Bill Text: NJ S4209 | 2026-2027 | Regular Session | Introduced
Bill Title: "New Jersey Human Rights Accountability Act;" establishes Human Rights Commission to review State human rights situation; authorizes State participation in interstate compact in furtherance of participation in U.N. Universal Periodic Review process.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Introduced) 2026-05-11 - Introduced in the Senate, Referred to Senate Law and Public Safety Committee [S4209 Detail]
Download: New_Jersey-2026-S4209-Introduced.html
Sponsored by:
Senator RAJ MUKHERJI
District 32 (Hudson)
SYNOPSIS
"New Jersey Human Rights Accountability Act;" establishes Human Rights Commission to review State human rights situation; authorizes State participation in interstate compact in furtherance of participation in U.N. Universal Periodic Review process.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning State human rights commitments, and amending and supplementing P.L.1997, c.257.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. (New section) The Legislature finds and declares that:
a. The United Nations created the Universal Periodic Review (UPR) process in 2006 through U.N. General Assembly Resolution 60/251, which also created the U.N. Human Rights Council.
b. Under the UPR process, which is overseen by the U.N. Human Rights Council in cycles of every four and a half years, every U.N. Member State, including the United States, is invited to submit reports assessing their fulfillment of international human rights obligations under the U.N. Charter, the Universal Declaration of Human Rights, other human rights treaties, and commitments under national laws, with civil society stakeholders and legislatures in each respective country also invited to participate.
c. The goal of UPR is the improvement of human rights by assessing national human rights records, addressing violations, and assisting countries in dealing with human rights challenges.
d. As such, UPR is not meant to prosecute human rights violations, but rather to facilitate transparency, accountability, capacity-building, and cooperative dialogue between the U.N., national governments, and civil society.
e. Although the United States participated in the first three UPR cycles, the U.S. decision in 2025 to not participate in the fourth UPR cycle, which runs from 2022 to 2027, is unprecedented as it is the first time any country has refused to engage in the UPR process.
f. Notwithstanding the U.S. federal government's disengagement at the international level, it is the governments of the several states, including this State, that nevertheless bear the primary responsibility for protecting civil and human rights in key areas such as criminal justice and corrections, voting rights, housing, education, labor, reproductive autonomy, and public health.
g. Thus, federal non-participation in UPR underscores the importance of creating a sub-national process among the several states, including this State, to assess, for themselves, the performance of each state in fulfilling their civil and human rights obligations under the U.S. Constitution and their respective state constitutions.
h. The U.N.'s UPR process provides an established, internationally-recognized model for this State to undergo its own periodic review, with public participation and in cooperation with other states that share similar objectives.
i. A periodic, public review of the human rights situation in this State, modeled upon the U.N.'s UPR process, will provide an independent assessment of government performance that promotes accountability, public trust, and improved outcomes.
j. Therefore, it is in the public interest to establish a recurring, Statewide human rights review process and to cooperate with other jurisdictions within the U.S. pursuing similar objectives.
2. Section 1 of P.L.1997, c.257 (C.52:9DD-8) is amended to read as follows:
1. a. There is hereby created the New Jersey Human [Relations Council] Rights Commission, referred to hereinafter as the [council] commission. The commission shall be a permanent, independent body in but not of the Department of State, which shall:
(1) promote prejudice reduction education and address the problem of bias and violent acts based on the victim's race, color, religion, national origin, ethnicity, sexual orientation, gender or disability;
(2) engage in the periodic review of the human rights situation in this State pursuant to the process set forth in section 4 of P.L. , c. (C. ) (pending before the Legislature as this bill);
(3) develop and publish State human rights standards for public contracts pursuant to section 9 of P.L. , c. (C. ) (pending before the Legislature as this bill);
(4) participate in the United Nations Universal Periodic Review process as a stakeholder within the United States pursuant to subsection a. of section 8 of P.L. , c. (C. ) (pending before the Legislature as this bill); and
(5) participate in interstate periodic human rights reviews with other states pursuant to subsection b. of section 8 of P.L. , c. (C. ) (pending before the Legislature as this bill).
[The council shall be a permanent, independent body in but not of the Department of Law and Public Safety.]
b. The [council] commission shall consist of an executive committee which shall include:
(1) ten public members who shall be representative of the various ethnic[;], religious[;], national origin[;], racial[;], sexual orientation[;], gender[;], and disabilities organizations in this State, of whom four shall be appointed by the Governor, no more than two of whom shall be of the same political party; three shall be appointed by the President of the Senate, no more than two of whom shall be of the same political party; and three shall be appointed by the Speaker of the General Assembly, no more than two of whom shall be of the same political party;
(2) two members of the Senate appointed by the President of the Senate, no more than one of whom shall be of the same political party; and two members of the General Assembly appointed by the Speaker of the General Assembly, no more than one of whom shall be of the same political party;
(3) seven representatives from county human relations commissions representing the diversity of all county human relations commissions from the 21 counties of the State appointed by the Governor;
(4) two representatives of each of the deans of each law school accredited by the American Bar Association in this State, selected by each dean, who shall be experts in civil rights and human rights law; and
(5) the following ex officio members: the Attorney General of the State of New Jersey; the Secretary of State; Commissioner of the Department of Education; the Commissioner of the Department of Community Affairs; the Commissioner of the Department of Corrections; the Chair of the State Parole Board; the Corrections Ombudsperson; the Commissioner of the Department of Labor and Workforce Development; the Commissioner of the Department of Human Services; the Public Defender; the Director of the Administrative Office of the Courts; the Director of the Division of Criminal Justice; the Superintendent of the Division of State Police; the Director of the Division on Civil Rights; the President of the County Prosecutors Association of New Jersey; the President of the New Jersey State Association of Chiefs of Police; the President of the Bias Crime Officers Association of New Jersey; a county Superintendent of Schools selected by the Commissioner of the Department of Education; the President of the New Jersey Principals and Supervisors Association; and the President of the New Jersey Education Association.
c. Of the public members first appointed to the [council] commission, six shall be appointed for a term of three years, two shall be appointed for terms of two years and two shall be appointed for a term of one year. The seven county human relations commissions representatives shall be appointed for terms of two years. The legislative members appointed initially under this act shall serve until the end of the legislative session in which the appointment is made. Thereafter, the legislative members shall be appointed for two-year terms to coincide with the two-year legislative term in which they serve on the [council] commission. Thereafter, the public members shall be appointed for terms of three years. The law school representatives shall be appointed for terms of three years. Vacancies on the [council] commission shall be filled in the same manner as the original appointment but for the unexpired term. A chairperson and vice-chairperson shall be selected on an annual basis from among the law school representatives, the public members of the [council] commission, and the representatives from the county human relations commissions.
The [council] commission shall have the authority to establish subcommittees as it deems appropriate and pursuant to this act. The executive committee of the [council] commission shall adopt bylaws to govern the [council] commission and elect officers from among the [council] commission members as it deems appropriate and pursuant to this act.
d. Each ex officio member may designate a person from the member's department or agency to represent the member at hearings of the [council] commission. All designees may lawfully vote and otherwise act on behalf of the member for whom they constitute the designee.
e. Members of the commission shall serve without compensation, but shall be entitled to reimbursement for expenses incurred in performance of their duties, within the limits of any funds appropriated or otherwise made available for that purpose.
f. The Department of State shall, at the direction of the chair of the commission, provide legal, stenographic, technical, clerical, and other staff and resource assistance to the commission, and additionally the commission may incur expenses as may be necessary in order to perform its duties within the limits of funds appropriated or otherwise made available to it for its purposes.
(cf: P.L.2003, c.201, s.1)
3. Section 2 of P.L.1997, c.257 (C.52:9DD-9) is amended to read as follows:
2. It shall be the duty of the [council] commission:
a. to develop policy proposals for the State and assist with coordinating efforts to promote prejudice reduction and prevent and deter crimes based upon the victim's race, color, religion, national origin, sexual orientation, ethnicity, gender, or physical, mental or cognitive disability;
b. to assist in diffusing tensions in communities affected by such crimes;
c. to act as a clearinghouse for information and program ideas among the existing county human relations commissions;
d. to assist the efforts of the county human relations commissions in relieving tensions within the community;
e. to assist in providing training programs for members of the county human relations commissions and other interested community leaders;
f. to develop and present a biennial report to the Governor and Legislature on the status of bias and violence based upon race, color, religion, national origin, sexual orientation, ethnicity, gender, or physical, mental or cognitive disability;
g. to establish and maintain a listing of conflict resolution programs and experts to be available as a resource for communities in time of crisis;
h. (Deleted by amendment, P.L.2016, c.23)
i. to develop in conjunction with the Department of Education and the educational, civil rights and human relations communities educational programs intended to educate, encourage, develop, promote and strengthen respect for human rights and cultural diversity and prevent and combat racism, intolerance and bigotry;
j. to assist local communities in establishing local human relations commissions;
k. to assess changes in local demographics and assist communities in adapting to minority population shifts;
l. to assist State, county and local government agencies with multi-cultural awareness programs;
m. to require that the representatives from the county human relations commissions report back to the counties regarding the work and activities of the State [council] commission;
n. to provide conciliation assistance and conduct all activities in confidence and without publicity; [and]
o. to make recommendations to governmental entities for the development of policies and procedures in general and for programs of formal and informal education that will aid in eliminating all types of discrimination based on race, color, religion, national origin, sexual orientation, ethnicity, gender, or physical, mental or cognitive disability;
p. to engage in the periodic review of the human rights situation in this State pursuant to the process set forth in section 4 of P.L. , c. (C. ) (pending before the Legislature as this bill);
q. to develop and publish State human rights standards for public contracts pursuant to section 9 of P.L. , c. (C. ) (pending before the Legislature as this bill);
r. to participate in the United Nations Universal Periodic Review process as a stakeholder within the United States pursuant to subsection a. of section 8 of P.L. , c. (C. ) (pending before the Legislature as this bill); and
s. to participate in interstate periodic human rights reviews with other states and jurisdictions pursuant to subsection b. of section 8 of P.L. , c. (C. ) (pending before the Legislature as this bill).
(cf: P.L.2016, c.23, s.3)
4. (New section) a. The New Jersey Human Rights Commission shall conduct periodic reviews of the human rights situation in this State on a biennial cycle. The procedure for conducting such reviews shall be substantially modeled on the United Nations Universal Periodic Review process, modified at the commission's discretion as appropriate to reflect relevant differences between State law and United Nations procedures. During each review cycle, the commission shall:
(1) collect data and reports from State, county, municipal, and intergovernmental agencies;
(2) receive and consider submissions from the public and from representatives of the United Nations, the federal government, and other state and local governments within the United States;
(3) hold at least three public hearings in different geographical regions of the State;
(4) conduct an independent analysis of all data, reports, public submissions, and testimony received;
(5) publish all data, reports, public submissions, and testimony received;
(6) coordinate its review with other states and jurisdictions pursuant to subsection b. of section 8 of P.L. , c. (C. ) (pending before the Legislature as this bill); and
(7) prepare and publish a report pursuant to subsection b. of this section.
b. Upon completion of each biennial review cycle, the commission shall report to the Governor, and to the Legislature pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), the commission's findings, including an assessment of the human rights situation in this State and progress made to improve the human rights situation since the previous cycle, and recommendations for further improvement.
c. In furtherance of the review process set forth in this section, the commission shall adopt standards and benchmarks consistent with State, federal, and international sources of civil and human rights law including, but not limited to: the United States Constitution and applicable federal law; the State Constitution and applicable State law; the Universal Declaration of Human Rights; the International Covenant on Civil and Political Rights; and the International Covenant on Economic, Social, and Cultural Rights.
d. Notwithstanding any law, rule, or regulation to the contrary, every instrumentality or agency of the State and of every political subdivision of the State shall cooperate with the commission's human rights reviews pursuant to this section.
5. Section 3 of P.L.1997, c.257 (C.52:9DD-10) is amended to read as follows:
3. The [council] commission shall hold confidential any information acquired during the course of mediation or dispute resolution conducted pursuant to subsection n. of section 2 of P.L.1997, c.257 (C.52:9DD-9).
(cf: P.L.1997, c.257, s.3)
6. Section 4 of P.L.1997, c.257 (C.52:9DD-11) is amended to read as follows:
4. The [council] commission shall have the following powers:
a. to conduct public hearings throughout the State;
b. to establish subcommittees;
c. to perform fact finding functions and prepare reports on particular issues regarding civil and human rights, with a focus on policing and police-community relations; conditions of incarceration; housing discrimination; voting rights; fair labor standards; race; color; religion; sexual orientation; ethnicity; gender; [or] and physical, mental, or cognitive disability; and
d. to call to its assistance and avail itself of the services of any official of this State and its political subdivisions and their departments, boards, bureaus, commissions, and agencies as it may require and may expend any funds appropriated or otherwise made available to it.
(cf: P.L.1997, c.257, s.4)
7. Section 5 of P.L.1997, c.257 (C.52:9DD-12) is amended to read as follows:
5. The [council] commission shall meet at least [quarterly] bi-monthly and hold hearings at such place or places it shall deem necessary. The commission's meetings and hearings shall be organized so as to encourage and enable public participation to the greatest extent practicable.
(cf: P.L.1997, c.257, s.5)
8. (New section) a. It is the public policy of this State to participate in the United Nations Universal Periodic Review process, as a stakeholder within the United States, during the U.N.'s periodic reviews of the United States at the U.N. Human Rights Council. The New Jersey Human Rights Commission shall represent the State during such engagements with the U.N. and other relevant stakeholders.
b. It is the public policy of this State to establish, join, participate in, and promote an interstate compact or such other intergovernmental agreement that: invites participation from every state, territorial, and tribal government within the U.S.; provides for periodic civil and human rights reviews to be conducted by and shared among member jurisdictions; engages the public during such reviews; requires meaningful implementation of recommendations developed through such reviews; and coordinates the submission of such reviews to the United Nations, whether or not the U.S. federal government participates in the U.N. Universal Periodic Review process. The Governor is authorized on behalf of the State to enter into such interstate compact or intergovernmental agreement, which shall have the force and effect of State law.
c. Nothing in P.L.1997, c.257 or P.L. , c. (C. ) (pending before the Legislature as this bill) shall be construed to establish foreign policy or in any way bind the government of the United States to any agreement or foreign policy.
9. (New section) a. (1) The New Jersey Human Rights Commission, in consultation with the Director of the Division of Purchase and Property in the Department of the Treasury, the Director of the Division of Local Government Services in the Department of Community Affairs, and the Commissioner of Education, shall develop and publish State human rights standards for public contracts which shall be applicable to all public contracts for the purchase of goods or services. Such standards shall include methods for evaluating the human rights records of contract bidders, auditing contract recipients for compliance, and the debarment of persons or entities found in violation.
(2) The initial State human rights standards for public contracts shall be published no later than one year after the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill), and may be reviewed and modified from time to time. The New Jersey Human Rights Commission shall hold at least three public hearings prior to publishing or modifying the State human rights standards for public contracts.
b. Notwithstanding the provisions of any other law, rule, or regulation to the contrary, no State contract for the purchase of goods or services, and no contract made pursuant to the "Local Public Contracts Law," P.L.1971, c.198 (C.40A:11-1 et seq.), or the "Public School Contracts Law," N.J.S.18A:18A-1 et seq., may be opened for bid or renewal on or after the date of adoption of the State human rights standards for public contracts pursuant to subsection a. of this section unless the bidding, evaluation, awarding, and performance of such contract complies with the State human rights standards for public contracts.
c. For the purpose of ensuring consistency between the "Local Public Contracts Law," P.L.1971, c.198 (C.40A:11-1 et seq.), the "Public School Contracts Law," N.J.S.18A:18A-1 et seq., and other applicable State law, the Director of the Division of Purchase and Property, in consultation with the New Jersey Human Rights Commission, the Director of the Division of Local Government Services, and the Commissioner of Education, and pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), shall adopt rules concerning the application of the State human rights standards for public contracts to all public contracts pursuant to subsection b. of this section.
10. The Attorney General shall investigate and enforce any violations of contracting law pursuant to section 9 of P.L. , c. (C. ) (pending before the Legislature as this bill); any failure to cooperate with the work of the New Jersey Human Rights Commission pursuant to subsection d. of section 4 of P.L. , c. (C. ) (pending before the Legislature as this bill); any credibly alleged, ongoing violations of State law brought to the Attorney General's attention by the New Jersey Human Rights Commission; and, subject to reasonable cause and any applicable statute of limitations, any other violations of State law credibly alleged or discovered through a periodic human rights review pursuant to section 4 of P.L. , c. (C. ) (pending before the Legislature as this bill).
11. Section 6 of P.L.2007, c.303 (C.52:17B-77.12) is amended to read as follows:
6. The Police Training Commission shall require all new police officers to complete two hours of training, which may include interactive training, in identifying, responding to, and reporting bias intimidation crimes. The Police Training Commission shall develop or revise the training course in consultation with the New Jersey Human [Relations Council] Rights Commission established pursuant to section 1 of P.L.1997, c.257 (C.52:9DD-8). The training course shall include the following topics:
a. features that identify or could identify a bias intimidation crime;
b. laws dealing with bias intimidation crimes;
c. law enforcement procedures, reporting, and documentation of bias intimidation crimes; and
d. techniques and methods to handle incidents of bias intimidation crimes, including training on how to deal sensitively with victims and referring victims of bias intimidation crimes to organizations that provide assistance and compensation to victims.
(cf: P.L.2007, c.303, s.6)
12. This act shall take effect on the first day of the third month next following enactment.
STATEMENT
This bill creates a State-level human rights accountability system modeled on the United Nations Universal Periodic Review (UPR) process.
The bill does not establish foreign policy or bind the United States under international law, as the bill is focused exclusively on areas of State authority. However, establishing a UPR-type process at the State level, based on widely used international best practices, will strengthen transparency, data-driven governance, and public trust in State institutions; demonstrate the State's commitment to human rights; and position this State as a national leader in state-driven human rights accountability, analogous to the leadership that states have shown in climate policy.
The UPR process was created in 2006 through U.N. General Assembly Resolution 60/251. During each UPR cycle, which lasts about four and a half years, every U.N. Member State, including the United States, has an opportunity to assess their fulfillment of international human rights obligations under the U.N. Charter, the Universal Declaration of Human Rights, other human rights treaties, and voluntary commitments under national laws. The goal of UPR is the improvement of human rights by assessing national human rights records, addressing violations, and assisting countries in dealing with human rights challenges. The U.N. Human Rights Council, which oversees the UPR process, invites participation from not only national governments but also civil society stakeholders. The United States participated in the first three UPR cycles, but declined to participate as scheduled in 2025 during the currently ongoing fourth cycle (2022 to 2027).
Under the bill, the State's existing Human Relations Council will be reorganized as the Human Rights Commission (commission). The commission will become in but not of the Department of State. In addition to its existing mandate, which is focused on improving community relations in order to prevent bias incidents, the commission will also be charged with conducting biennial reviews of the human rights situation in this State. The bill specifically calls for the commission's work to be modeled upon the U.N.'s UPR process, and is intended to encourage and enable public participation to the greatest extent practicable.
In addition, the bill calls for the commission, in consultation with the Division of Purchase and Property, the Division of Local Government Services, and the Department of Education, to develop human rights standards applicable to all public contracts, including local government and school construction contracts, violations of which shall be enforced by the Attorney General.
Finally, the bill declares that it is the public policy of this State to engage with the U.N. in the UPR process during its periodic reviews of the U.S., and to develop an agreement between this State and other jurisdictions within the U.S. to conduct periodic human rights reviews for each other.
