Bill Text: NJ S2081 | 2022-2023 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Concerns investigation of missing persons cases.

Spectrum: Moderate Partisan Bill (Democrat 7-1)

Status: (Passed) 2023-05-15 - Approved P.L.2023, c.59. [S2081 Detail]

Download: New_Jersey-2022-S2081-Amended.html

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[First Reprint]

SENATE, No. 2081

STATE OF NEW JERSEY

220th LEGISLATURE

 

INTRODUCED MARCH 3, 2022

 

 

Sponsored by:

Senator  LINDA R. GREENSTEIN

District 14 (Mercer and Middlesex)

Senator  NICHOLAS J. SACCO

District 32 (Bergen and Hudson)

 

Co-Sponsored by:

Senators Diegnan and O'Scanlon

 

 

 

 

SYNOPSIS

     Concerns investigation of missing persons cases.

 

CURRENT VERSION OF TEXT

     As reported by the Senate Law and Public Safety Committee on March 21, 2022, with amendments.

  

An Act concerning ¹[high risk]¹ missing persons ¹[,]¹ and amending P.L.1983, c.467 and P.L.2007, c.279.

 

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

 

     1.  Section 3 of P.L.1983, c.467 (C.52:17B-9.8) is amended to read as follows:

     3.    In addition to any other powers and duties vested in it by law or by the Attorney General, the unit shall:

     a.     Coordinate, file and investigate all missing persons cases in this State, and cooperate with local law enforcement officials and federal law enforcement officials in the creation of a centralized office on missing persons in this State;

     b.    (Deleted by amendment, P.L.2007, c.39).

     c.     Collect and maintain data on missing persons and unidentified bodies in this State and throughout the United States; 

     d.    Coordinate efforts with other states and with the federal government in the investigation of cases involving missing persons or unidentified bodies;

     e.     Provide specialized training to law enforcement officers and medical examiners in this State, in conjunction with the Police Training Commission, which would enable them to more efficiently handle the tracing of missing persons and unidentified bodies on the local level; 

     f.     Employ the services of local law enforcement agencies or other social or governmental agencies ;

     g.    ¹[Issue legal process] Be authorized to issue administrative supoenas¹ concerning any case involving ¹a¹ missing ¹[persons] person¹ or unidentified ¹[bodies for] body to obtain¹ information necessary to conduct an investigation; ¹[including, but not limited to, administrative subpoenas and court orders.] and

     h.  Be authorized to seek or obtain from an appropriate court legal process, including but not limited to, subpoenas, warrants, and court orders, concerning any case involving a high-risk missing person designated pursuant to subsection a. of section 5 of P.L.2007, c.279 (C.52:17B-216).¹

(cf: P.L.2007, c.39, s.6)

 

     2.    Section 5 of P.L.2007, c.279 (C.52:17B-216) is amended to read as follows:

     5.    a.  (1)  Upon the initial receipt of a missing person report, a law enforcement agency shall seek to determine whether the person reported missing is to be designated a high risk missing person.

     (2) ¹[If a law enforcement agency has reason to believe that a person reported missing is a high risk missing person, the agency shall consult with the Division of Criminal Justice, the respective county prosecutor's office, or both, as appropriate under the circumstances.  If it is determined upon consultation that a person reported missing is a high risk missing person, there shall be a presumption that a person has engaged or is engaging in a crime or offense, which shall provide the basis for the issuance of legal process. This presumption may be rebutted if evidence discovered during further investigation indicates that the missing person does not qualify as a high risk missing person as defined in section 1 of P.L.2007, c.279 (C.52:17B-212). Any records obtained in the course of a missing persons investigation may be released to a governmental entity upon showing of good cause to the Superior Court, Law Division.] If a law enforcement agency has reason to believe that a person reported missing is a high risk missing person pursuant to section 1 of P.L.2007, c.279 (C.52:17B-212), the agency shall contact the appropriate county prosecutor who shall determine whether the person reported missing is a high risk missing person.  If the prosecutor determines that the person is a high risk missing person, there shall be a rebuttable presumption that the person is missing as a result of, or in association with, criminal activity, and the Missing Persons Unit may seek or obtain legal process pursuant to subsection h. of section 3 of P.L.1983, c.467 (C.52:17B-9.8).

     If the Missing Persons Unit discovers evidence during the investigation which indicates that the missing person does not meet the definition of a high risk missing person, there shall no longer be a rebuttable presumption that the person is missing as a result of, or in association with, criminal activity, and the Missing Persons Unit shall not seek or obtain legal process pursuant to subsection h. of section 3 of P.L.1983, c.467 (C.52:17B-9.8).

     The Superior Court, Law Division may release any records that are obtained by the Missing Persons Unit to a governmental entity upon showing of good cause by the governmental entity.¹

     b.    If the initial determination of a person reported missing does not warrant designation of that person as high risk, it shall not preclude a later determination, based on further investigation or the discovery of additional information, that the missing person is high risk.

(cf: P.L.2007, c.279, s.5)

 

     3.    This act shall take effect immediately.