Bill Text: NJ S321 | 2012-2013 | Regular Session | Introduced
Bill Title: Provides State indemnification for certain local law enforcement officers.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Introduced - Dead) 2012-01-10 - Introduced in the Senate, Referred to Senate Law and Public Safety Committee [S321 Detail]
Download: New_Jersey-2012-S321-Introduced.html
STATE OF NEW JERSEY
215th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2012 SESSION
Sponsored by:
Senator JIM WHELAN
District 2 (Atlantic)
SYNOPSIS
Provides State indemnification for certain local law enforcement officers.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel
An Act concerning for State indemnification for certain law enforcement officers and amending N.J.S.59:10-1 and N.J.S.59:10A-1.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. N.J.S.59:10-1 is amended to read as follows:
59:10-1. Indemnification If pursuant to the provisions of P.L.1972, c. 48 (C. 59:10A-1 et seq.) the Attorney General provides for the defense of [an] a State employee or former State employee, as the term is defined in section 1 of P.L.1972, c.48 (C.59:10A-1), the State shall provide indemnification for the State employee.
Nothing in this section requires the State to pay for punitive or exemplary damages or damages resulting from the commission of a crime. The State may, however, indemnify a State employee for exemplary or punitive damages resulting from the employee's civil violation of State or federal law if, in the opinion of the Attorney General, the acts committed by the State employee upon which the damages are based did not constitute actual fraud, actual malice, willful misconduct, or an intentional wrong.
(cf: P.L.1987, c.340, s.1)
2. Section 1 of P.L.1972, c.48 (C.59:10A-1) is amended to read as follows:
1. Except as provided in section 2 hereof, the Attorney General shall, upon a request of an employee or former employee of the State, provide for the defense of any action brought against such State employee or former State employee on account of an act or omission in the scope of his employment. For purposes of this section, "State employee," includes all employees of the State of New Jersey, all employees of the County Prosecutors' Offices engaging in law enforcement activities, and any municipal police officers or county law enforcement personnel working, in law enforcement activities, in conjunction with a County Prosecutor's Office, including but not limited to, a County Prosecutor's Office task force.
For the purposes of this section, the Attorney General's duty to defend shall extend to a cross-action, counterclaim or cross-complaint against an employee or former employee.
(cf: P.L.1972, c.48, s.1)
3. This act shall take effect immediately.
STATEMENT
This bill would specify the scope of employees who receive representation from the Attorney General in civil suits and who receive indemnification from the State to cover the cost of adverse civil judgments.
The bill defines employees who qualify for such legal representation and indemnification to include ". . . all employees of the State of New Jersey, all employees of the County Prosecutors' Offices engaging in law enforcement activities, and any municipal police officers or county law enforcement personnel working, in law enforcement activities, in conjunction with a County Prosecutor's Office, including but not limited to, a County Prosecutor's Office task force."
