Bill Text: NJ S2800 | 2016-2017 | Regular Session | Introduced
Bill Title: Requires appointment of special prosecutor to investigate and prosecute any criminal complaint against New Jersey Governor.
Sponsorship: Slight Partisan Bill (Democrat 2-1)
Status: (Introduced - Dead) 2016-11-21 - Introduced in the Senate, Referred to Senate Judiciary Committee [S2800 Detail]
Download: New_Jersey-2016-S2800-Introduced.html
Sponsored by:
Senator RAYMOND J. LESNIAK
District 20 (Union)
Senator LORETTA WEINBERG
District 37 (Bergen)
SYNOPSIS
Requires appointment of special prosecutor to investigate and prosecute any criminal complaint against New Jersey Governor.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning the appointment of a special prosecutor to investigate and prosecute any criminal complaint against the Governor of the State of New Jersey 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. Within 60 days of the filing of any criminal complaint against the Governor of the State of New Jersey, the Chief Justice of the New Jersey Supreme Court shall appoint a person with appropriate experience as a special prosecutor to investigate and, if warranted, prosecute the criminal complaint.
2. a. Notwithstanding any other provisions of law, a special prosecutor appointed pursuant to the provisions of this act shall have, with respect to all matters in the special prosecutor's jurisdiction, full power and independent authority to exercise all investigative and prosecutorial functions and powers of the Attorney General. Such investigative and prosecutorial functions and powers shall include:
(1) Conducting proceedings before the grand jury and other investigations;
(2) Participating in court proceedings and engaging in any litigation, including civil and criminal matters, that the special prosecutor considers necessary;
(3) Appealing any decision of a court in any case or proceeding in which the special prosecutor participates in an official capacity;
(4) Reviewing all documentary evidence available from any source;
(5) Determining whether to contest the assertion of any testimonial privilege;
(6) Making application to the Superior Court for a grant of immunity to any witness or for warrants, subpoenas, or other court orders; and
(7) Initiating and conducting prosecutions, framing and signing indictments, filing information, and handling all aspects of any case, in the name of the State of New Jersey.
b. The special prosecutor appointed pursuant to this act shall receive compensation at the per diem rate established by the Supreme Court for retired Superior Court judges serving on a recall basis.
c. The special prosecutor may request assistance from the Department of Law and Public Safety in carrying out the functions of the special prosecutor, and the department shall provide that assistance, which may include access to any records, files, or other material relevant to matters within the special prosecutor's jurisdiction and the use of the resources and personnel necessary to perform such duties.
d. The Department of Law and Public Safety shall pay all costs relating to the establishment and operation of the office of special prosecutor.
e. The special prosecutor shall, when possible, comply with the written or other established policies of the Department of Law and Public Safety with respect to the enforcement of the criminal laws.
3. The appointment of the special prosecutor shall terminate when:
a. The special prosecutor notifies the Attorney General that the investigation of all matters within the jurisdiction of the special prosecutor and any resulting prosecutions have been completed or so substantially completed that it would be appropriate for the Department of Law and Public Safety to complete such investigations and prosecutions; and
b. The special prosecutor has filed a final report with the Legislature with regard to the investigation.
4. This act shall take effect immediately and shall be applicable to any criminal complaint filed on or after the effective date of this act and any criminal complaint filed before the effective date of this act, that is not time barred by an applicable statute of limitations, and which has not resulted in a conviction or acquittal, including any complaint which was administratively dismissed.
STATEMENT
This bill would authorize the appointment of a special prosecutor to investigate and, if warranted, prosecute any criminal complaint filed against the Governor of the State of New Jersey.
Under the bill, the special prosecutor would be selected by the Chief Justice of the Supreme Court. The special prosecutor would have full power and independent authority to exercise all investigative and prosecutorial functions and powers of the Attorney General in this matter.
The appointment of the special prosecutor would terminate when
he: (1) notifies the Attorney General that the investigation and any resulting prosecutions have been completed or so substantially completed that it would be appropriate for the Department of Law and Public Safety to complete such investigations and prosecutions; and (2) files a final report with the Legislature with regard to the investigation.
This bill would take effect immediately and would be applicable to any criminal complaint filed on or after the effective date of this bill and any criminal complaint filed before the effective date of this bill, that is not time barred by an applicable statute of limitations, and which has not resulted in a conviction or acquittal, including any complaint which was administratively dismissed.
