Bill Text: NJ S3071 | 2022-2023 | Regular Session | Introduced
Bill Title: Permits waiver of certain police licensing requirements.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2022-09-29 - Introduced in the Senate, Referred to Senate Law and Public Safety Committee [S3071 Detail]
Download: New_Jersey-2022-S3071-Introduced.html
Sponsored by:
Senator EDWARD DURR
District 3 (Cumberland, Gloucester and Salem)
SYNOPSIS
Permits waiver of certain police licensing requirements.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning police licensing and amending P.L.2022, c.65.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 14 of P.L.2022, c.65 (C.52:17B-71b) is amended to read as follows:
14. a. The applicant for an initial law enforcement license or a probationary license shall have the burden of demonstrating to the satisfaction of the commission that the applicant meets all requirements for the issuance of a law enforcement license. The requirements for an initial license and a probationary license shall include, but not be limited to, that an applicant:
(1) be at least 18 years of age;
(2) be a citizen of the United States, if required for the position for which licensure is sought;
(3) be at least a high school graduate or have earned a General Educational Development (GED) diploma;
(4) be fingerprinted in accordance with the standards established by the commission;
(5) have passed a medical examination by a licensed physician, physician assistant, or licensed advanced practice registered nurse, based on specifications established by the commission;
(6) have passed a psychological examination by a licensed psychologist or psychiatrist based on specifications established by the commission;
(7) be of good moral character as determined by a background investigation conducted under the procedures established by the commission and successfully pass a criminal background records check in accordance with the Prison Rape Elimination Act (PREA), 28 C.F.R. 115.317, if applicable;
(8) successfully meet and complete all required basic physical and educational training courses as required by the commission;
(9) successfully pass a drug screening test as prescribed by the commission;
(10) possess a valid driver's license;
(11) not have received a dishonorable discharge from military service;
(12) successfully complete any probationary period prescribed by the commission;
(13) not have been convicted of any of the following:
(a) a crime in this State or any other state, territory, country, or of the United States, including a conviction of an offense which if committed in this State would be deemed a crime under either State or federal law without regard to its designation elsewhere;
(b) an act of domestic violence pursuant to P.L.1991, c.261 (C.2C:25-17 et seq.);
(c) an offense that would preclude an applicant from carrying a firearm as defined by N.J.S.2C:39-1;
(d) a disorderly persons offense or petty disorderly persons offense involving dishonesty, fraud, or a lack of good moral character, unless the commission determines the offense to be de minimis in nature or inconsequential to the applicant's ability to meet the standards expected of a law enforcement officer;
(e) two or more motor vehicle offenses for operating a motor vehicle while under the influence of drugs or alcohol pursuant to R.S.39:4-50 or two or more motor vehicle offenses for reckless driving pursuant to R.S.39:4-96; or
(f) any offense listed in (b) through (e) of this paragraph committed in violation of the laws of another state, territory, country, or the United States;
(14) not be the subject of or had a domestic violence restraining order pursuant to P.L.1991, c.261 (C.2C:25-17 et seq.), an extreme risk protective order, or a temporary extreme risk protective order pursuant to P.L.2018, c.35 (C.2C:58-20 et seq.) issued against the applicant;
(15) not be an active member of a group or organization that advocates for, espouses, or promotes the overthrow of a local, state, or federal government or discrimination or violence against or hatred or bias toward individuals or groups based on race, creed, color, national origin, ancestry, age, sex, marital status, sexual orientation, gender identity or expression, or any other protected characteristic under the "Law Against Discrimination," P.L.1945, c.169 (C.10:5-1 et seq.), or knowingly engage in any activity, conduct, or behavior relating to such group or organization with the intent to support, endorse or advocate for, or which the applicant knows or should know will have the effect of supporting, furthering, or advocating for, the goals of such group or organization, where active membership or knowing engagement would undermine public confidence in the ability of the individual law enforcement officer or the employing law enforcement agency to carry out the public safety mission, or where active membership or knowing engagement would cause substantial disruption to proper law enforcement functioning;
(16) not have engaged in conduct or behavior in the applicant's personal or professional life, including, but not limited to, making statements, posting, sharing, or commenting in support of any posting, on social media or otherwise, that demonstrates, espouses, advocates, or supports [discrimination or] violence or any other illegal conduct or behavior against [, or hatred or bias toward, individuals] any individual or [groups based on race, creed, color, national origin, ancestry, age, sex, marital status, sexual orientation, gender identity or expression, or any other protected characteristic under the "Law Against Discrimination," P.L.1945, c.169 (C.10:5-1 et seq.),] group where the conduct or behavior would undermine public confidence in the ability of the individual law enforcement officer or the employing law enforcement agency to carry out the public safety mission, or where the conduct or behavior would cause substantial disruption to proper law enforcement functioning;
(17) provide to the commission and the applicant's employing law enforcement unit a complete list of all social media accounts maintained by the applicant and grant to the commission and the applicant's employing law enforcement unit access to all outwardly facing activity and publicly accessible components of the accounts;
(18) not currently be listed on the National Decertification Index as being decertified as a law enforcement officer or having the license or certification as a law enforcement officer revoked or denied;
(19) pay or cause to be paid any fees, if applicable, established by the commission; and
(20) any other requirements established by the commission.
b. The commission may waive the requirements of subparagraphs (d) and (e) of paragraph (13) of subsection a. of this section if the applicant demonstrates to the licensing committee's satisfaction that:
(1) the applicant's conviction or convictions occurred five or more years prior to submission of an application for licensure as a law enforcement officer;
(2) the applicant has taken rehabilitative steps since the applicant's conviction or convictions to become a law-abiding citizen through actions, including but not limited to continuing education, maintaining gainful employment, and having no further convictions; and
(3) the applicant is currently of good moral character and submits at least three letters of recommendation from members of the applicant's community detailing the applicant's good moral character.
c. An applicant for licensure shall provide to the commission or the applicant's employing law enforcement unit documented proof, in a form and manner as required by the commission, that the applicant is in compliance with paragraphs (1) through (20) of subsection a. of this section. The commission shall promulgate in its rules and regulations the form, manner, and substance of documents required by the commission to provide sufficient proof of the qualifications required by this section. An application for initial licensure or license renewal of a person employed as full-time sworn member of any State, county, or municipal law enforcement agency or department, division or instrumentality of those governments on the effective date of P.L.2022, c.65 (C.52:17B-71a et al.) shall not be denied based solely on consideration of disciplinary actions based on conduct occurring prior to the date of enactment of P.L.2022, c.65 (C.52:17B-71a et al.).
d. The commission shall have the authority to issue a license for employment as a law enforcement officer if an applicant satisfies all licensing requirements. A license issued pursuant to this section shall expire three years after its date of issuance, before which time the law enforcement officer shall be required to apply for a license renewal pursuant to section 17 of P.L.2022, c.65 (C.52:17B-71d).
e. Law enforcement officers from jurisdictions outside of New Jersey and federal law enforcement officers applying for licensure in this State shall be required to meet all of the requirements set forth in this section and also shall be required to complete a waiver form that allows the commission and any hiring law enforcement unit to review the officer's internal affairs records from any and all prior law enforcement positions.
f. A person appointed as a permanent law enforcement officer prior to the effective date of P.L.2022, c.65 (C.52:17B-71a et al.) shall apply for a law enforcement license in accordance with section 17 of P.L.2022, c.65 (C.52:17B-71d). The commission shall devise a process and schedule for submission of a law enforcement license application for the officers.
g. At the discretion of the commission, licenses issued pursuant to this section may serve as authorization for a licensee to serve in one of the following positions, provided the licensee meets the requisite qualifications for that status: a full-time permanent law enforcement officer; a Class One, Class Two, or Class Three special law enforcement officer; or a probationary law enforcement officer.
h. In all situations where a law enforcement officer has been convicted of an offense set forth in subparagraph (a), (b), or (c) of paragraph (13) of subsection a. of this section, the commission shall deny the issuance of a license to an applicant.
i. Any decision to deny a license shall be accompanied by a written statement in a form to be prescribed by the commission.
j. The commission may waive the requirements of subparagraph (16) of subsection a. of this section concerning making statements, posting, sharing, or commenting in support of any posting, on social media or otherwise, if the applicant demonstrates to the licensing committee's satisfaction that:
(1) the applicant has not engaged in the conduct or behavior for three or more years prior to submission of an application for licensure as a law enforcement officer; and
(2) the applicant has deleted, taken down, or otherwise removed any language or content that would meet the criteria established in subparagraph (16) of subsection a. of this section.
(cf: P.L.2022, c.65, s.14)
2. This act shall take effect immediately.
STATEMENT
This bill amends the police licensing statute to make the social-media related requirements for applicants for an initial law enforcement license or a probationary license more objective and broadly applicable. Additionally, the bill provides the Police Training Commission (PTC) with authority to waive the social media-related requirements if an applicant can demonstrate that the prohibited conduct occurred three or more years ago and all related content has been removed.
Current law provides that an applicant is required to demonstrate that the applicant has not engaged in conduct or behavior in the applicant's personal or professional life, including, but not limited to, making statements, posting, sharing, or commenting in support of any posting, on social media or otherwise, that demonstrates, espouses, advocates, or supports discrimination or violence against, or hatred or bias toward, individuals or groups based on race, creed, color, national origin, ancestry, age, sex, marital status, sexual orientation, gender identity or expression, or any other protected characteristic under the "Law Against Discrimination," N.J.S.A.10:5-1 et seq., where the conduct or behavior would undermine public confidence in the ability of the individual law enforcement officer or the employing law enforcement agency to carry out the public safety mission, or where the conduct or behavior would cause substantial disruption to proper law enforcement functioning. The bill broadens this language to provide that an applicant would be required to demonstrate that the applicant has not made statements, posted, shared, or commented in support of any posting, on social media or otherwise, that demonstrates, espouses, advocates, or supports violence or any other illegal conduct or behavior against any individual or group.
Under this bill, the PTC may waive this requirement if the applicant demonstrates to the PTC's licensing committee's satisfaction that:
(1) the applicant has not engaged in the conduct or behavior for three or more years prior to submission of an application for licensure as a law enforcement officer; and
(2) the applicant has deleted, taken down, or otherwise removed any language or content that would be considered prohibited conduct or behavior.
The waiver provisions of this bill are modeled on a similar provision in the current police licensing statute that permits the PTC to waive the requirement that an applicant demonstrate that the applicant has not been convicted of certain criminal and motor vehicle offenses.
