Bill Text: NJ A3323 | 2018-2019 | Regular Session | Introduced
Bill Title: Requires AG to study use of stun guns by Human Services police officers.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2018-02-12 - Introduced, Referred to Assembly Human Services Committee [A3323 Detail]
Download: New_Jersey-2018-A3323-Introduced.html
Sponsored by:
Assemblywoman VALERIE VAINIERI HUTTLE
District 37 (Bergen)
SYNOPSIS
Requires AG to study use of stun guns by Human Services police officers.
CURRENT VERSION OF TEXT
As introduced.
An Act requiring the Attorney General to study whether Human Services police officers should be authorized to carry and use conducted energy devices.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. The Legislature finds and declares that:
a. The use of conducted energy devices by law enforcement officers in this State has been approved by the Attorney General as specified in guidelines issued on October 7, 2010. Conducted energy devices often are referred to as stun guns or Tasers, but are actually a subcategory of stun-guns as that term is defined in this State's criminal code. The Attorney General guidelines define a conducted energy device as "any device approved by the Attorney General that is capable of firing darts/electrodes that transmit an electrical charge or current intended to temporarily disable a person." The guidelines specify that these devices may only be used when it is reasonably necessary to temporarily incapacitate persons who are physically combative to prevent them from causing injury to themselves or others, or to prevent the escape of a violent offender. These devices may allow a police officer to resolve a confrontation without resorting to the use of deadly force. The guidelines give the chief executive of a law enforcement agency the discretion to determine whether members of the agency should be authorized to carry and use the devices. Only officers authorized in writing by the chief executive who have received the appropriate training may carry and use a conducted energy device.
b. The Department of Human Services Police Force is responsible for protecting the facilities in this State under the jurisdiction of the Department of Human Services. These facilities include developmental centers and psychiatric hospitals. The police force also protects units within the Division of Youth and Family Services. According to the mission statement of the Human Services Police, these officers serve the most vulnerable citizens in this State with respect and sensitivity; protect life and property; prevent crime and safeguard constitutional rights; foster a sense of security in the community; and nurture the public trust by holding themselves to the highest standards of performance and integrity. The members of the Department of Human Services Police Force currently are not authorized to carry and use conducted energy devices. Although they are responsible for protecting vulnerable patients, these police officers also are responsible for protecting mental health staff and others in these facilities. It may be beneficial for appropriately trained members of the Human Services Police Force to have at their disposal a conducted energy device if a patient becomes violent or combative or if a violent patient is attempting to escape from a facility.
c. It is, therefore, altogether fitting and proper for the Attorney General to study whether it is appropriate for the members of the Department of Human Services Police Force to carry and use conducted energy devices in the performance of their duties.
2. a. The Attorney General shall conduct a study and make recommendations concerning whether it is appropriate for members of the Department of Human Services Police Force to carry and use conducted energy devices in the performance of their duties.
b. A report of the study's findings and recommendations shall be submitted to the Governor, and, pursuant to section 2 of P.L.1991, c.164 (C:52:14-19.1), to the President of the Senate and Speaker of the General Assembly no later than six months after the effective date of this act.
3. This act shall take effect immediately.
STATEMENT
This bill requires the Attorney General to conduct a study and make recommendations concerning the carrying and use of conducted energy devices, commonly referred to as stun guns or Tasers, by members of the Department of Human Services Police Force.
The use of conducted energy devices by law enforcement officers in this State has been approved by the Attorney General as specified in guidelines issued on October 7, 2010. The policy specifies that the chief executive of a law enforcement agency is responsible for determining whether members of the agency are authorized to carry and use these devices.
The Department of Human Services Police force protects developmental centers and psychiatric hospitals under the jurisdiction of the Department of Human Services, as well as units within the Division of Youth and Family Services. Currently, members of the Department of Human Services Police Force have not been authorized to carry or use conducted energy devices. While these officers are responsible for protecting vulnerable patients, these patients may become violent and combative. In this situation, it may be beneficial for these officers to carry and use a conducted energy device to control violent patients and prevent dangerous situations from escalating, thereby reducing the risk of injury to the patients, staff, and others.
The Attorney General is required to report the study's findings and recommendations to the Governor, President of the Senate, and Speaker of the General Assembly within six months of the bill's passage.
