Sponsored by:
Senator ANTHONY R. BUCCO
District 25 (Morris and Somerset)
SYNOPSIS
Requires the reporting of criminal offenses occurring on school property to law enforcement authorities.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel.
An Act concerning the reporting of suspected criminal activities on school property and supplementing Title 18A of the New Jersey Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. When the principal or other person responsible for the administration of an elementary or secondary school receives information concerning the commission or suspected commission of a criminal offense in the school or on school property, that person shall immediately report such information to the police department of the municipality where the school is located or to the State Police if there is no police department in that municipality.
b. A person who violates the provisions of subsection a. shall be subject to a penalty of $500.00. For a second violation, a person shall be subject to a penalty of $1,000.00. For a third or subsequent violation, a person shall be subject to a fine of $3,000.00. An action for the recovery of a penalty for violation of this section shall be within the jurisdiction of the municipal court where the violation is committed. The penalty shall be payable to the municipal clerk for deposit in the municipal treasury. The penalty may be collected by summary proceedings in accordance with "The Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.).
c. Any principal or other person responsible for the administration of an elementary or secondary school who in good faith reports information concerning a pupil pursuant to the provisions of this act shall not be liable in a civil action for damages as the result of making such a report.
d. If a proceeding brought pursuant to the provisions of this section results in a dismissal or a final disposition in favor of the person against whom the proceeding was brought, that person shall be entitled to indemnification pursuant to the provisions of N.J.S.18A:16-6.1.
e. A conviction under this section shall not be deemed an offense involving dishonesty for purposes of N.J.S.2C:51-2.
f. As used in this section, "criminal offense" includes but is not limited to any offense defined in Title 2C of the New Jersey Statutes.
2. This act shall take effect immediately.
STATEMENT
This bill requires the principal or chief administrator of an elementary or secondary school who receives information concerning the commission or suspected commission of a criminal offense in the school or on school property to report that information to the police department in the municipality in which the school is located or, in the absence of a police department in the municipality, to the State Police. The bill specifies that a "criminal offense" includes, but is not limited to, any offense defined in Title 2C of the New Jersey Statutes. A person who violates the provisions of the bill will be penalized $500 for a first offense, $1,000 for a second offense and $3,000 for a third or subsequent offense. The municipal court where the violation occurred will have jurisdiction over an action to recover these penalties. All penalties are payable to the municipal clerk who is required to deposit them in the municipal treasury. The penalties may be collected in accordance with "The Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.).
Under the bill, a principal or responsible administrator who, in good-faith, reports criminal offense information regarding a pupil cannot be held liable for damages in any civil suit resulting from the reporting of this information. When a proceeding brought against a principal or administrator under the bill's provisions is subsequently dismissed or results in a final disposition in favor of the principal or administrator, the principal or administrator is to be indemnified for costs incurred in defending the proceeding, such as counsel fees and expenses incurred in conducting the hearing or trial. A conviction under the bill may not be deemed to be an offense involving dishonesty under N.J.S.2C:51-2, which provides for the forfeiture of public employment if the holder of the position is convicted of an offense involving dishonesty or a third-degree crime or above.