Bill Text: NJ A5009 | 2020-2021 | Regular Session | Introduced
Bill Title: Requires Attorney General to revise law enforcement use of force policy; implements certain reforms.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2020-11-19 - Introduced, Referred to Assembly Community Development and Affairs Committee [A5009 Detail]
Download: New_Jersey-2020-A5009-Introduced.html
Sponsored by:
Assemblyman BENJIE E. WIMBERLY
District 35 (Bergen and Passaic)
SYNOPSIS
Requires Attorney General to revise law enforcement use of force policy; implements certain reforms.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning use of force by law enforcement officers and supplementing Title 52 of the Revised Statutes
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. The Legislature finds and declares:
a. The highest priority of New Jersey's law enforcement officers is to safeguard the life, dignity, and liberty of all persons, without prejudice toward anyone.
b. Law enforcement officers shall be guided by the principle of reverence for human life in all investigative, enforcement, and other contacts between officers and members of the public.
c. When law enforcement officers are called upon to detain or arrest a suspect who is uncooperative or actively resisting arrest, may attempt to flee, poses a danger to others, or poses a danger to themselves officers should consider tactics and techniques that may persuade the suspect to voluntarily comply or may mitigate the need to use a higher level of force to resolve the situation safely.
d. Vesting law enforcement officers with the authority to use necessary force as determined by an objectively reasonable officer and to protect the public welfare requires monitoring, evaluation, and a careful balancing of all interests.
e. The authority to use force is a serious responsibility given to law enforcement officers by the people who expect them to exercise that authority judiciously and with respect for human rights, dignity, and life.
f. The purpose of this act is to establish the minimum standard for policies and reporting procedures regarding New Jersey law enforcement agencies' use of force. The purpose of these use of force policies is to provide law enforcement agencies with guidance regarding the use and application of force to ensure such applications only are used to effect arrests or lawful detentions, overcome resistance, or bring a situation under legitimate control.
2. a. The Attorney General shall revise the policy for the use of force by law enforcement officers. The revised use of force policy shall include, but not be limited to, the following:
(1) a requirement that officers utilize deescalation techniques, crisis intervention tactics, and other alternatives to force when feasible;
(2) a requirement that officers only may use a level of force that they reasonably believe is proportional to the seriousness of the suspected offense or the reasonably perceived level of actual or threatened resistance;
(3) a requirement that officers report potential excessive force to a superior officer when present and observing another officer using force that the officer believes to be beyond that which is necessary, as determined by an objectively reasonable officer under the circumstances based upon the totality of information actually known to the officer;
(4) clear and specific guidelines regarding situations in which officers may or may not draw a firearm or point a firearm at a person;
(5) a requirement that officers consider their surroundings and potential risks to bystanders, to the extent reasonable under the circumstances, before discharging a firearm;
(6) procedures for the filing, investigation, and reporting of citizen complaints regarding use of force incidents;
(7) a requirement that an officer intercede when present and observing another officer using force that is clearly beyond that which is necessary, as determined by an objectively reasonable officer under the circumstances, taking into account the possibility that other officers may have additional information regarding the threat posed by a subject;
(8) comprehensive and specific guidelines regarding approved methods and devices available for the application of force;
(9) an explicitly stated requirement that officers carry out their duties, including use of force, in a manner that is fair and unbiased;
(10) comprehensive and specific guidelines for the application of deadly force;
(11) a requirement that officers promptly provide, if properly trained, or otherwise promptly procure medical assistance for persons injured in a use of force incident, when reasonable and safe to do so;
(12) training standards and requirements relating to demonstrated knowledge and understanding of the law enforcement agency's use of force policy by law enforcement officers;
(13) training and guidelines regarding vulnerable populations, including, but not limited to, children, elderly persons, pregnant persons, and those with physical, mental, and developmental disabilities;
(14) factors for evaluating and reviewing all use of force incidents;
(15) minimum training and course titles required to meet the objectives in the use of force policy; and
(16) a requirement for the regular review and updating of the policy to reflect developing practices and procedures.
b. The Attorney General shall publish the revised use of force procedures established pursuant to this section on the first day of the eighth month following the effective date of this act.
3. This act shall take effect on the first day of the seventh month following the date of enactment.
STATEMENT
This bill requires the
Attorney General to revise the policy for the
use of force by law enforcement officers. The current use of force policy followed by law enforcement officers was last revised by the Attorney General in 2001.
The bill enumerates specific requirements, factors, standards, and reforms which are to be included in the revised use of force policy. The Attorney General would be required to publish the revised policy within seven months following the date of the bill's enactment.
