Bill Text: NJ S2848 | 2014-2015 | Regular Session | Introduced
Bill Title: Affords immunity to private colleges and their police officers in certain cases.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2015-05-07 - Introduced in the Senate, Referred to Senate Judiciary Committee [S2848 Detail]
Download: New_Jersey-2014-S2848-Introduced.html
Sponsored by:
Senator FRED H. MADDEN, JR.
District 4 (Camden and Gloucester)
Senator CHRISTOPHER "KIP" BATEMAN
District 16 (Hunterdon, Mercer, Middlesex and Somerset)
SYNOPSIS
Affords immunity to private colleges and their police officers in certain cases.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning immunity from civil liability in certain cases 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. Notwithstanding the provisions of any law to the contrary, persons duly appointed by a private, nonprofit institution of higher education to act as a police officer pursuant to section 1 of P.L.1970, c.211 (C.18A:6-4.2) shall be afforded immunity from civil liability for damages arising out of and directly relating to the lawful exercise of their authorized police power pursuant to section 4 of P.L.1970, c.211 (C.18A:6-4.5).
2. Notwithstanding the provisions of any law to the contrary, a private, nonprofit institution of higher education shall be afforded immunity from civil liability for damages arising out of and directly relating to the lawful exercise of the authorized police powers of persons the institution has duly appointed pursuant to section 1 of P.L.1970, c.211 (C.18A:6-4.2) to act as police officers.
3. Nothing in this act shall provide immunity for civil liability in excess of civil liability provided to other duly appointed police officers.
4. This act shall take effect immediately, and shall apply to incidents occurring following the effective date.
STATEMENT
This bill affords immunity from civil liability for damages to police officers appointed by private, nonprofit institutions of higher education for any damages arising out of and directly relating to the lawful exercise of their authorized police powers.
The bill also provides immunity to the appointing private, nonprofit institution of higher education.
The immunity afforded under this bill only applies in instances where the police officer is lawfully exercising his or her authorized police powers. There is no immunity if the damages result from or are related to any criminal act, disciplinary infraction, or unauthorized law enforcement activity that the officer has been found to have committed. The immunity afforded under this bill is identical to, and does not exceed, the immunity afforded any other duly appointed police officer in the State of New Jersey. The immunity afforded under this bill does not extend to incidents which occurred prior to bill's enactment.
