An out-of-state law enforcement entity is also required to provide a statement of facts establishing the purpose of the surveillance activities and the character of the information that may be obtained from surveillance. In addition, the bill requires that the notification include the intended location of the surveillance operation and a statement providing the time period during which surveillance is to be conducted.
Upon finding that an out-of-state law enforcement agency has not complied with the notification requirements under the bill, the Attorney General may seek a temporary or permanent injunction in a summary proceeding in Superior Court. The bill allows the court to enter an order to prevent the performance of a surveillance operation, or to require compliance with the provisions of the bill.
