Bill Text: NJ A3271 | 2024-2025 | Regular Session | Introduced
Bill Title: Makes law enforcement disciplinary records accessible as government record.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced) 2024-01-09 - Introduced, Referred to Assembly Public Safety and Preparedness Committee [A3271 Detail]
Download: New_Jersey-2024-A3271-Introduced.html
STATE OF NEW JERSEY
221st LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2024 SESSION
Sponsored by:
Assemblyman BENJIE E. WIMBERLY
District 35 (Bergen and Passaic)
Assemblywoman VERLINA REYNOLDS-JACKSON
District 15 (Hunterdon and Mercer)
SYNOPSIS
Makes law enforcement disciplinary records accessible as government record.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel.
An Act concerning the disclosure of law enforcement disciplinary records, and supplementing P.L.1963, c.73 (C.47:1A-1 et seq.).
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. Notwithstanding the provisions of P.L.1963, c.73 (C.47:1A-1 et seq.) or any other law to the contrary, the disciplinary records of any law enforcement officer shall be considered a government record and shall be made available for public access.
At no time shall records containing personal information pertaining to the law enforcement officer, the complainant or the complainant's family, including, but not limited to, a home address, home telephone number, work or school address, work telephone number, social security account number, medical history or any other identifying information, be accessible as a government record.
b. As used in this section:
"Law enforcement officer" means any person who is employed as a permanent full-time member of a law enforcement agency, and who is statutorily empowered to act for the detection, investigation, arrest, and conviction of persons violating the criminal laws of this State and statutorily required to successfully complete a training course approved, or certified as being substantially equivalent to the approved course, by the Police Training Commission pursuant to P.L.1961, c.56 (C.52:17B-66 et seq.).
c. Law enforcement disciplinary records shall include any record created in furtherance of a law enforcement disciplinary proceeding, including, but not limited to:
(1) the complaints, allegations, and charges;
(2) the name of the officer complained of or charged;
(3) the transcript of any disciplinary trial or hearing, including any exhibits introduced at such trial or hearing;
(4) the disposition of any proceeding; and
(5) the final written opinion or memorandum supporting the disposition and discipline imposed including the agency's complete factual findings and its analysis of the conduct and appropriate discipline of the covered officer.
2. This act shall take effect immediately.
STATEMENT
Under current law, law enforcement disciplinary records are not accessible as a government record. Under this bill, the records will be considered a government record, and accessible under the law commonly referred to as the open public records act.
Under this bill, and under current law, the personal information pertaining to the law enforcement officer, the complainant or the complainant's family, will not be accessible as a government record.
Under the bill, law enforcement disciplinary records includes, but is not limited to: the complaints, allegations, and charges; the name of the officer complained of or charged; the transcript of any disciplinary trial or hearing, including any exhibits; the disposition of any proceeding; and the final written opinion or memorandum supporting the disposition and discipline imposed including the agency's complete factual findings and its analysis of the conduct and appropriate discipline of the covered officer.
