Bill Text: NJ S4609 | 2026-2027 | Regular Session | Introduced
Bill Title: Clarifies investigatory powers and duties of SCI.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Introduced) 2026-06-30 - Introduced in the Senate, Referred to Senate Judiciary Committee [S4609 Detail]
Download: New_Jersey-2026-S4609-Introduced.html
Sponsored by:
Senator NICHOLAS P. SCUTARI
District 22 (Somerset and Union)
SYNOPSIS
Clarifies investigatory powers and duties of SCI.
CURRENT VERSION OF TEXT
As introduced.
An Act clarifying the investigatory powers and duties of the State Commission of Investigation, amending P.L.1979, c.254, and amending and supplementing P.L.1968, c.266.
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 State Commission of Investigation is the one independent oversight entity within State government authorized to, among other responsibilities, investigate misconduct by public officers and employees, review the performance of government programs and agencies, provide accountability and transparency, promote the efficiency and integrity of government operations, and identify cost savings.
b. The State Commission of Investigation has, for decades, enjoyed robust investigative resources and a long history of using them for the benefit of the public. It is staffed with seasoned investigators, experienced in matters involving public corruption and waste of taxpayer dollars, as well as fraud and organized crime. Its success in these and other areas contributed to the Legislature establishing the State Commission of Investigation as a permanent entity in 2002.
c. The State Commission of Investigation is uniquely designed to include both gubernatorial and legislative appointments to ensure independence, political balance, and continuity. It operates as an independent, investigative, fact-finding agency and has used its resources effectively.
d. This act reaffirms the commission's role as the State's independent oversight body and provides that other investigative oversight entities at the State, county, and local levels, including the Office of the State Comptroller, shall collaborate with the commission, when appropriate, in the discharge of its statutory duties.
2. Section 1 of P.L.1968, c.266 (C.52:9M-1) is amended to read as follows:
1. There is hereby created a permanent State Commission of Investigation. The commission shall consist of four members, to be known as commissioners.
Two members of the commission shall be appointed by the Governor. One each shall be appointed by the President of the Senate and by the Speaker of the General Assembly. Each member shall serve for a term of four years and until the appointment and qualification of [his] the respective member's successor. [No person shall serve, in succession, more than two four-year terms and any portion of an unexpired term as a member of the commission.] The Governor shall designate one of the members to serve as [chairman] chairperson of the commission.
The members of the commission [appointed by the President of the Senate and the Speaker of the General Assembly and at least one of the members appointed by the Governor] shall be attorneys admitted to the bar of this State. No member or employee of the commission shall hold any other public office or public employment. No member of the commission shall have held any elective office or have been a candidate for any elective office within the one year preceding [his] the member's appointment to the commission. No member of the [commisson] commission shall hold any elective office or be a candidate for any elective office within the one year subsequent to [his] the member's termination of service as a member of the commission. Not more than two of the members shall belong to the same political party.
Each member of the commission shall receive an annual salary of [$35,000] $65,000. Each member shall also be entitled to reimbursement for [his] expenses actually and necessarily incurred in the performance of [his] commission duties, including expenses of travel outside of the State.
Vacancies on the commission shall be filled for the unexpired terms in the same manner as original appointments. Vacancies on the commission shall be filled by the appropriate appointing authority within 120 days. If the appropriate appointing authority does not fill a vacancy within that time period, the vacancy shall be filled by the Chief Justice of the Supreme Court within 60 days. A vacancy on the commission shall not impair the right of the remaining members to exercise all the powers of the commission.
Any determination made by the commission shall be by majority vote. "Majority vote" means the affirmative vote of at least three members of the commission if there are no vacancies on the commission or the affirmative vote of at least two members of the commission if there is a vacancy.
(cf: P.L.2005, c.58, s.1)
3. Section 2 of P.L.1968, c.266 (C.52:9M-2) is amended to read as follows:
2. The commission shall have the duty and power to conduct investigations in connection with:
a. The faithful execution and effective enforcement of the laws of the State, with particular reference but not limited to organized crime and racketeering;
b. The conduct of public officers and public employees, and of officers and employees of public corporations and authorities, including, but not limited to, investigating fraud, waste, and abuse of taxpayer funds;
c. Allegations concerning the misconduct of any civil or criminal enforcement personnel at all levels of State and local government, including, but not limited to, those involving a State or county prosecutor or any member of a prosecution team, including detectives; however, the commission shall not exercise its powers in a way that interferes with an ongoing civil or criminal investigation or prosecution; and
d. Any other matter concerning the public peace, public safety, and public justice, and as otherwise provided in P.L.1968, c.266 (C.52:9M-1 et seq.).
(cf: P.L.1968, c.266, s.2)
4. (New section) The commission shall conduct investigations in accordance with prevailing national and professional standards, rules, and practices concerning investigations conducted in governmental environments. The commission shall provide and publicize a process for complaints and requests for investigations to be submitted confidentially to the commission by members of the general public and government employees.
5. Section 4 of P.L.1968, c.266 (C.52:9M-4) is amended to read as follows:
4. At the direction or request of either House of the Legislature by [concurrent] resolution of that House or of the Governor or of the head of any department, board, bureau, commission, authority, or other agency created by the State, or to which the State is a party, the commission shall investigate the management or affairs of any such department, board, bureau, commission, authority, or other agency [; provided, however, that if] . In the event the commission determines that [the requests for investigations from the Legislature, the Governor or the head of any department, board, bureau, commission, authority or other agency created by the State or to which the State is a party,] any such investigatory request would exceed the commission's capacity to perform such investigations, [they] the commission may [, by resolution,] ask the Governor [or the Attorney General] or the Legislature [in the case of a legislative request, to review those requests upon which it finds itself unable to proceed] to provide additional resources.
(cf: P.L.1979, c.254, s.4)
6. Section 5 of P.L.1968, c.266 (C.52:9M-5) is amended to read as follows:
5. Upon request of the Attorney General, a county prosecutor, or any [other] State or local law enforcement official, the commission shall [co-operate] cooperate with, advise, and assist them in the performance of their official powers and duties.
(cf: P.L.1968, c.266, s.5)
7. (New section) The commission shall meet at periodic intervals, but no less than twice annually, with other State oversight entities, including the Office of the Attorney General, the Election Law Enforcement Commission, the Office of the State Comptroller, and any other public officers or employees or their designees, who perform audits, investigations, and performance reviews similar or identical to those authorized to be performed by the commission for the purpose of consulting and coordinating with those officers and employees in the conduct of audits, investigations, and reviews. The Office of the Attorney General, the Election Law Enforcement Commission chairperson, and other public officers or employees shall attend the meetings for the purpose of their consultation and coordination with the commission. Nothing in this section shall be construed to require the disclosure of any information that would jeopardize the conduct of any investigation or prosecution of any civil or criminal matter pending with any State oversight entity.
8. Section 8 of P.L.1968, c.266 (C.52:9M-8) is amended to read as follows:
8. a. Except as provided in subsection c. of this section, whenever during the course of an investigation, the commission or any employee of the commission obtains [any] sufficient information or evidence of a reasonable possibility of [criminal or civil wrongdoing] a potential violation of the laws of this State, the commission shall [immediately] , at an appropriate time during the course of that investigation, refer such information or evidence to the Attorney General or, if appropriate, another prosecutorial or investigatory authority.
b. Except as provided in subsection c. of this section, whenever the commission or any employee of the commission obtains information or evidence of cause for the removal or discipline of a public official or public employee, the commission shall, as soon as practicable, refer such information or evidence to the Attorney General unless the commission shall, by majority vote, determine that special circumstances exist which require the delay in transmittal of the information or evidence.
c. Whenever the commission or any employee of the commission obtains any information or evidence of criminal wrongdoing or misconduct on the part of the Attorney General, the commission shall immediately refer such information or evidence to the Governor, the Senate President and the Speaker of the General Assembly for further direction to the commission pursuant to section 3 of P.L. 1968, c.266 (C.52:9M-3) or for any other action authorized by the laws of this State or of the United States.
d. Whenever the commission or any employee of the commission obtains any information or evidence indicating a reasonable possibility of an unauthorized disclosure of information or a violation of any provision of P.L. 1968, c.266 (C.52:9M-1 et seq.), the commission shall immediately refer such information to the Attorney General.
e. Whenever a criminal referral is made against a prosecutor, the commission may notify the Office of Attorney Ethics. Whenever a criminal referral is made against a detective who is part of a prosecution team, the commission may notify the Attorney General or the county prosecutor, as appropriate.
(cf: P.L.1996, c.44, s.1)
9. Section 9 of P.L.1968, c.266 (C.52:9M-9) is amended to read as follows:
9. [The] To manage day-to-day operations, the commission shall be authorized to appoint and employ and at pleasure remove [an executive director, counsel, investigators, accountants, and such other persons as it may deem necessary], a qualified individual with the title of State Inspector General, who shall also act as the commission's executive director. Employees of the commission, including the State Inspector General, shall be hired at will and without regard to civil service [; and to] . The commission shall determine their duties and fix their salaries or compensation within the amounts appropriated therefor. All commission personnel shall be deemed confidential employees for purposes of the "New Jersey Employer-Employee Relations Act," P.L.1941, c.100 (C.34:13A-1 et seq.). [Investigators and accountants appointed by the commission shall be and have all the powers of peace officers] The State Inspector General shall be responsible for acting as the lead investigator for the commission, supervising all investigations the commission undertakes in connection with its responsibilities, carrying out the day-to-day operations of the commission, and otherwise ensuring the commission is discharging its duties and powers pursuant to sections 2 and 5 of P.L.1968, c.266 (C.52:9M-2 and C.52:9M-5).
(cf: P.L.1999, c.8, s.1)
10. Section 12 of P.L.1968, c.266 (C.52:9M-12) is amended to read as follows:
12. With respect to the performance of its functions, duties and powers and subject to the limitation contained in paragraph d. of this section, the commission shall be authorized as follows:
a. To conduct any investigation authorized by this act at any place within the State; and to maintain offices, hold meetings and function at any place within the State as it may deem necessary;
b. To conduct private and public hearings, and to designate a member of the commission to preside over any such hearing; no public hearing shall be held except after adoption of a resolution by majority vote, and no public hearing shall be held by the commission until after the Attorney General and the appropriate county prosecutor or prosecutors shall have been given at least seven days' written notice of the commission's intention to hold such a public hearing and afforded an opportunity to be heard in respect to any objections they or either of them may have to the commission's holding such a hearing;
c. To administer oaths or affirmations, [subpena] subpoena witnesses, compel their attendance, examine them under oath or affirmation, and require the production of any books, records, documents or other evidence it may deem relevant or material to an investigation; and the commission may designate any of its members or any member of its staff to exercise any such powers;
d. Unless otherwise instructed by a resolution adopted by a majority of the members of the commission, every witness attending before the commission shall be examined privately and the commission shall not make public the particulars of such examination. The commission shall not have the power to take testimony at a private hearing or at a public hearing unless at least two of its members are present at such hearing, except that the commission shall have the power to conduct private hearings, [on] in connection with an investigation previously undertaken by a majority of the members of the commission, with only one commissioner present, when so designated by resolution;
e. Witnesses summoned to appear before the commission shall be entitled to receive the same fees and mileage as persons summoned to testify in the courts of the State.
If any person [subpenaed] subpoenaed pursuant to this section shall neglect or refuse to obey the command of the [subpena] subpoena, any judge of the Superior Court or any municipal court may, on proof by affidavit of service of the [subpena] subpoena, payment or tender of the fees required and of refusal or neglect by the person to obey the command of the [subpena] subpoena, issue a warrant for the arrest of [said] the person to bring [him] the person before the judge, who is authorized to proceed against such person as for a contempt of court.
(cf: P.L.1991, c.91, s.494)
11. Section 9 of P.L.1979, c.254 (C.52:9M-12.1) is amended to read as follows:
9. a. No person may be required to appear at a hearing or to testify at a hearing unless there has been personally served upon [him] the person prior to the time when [he] the person is required to appear, a copy of P.L.1968, c.266, as amended and supplemented, and a general statement of the subject of the investigation. A copy of the resolution, statute, order or other provision of law authorizing the investigation shall be furnished by the commission upon request therefor by the person summoned.
b. A witness summoned to a hearing shall have the right to be accompanied by counsel, who shall be permitted to advise the witness of [his] the witness's rights, subject to reasonable limitations to prevent obstruction of or interference with the orderly conduct of the hearing. Counsel for any witness who testifies at a public or private hearing may submit proposed questions to be asked of the witness relevant to the matters upon which the witness has been questioned and the commission shall ask the witness such of the questions as it may deem appropriate to its inquiry.
c. A complete and accurate record shall be kept of each public hearing and a witness shall be entitled to receive a copy of [his] the witness's testimony at such hearing at [his] the witness's own expense. Where testimony which a witness has given at a private hearing becomes relevant in a criminal proceeding in which the witness is a defendant, or in any subsequent hearing in which the witness is summoned to testify, the witness shall be entitled to a copy of such testimony, at [his] the witness's own expense, provided the same is available, and provided further that the furnishing of such copy will not prejudice the public safety or security.
d. A witness who testifies at any hearing shall have the right at the conclusion of [his] the witness's examination to file a brief sworn statement relevant to [his] the witness's testimony for incorporation in the record.
e. The commission shall make a good faith effort to notify any person whose name the commission believes will be mentioned in a potentially adverse context at a public hearing. Any person whose name is mentioned or will be mentioned or who is specifically identified and who believes that testimony or other evidence given at a public hearing or comment made by any member of the commission or its counsel at such a hearing tends to defame [him] the person or otherwise adversely affect [his] the person's reputation shall have the right, either in private or in public or both at a reasonably convenient time to be set by the commission, to appear personally before the commission, and testify [in his] on the person's own behalf as to matters relevant to the testimony or other evidence complained of, or in the alternative, to file a statement of facts under oath relating solely to matters relevant to the testimony or other evidence complained of, which statement shall be incorporated in the record.
f. Nothing in this section shall be construed to prevent the commission from granting to witnesses appearing before it, or to persons who claim to be adversely affected by testimony or other evidence adduced before it, such further rights and privileges as it may determine.
(cf: P.L.1996, c.44, s.4)
12. Section 14 of P.L.1968, c.266 (C.52:9M-14) is amended to read as follows:
14. a. The commission may request and shall receive from every department, division, board, bureau, commission, authority, or other agency created by the State, or to which the State is a party, or of any political subdivision thereof, [co-operation] cooperation and assistance in the performance of its duties.
b. Whenever a person places a request with a public agency for a record that has been provided to the commission during the course of an investigation and that record was open for public inspection, examination, or copying before the investigation commenced, the public agency from which the commission obtained the record shall comply with the request pursuant to P.L.1963, c.73 (C.47:1A-1.1 et seq.), provided that the request does not in any way identify the record sought by means of a reference to the commission's investigation or to an investigation by any other public agency, including, but not limited to, a reference to a subpoena issued pursuant to the investigation. Requests for records made to the commission pursuant to this section shall be referred to the agency that initially provided the records to the commission.
(cf: P.L.1968, c.266, s.14)
13. Section 15 of P.L.1968, c.266 (C.52:9M-15) is amended to read as follows:
15. a. Any person conducting or participating in any examination or investigation who [shall disclose] discloses, or any person who, coming into possession of or knowledge of the substance of any examination or investigation, [shall disclose] discloses, or any person who shall cause, encourage or induce a person, including any witness or informant, to disclose, other than as authorized or required by law, to any person other than the commission or an officer having the power to appoint one or more of the commissioners the name of any witness examined, or any information obtained or given upon such examination or investigation, except as directed by the Governor, the Attorney General, or the commission, [or any] shall be guilty of a crime of the third degree. Any person, other than a member or employee of the commission or any person entitled to assert a legal privilege, who, coming into possession of or knowledge of the substance of any pending examination or investigation [who] , fails to advise the Attorney General and the commission of such possession or knowledge and to deliver to the Attorney General and the commission any documents or materials containing such information, shall be guilty of a [misdemeanor until September 1, 1979 when such person shall be guilty of a] crime of the third degree. [Any member or employee of the commission who shall violate this section shall be dismissed from his office or discharged from his employment.]
b. Any statement made by a member of the commission or an employee thereof relevant to any proceedings before, or investigative activities of, the commission shall be absolutely privileged, and such privilege shall be a complete defense to any libel or slander-related action [for libel or slander]; provided, however, that nothing in this subsection shall be deemed to grant immunity for conduct that was outside the scope of [his] the member or employee's employment or constituted a crime, actual fraud, actual malice, or willful misconduct.
c. Nothing contained in this section shall in any way prevent the commission from furnishing information or making reports, as required by this act, or from furnishing information to the Legislature, or to a standing reference committee thereof, pursuant to a resolution duly adopted by a standing reference committee or pursuant to a duly authorized [subpena] subpoena or [subpena] subpoena duces tecum, provided, however, that nothing herein shall be deemed to preclude the commission from seeking from a court of competent jurisdiction an order to quash a subpoena or a protective order to avoid compliance with [such subpoena or] any subpoena duces tecum or other information request or discovery demand if, consistent with the applicable precedent of the New Jersey Supreme Court, the confidentiality of the investigative files being sought is necessary for the commission's investigations to proceed unobstructed. Such files shall be afforded an equivalent level of secrecy to that of grand jury proceedings conducted in this State.
d. Nothing in P.L.1963, c.73 (C.47:1A-1 et seq.), as amended and supplemented [by P.L.2001, c.404], shall be construed to require the commission to disclose any information acquired or any records created, except as provided by this section.
e. Members or employees of the commission who violate subsections a. of this section shall be dismissed from their office or discharged from their employment.
(cf: P.L.2005, c.58, s.3)
14. Section 17 of P.L.1968, c.266 (C.52:9M-17) is amended to read as follows:
17. a. If, in the course of any investigation or hearing conducted by the commission pursuant to this act, a person refuses to answer a question or questions or produce evidence of any kind on the ground that [he] the person will be exposed to criminal prosecution or penalty or to a forfeiture of [his] the person's estate thereby, the commission may order the person to answer the question or questions or produce the requested evidence and confer immunity as in this section provided. No order to answer or produce evidence with immunity shall be made except by majority vote and after the Attorney General, the United States Attorney for the District of New Jersey, and the appropriate county prosecutor shall have been given at least seven days written notice of the commission's intention to issue such order and afforded an opportunity to be heard in respect to any objections they or [either] any one of them may have to the granting of immunity.
b. If upon issuance of such an order, the person complies therewith, [he] the person shall be immune from having such responsive answer given by [him] the person or such responsive evidence produced by [him] the person, or evidence derived therefrom used to expose [him] the person to criminal prosecution or penalty or to a forfeiture of [his] the person's estate, except that [such] the person may nevertheless be prosecuted for any perjury committed in such answer or in producing such evidence, or be prosecuted for willful refusal to give an answer or produce evidence in accordance with an order of the commission pursuant to section 13 of P.L.1979, c. 254 (C.52:9M-17.1) or held in contempt for failing to give an answer or produce evidence in accordance with the order of the commission pursuant to section [11] 12 of P.L.1968, c.266 (C.52:9M-12); and any such answer given or evidence produced shall be admissible against [him] the person upon any criminal investigation, proceeding or trial against [him] the person for such perjury, or upon any investigation, proceeding or trial against [him] the person for such contempt or willful refusal to give an answer or produce evidence in accordance with an order of the commission.
c. If the commission proceeds against any witness for contempt of court for refusal to answer, subsequent to a grant of immunity, said witness may be incarcerated at the discretion of the Superior Court; provided, however, that (1) no incarceration for civil contempt shall exceed a period of five years of actual incarceration exclusive of releases for whatever reason; (2) the commission may seek the release of a witness for good cause on appropriate motion to the Superior Court; and (3) nothing contained herein shall be deemed to limit any of the vested constitutional rights of any witness before the commission.
(cf: P.L.1984, c.110, s.3)
15. Section 13 of P.L.1979, c.254 (C.52:9M-17.1) is amended to read as follows:
13. a. Any person who shall willfully refuse to answer a question or questions or produce evidence after being ordered to do so by the State Commission of Investigation in accordance with [the act] P.L.1968, c.266 (C.52:9M-1 et seq.), to which [this act] P.L.1979, c.254 (C.52:9M-1.1 et al.) is a supplement [P.L.1968, c.266 (C.52:9M-1 et seq.)] , is guilty of a [high misdemeanor until September 1, 1979, when such person shall be guilty of a] crime of the second degree. Notwithstanding any other provision of law, no person imprisoned pursuant to this section shall be eligible for parole or reconsideration of sentence except upon a showing that after imposition of the sentence [he] the person testified or furnished the required evidence at a time when the commission's needs were substantially met. Action against such person shall ensue upon a complaint signed by the [chairman] chairperson upon resolution of the commission. Such complaint shall be referred for prosecution to the Attorney General.
b. The trial of a defendant for an indictment made pursuant to this act shall be stayed pending the disposition of any review on appeal of the commission's order to testify and the indictment shall be dismissed if the order to testify is set aside on appeal or if, within 30 days after the order to testify is sustained on appeal, the defendant notifies the commission that [he] the defendant will comply with the order and does so promptly upon being afforded an opportunity to do so.
c. Any period of incarceration for contempt of an order of the commission shall be credited against any period of imprisonment to which a defendant is sentenced pursuant to subsection a. of this section.
(cf: P.L.1979, c.254, s.13)
16. (New section) Nothing in P.L.1968, c.266 (C.52:9M-1 et seq.) shall be construed to diminish or deprive the Office of the State Comptroller of the functions, duties, and powers of the former Office of the Inspector General vested in it pursuant to section 2 of P.L.2010, c.33 (C.52:15C-21) or to require the Office of the State Comptroller to transfer any employees of the former office retained by the State Comptroller pursuant to section 3 of P.L.2010, c.33 (C.52:15C-22) to the State Commission of Investigation.
17. This act shall take effect 90 days after the date of enactment.
STATEMENT
This bill clarifies and reaffirms the broad jurisdiction and investigatory powers and duties of the State Commission of Investigation (SCI), strengthens cooperation between the SCI and other State and local oversight entities, and establishes that the qualified individual hired to manage the day-to-day operations of the commission will function as a State Inspector General.
Importantly, the bill does not diminish or deprive the Office of the State Comptroller of any functions, duties, and powers vested in it, but simply reaffirms the original findings of the 1968 Special Joint Legislative Committee to Study Crime and the System of Criminal Justice in New Jersey, also known as the Forsythe Committee that, given its unique, independent structure, the SCI always was intended to be, among other things, the State's watchdog over other oversight entities. The bill clarifies that the SCI's role with respect to other State entities and the criminal justice system includes investigating allegations concerning the misconduct of civil or criminal enforcement personnel at various levels of State and local government. To do so, the SCI will, among other things, provide and promote a confidential process for submitting complaints and other requests for investigations, or both, by the public and government employees.
The bill reaffirms that the SCI can request information, resources, and assistance from any State department or agency to fulfill its duties and is authorized to collaborate with other State oversight entities, including the Office of the Attorney General, the Election Law Enforcement Commission, the Office of the State Comptroller, and any other public officers or employees in order to fulfill its responsibilities.
The bill requires the SCI and other State oversight entities to meet at least twice annually to coordinate efforts, share information, and prevent duplication of work. This bill increases the SCI member salary from $35,000 per year to $65,000 per year.
