Bill Text: NJ A2019 | 2024-2025 | Regular Session | Introduced
Bill Title: Concerns motor vehicle stops by law enforcement officers.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced) 2024-01-09 - Introduced, Referred to Assembly Public Safety and Preparedness Committee [A2019 Detail]
Download: New_Jersey-2024-A2019-Introduced.html
STATE OF NEW JERSEY
221st LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2024 SESSION
Sponsored by:
Assemblywoman SHANIQUE SPEIGHT
District 29 (Essex and Hudson)
Assemblyman BENJIE E. WIMBERLY
District 35 (Bergen and Passaic)
Assemblyman REGINALD W. ATKINS
District 20 (Union)
SYNOPSIS
Concerns motor vehicle stops by law enforcement officers.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel.
An Act concerning motor vehicle stops and supplementing and amending various parts of the statutory law.
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. Issuing citations for certain motor vehicle violations by mail, also referred to as contactless policing, would be beneficial to the community and law enforcement officers;
b. Contactless policing would allow law enforcement officers to police crime and not people. It would also result in the elimination of millions of motor vehicle stops each year;
c. As the average police stop takes up to 15 minutes, this would free up a law enforcement officer's time to police crime and engage in community policing;
d. Community policing creates opportunities for interaction between community members and law enforcement officers, not only in the context of an officer responding to a crime. This results in more interaction in general, but more importantly, more positive interaction;
e. When analyzing data of motor vehicle stops, multiple studies have found support for the "veil of darkness" theory: as the sun sets and it becomes more difficult to determine the race of the driver, the percentage of black drivers stopped by law enforcement officers for motor vehicle violations decreases significantly, with a 10 to 15 percent decrease in many jurisdictions. Often, these motor vehicle stops of black drivers are pretextual, with a driver being detained for a minor infraction while law enforcement seek evidence of a more serious crime;
f. Under this act, a law enforcement officer would be able to issue a citation for certain motor vehicle violations by mail without initiating an interaction with the driver; and
g. The intent of this act is to reduce the loss of all lives at the hands of law enforcement officers by using technology to reduce pretextual stops.
2. a. (New section) Notwithstanding the provisions of any law to the contrary and except as provided in subsections d. and e. of this section, a State, county, or municipal law enforcement officer shall not initiate a motor vehicle stop solely for a violation of Title 39 of the Revised Statutes. A law enforcement officer may issue a citation for a violation of Title 39 of the Revised Statutes observed by the law enforcement officer by first class mail to the registered owner of the motor vehicle on a form prescribed by the Administrative Director of the Courts.
b. Any photographs or video from a law enforcement officer's mobile video recording system depicting the alleged violation shall be made available to the registered owner of the motor vehicle.
c. If a law enforcement officer issues a citation, the citation shall be issued and sent by the law enforcement agency to the registered owner of the motor vehicle within seven days from the date on which the alleged violation occurred. Photographs of the alleged violation and information regarding how to access video of the alleged violation pursuant to subsection b. of this section also shall be sent with the citation.
d. Notwithstanding the provisions of subsection a. of this section, every State, county, and municipal law enforcement officer may initiate a motor vehicle stop, rather than issuing a citation by mail, for the following violations observed by the law enforcement officer:
(1) Racing on Highway, R.S.39:4-52;
(2) Passing to Left When Overtaking, Passing When in Lines, Passing on Right, R.S.39:4-85;
(3) Overtaking and Passing Vehicles, Crossing "No Passing" Lines, R.S.39:4-86;
(4) Following, Space Between Trucks, R.S.39:4-89;
(5) Reckless Driving, R.S.39:4-96;
(6) Use of Wireless Telephone,
Electronic Communication Device in Moving Vehicles, section 1 of P.L.2003.
c.310
(C.39:4-97.3);
(7) Rates of Speed, R.S.39:4-98 when the driver exceeds the posted speed limit by 30 miles per hour or more;
(8) Action in Case of Accident, R.S.39:4-129; and
(9) Driving While Intoxicated, R.S.39:4-50.
e. Notwithstanding the provisions of subsection a. of this section, a State, county, or municipal law enforcement officer may initiate a motor vehicle stop following an observed violation of any provision of Title 39 of the Revised Statutes if:
(1) there is a risk to public safety;
(2) there is an outstanding warrant for the arrest of the registered owner of the motor vehicle or the law enforcement officer has reasonable cause to believe the driver of the motor vehicle has committed a crime; or
(3) the motor vehicle matches the description of a motor vehicle that a law enforcement officer has reasonable cause to believe is involved in a kidnapping, human trafficking, or any other crime for which failure to immediately apprehend the suspect is reasonably likely to result in death or serious bodily injury to a person other than the suspect.
For the purposes of this subsection, "risk to public safety" means a risk that is reasonably likely to endanger the life or safety of the law enforcement officer or another person as a result of a violation of Title 39 of the Revised Statutes. Except for the offenses set forth in subsection d. of this section, a violation of Title 39 of the Revised Statutes, by itself, shall be insufficient to create a risk to public safety. A law enforcement officer shall be able to articulate specific facts regarding the circumstances of the violation that created the risk to public safety.
f. A State, county, or municipal law enforcement officer may issue a citation for a violation of Title 39 of the Revised Statutes if the law enforcement officer lawfully stopped or detained the operator of the motor vehicle for another permissible reason.
g. (1) Except for the offenses set forth in subsection d. of this section, there shall be a rebuttable presumption that the registered owner of the vehicle which was involved in a violation of a provision of Title 39 of the Revised Statutes was the person who committed the act.
(2) A registered owner of a motor vehicle who receives a citation by mail pursuant to this section, but was not the person who committed the act, shall be permitted to contest the violation electronically or by remote access and shall not be required to appear in court. Within six months of the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill), the Administrative Director of the Courts shall develop and implement a system that allows electronic submissions or remote access as provided in this paragraph.
(3) The Administrative Director of the Courts shall adopt guidelines to effectuate the provisions of this subsection, which shall include the types of proof that the registered owner of the motor vehicle may submit to the court to rebut the presumption that the registered owner of the motor vehicle which was involved in a violation of Title 39 of the Revised Statutes was the person who committed the violation.
h. No later than three months prior to the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill), the Attorney General shall issue guidelines or directives to effectuate the purposes of this section.
i. As used in this section:
"Citation" means any summons, ticket, or other official document issued by a law enforcement officer for a traffic violation, containing an order which requires the motorist to respond.
"Mobile video recording system" means a device or system installed or used in a police vehicle or worn or otherwise used by an officer that electronically records visual images depicting activities that take place during a motor vehicle stop or other law enforcement action.
3. a. (New section) After initiating a motor vehicle stop for a violation of Title 39 of the Revised Statutes, a State, county, or municipal law enforcement officer shall not ask an operator or occupant of a motor vehicle for consent to search the motor vehicle, the contents of the motor vehicle, or the person of the operator or occupant unless the law enforcement officer has reasonable, articulable suspicion that criminal behavior, other than a violation of Title 39 of the Revised Statutes, was occurring or was about to occur.
b. The odor of cannabis, either burned or raw, by itself, shall not establish probable cause for a State, county, or municipal law enforcement officer to search a motor vehicle or the operator or occupants of a motor vehicle.
c. After initiating a motor vehicle stop, a State, county, or municipal law enforcement officer shall not use a drug-detection canine, unless the law enforcement officer has reasonable suspicion to believe that there is a controlled dangerous substance or controlled substance analog, other than marijuana or cannabis, in the motor vehicle or on the person of the operator or occupant of the motor vehicle.
d. No later than three months prior to the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill), the Attorney General shall issue guidelines or directives to effectuate the purposes of this section.
4. Section 14 of P.L.2009, c.121 (C.52:17B-235) is amended to read as follows:
14. a. The office shall prepare semi-annual public reports that include aggregate statistics on State Police traffic enforcement activities and procedures, segregated by State Police station and providing aggregate data on the race and ethnicity of the civilians involved. These reports shall include aggregate statistics on the number of motor vehicle stops, reason for the motor vehicle stop, enforcement actions, including, but not limited to, summonses, warnings, and arrests, requests for consent to search, consent searches conducted, non-consensual searches, and the use of force.
The reports shall include
aggregate statistics on the number of citations issued by mail for a violation
of Title 39 of the Revised Statutes pursuant to subsection a. of section 2 of
P.L. ,
c. (C. ) (pending before the Legislature as this bill) and on the
number of motor vehicle stops that were initiated due to each of the three
exceptions set forth in subsection e. of section 2 of P.L. ,
c. (C. )(pending before the
Legislature as this bill).
The reports shall also include aggregate statistics of the number of criminal charges filed, contraband seizures and wanted persons taken into custody related to motor vehicle stops, and such additional data as may be jointly directed by the superintendent and Attorney General.
b. The office shall prepare semi-annual public reports providing aggregate data regarding misconduct investigations, and the number of external, internal, and total complaints received and the disposition of those complaints.
c. The Attorney General shall, on an annual basis, report to the Governor, the Legislature and the public on the implementation of P.L.2009, c.121 (C.52:17B-222 et seq.). The Attorney General shall annually provide the State Treasurer and the Office of Management and Budget with an estimate of the funds needed to be appropriated to implement the provisions of this act, including but not limited to, estimates of funds needed to maintain adequate information technology and data analysis staffing and to provide adequate training.
d. The reports required by this section are not intended to evaluate compliance by the Division of State Police and the office with the provisions of P.L.2009, c.121 (C.52:17B-222 et seq.). That evaluative function shall be performed by the State Comptroller in conducting the audits and performance reviews required under the provisions of section 15 of P.L.2009, c.121 (C.52:27B-236).
(cf: P.L.2009, c.121. s.14)
5. Section 1 of P.L.1995, c.23 (C.47:1A-1.1) is amended to read as follows:
1. As used in P.L.1963, c.73 (C.47:1A-1 et seq.) as amended and supplemented:
"Biotechnology" means any technique that uses living organisms, or parts of living organisms, to make or modify products, to improve plants or animals, or to develop micro-organisms for specific uses; including the industrial use of recombinant DNA, cell fusion, and novel bioprocessing techniques.
"Custodian of a government record" or "custodian" means in the case of a municipality, the municipal clerk and in the case of any other public agency, the officer officially designated by formal action of that agency's director or governing body, as the case may be.
"Government record" or "record" means any paper, written or printed book, document, drawing, map, plan, photograph, microfilm, data processed or image processed document, information stored or maintained electronically or by sound-recording or in a similar device, or any copy thereof, that has been made, maintained or kept on file in the course of his or its official business by any officer, commission, agency or authority of the State or of any political subdivision thereof, including subordinate boards thereof, or that has been received in the course of his or its official business by any such officer, commission, agency, or authority of the State or of any political subdivision thereof, including subordinate boards thereof. The terms shall not include inter-agency or intra-agency advisory, consultative, or deliberative material.
A government record shall not include the following information which is deemed to be confidential for the purposes of P.L.1963, c.73 (C.47:1A-1 et seq.) as amended and supplemented:
information received by a member of the Legislature from a constituent or information held by a member of the Legislature concerning a constituent, including, but not limited to, information in written form or contained in any e-mail or computer data base, or in any telephone record whatsoever, unless it is information the constituent is required by law to transmit;
any memorandum, correspondence, notes, report or other communication prepared by, or for, the specific use of a member of the Legislature in the course of the member's official duties, except that this provision shall not apply to an otherwise publicly-accessible report which is required by law to be submitted to the Legislature or its members;
any copy, reproduction or facsimile of any photograph, negative or print, including instant photographs and videotapes of the body, or any portion of the body, of a deceased person, taken by or for the medical examiner at the scene of death or in the course of a post mortem examination or autopsy made by or caused to be made by the medical examiner except:
when used in a criminal action or proceeding in this State which relates to the death of that person,
for the use as a court of this State permits, by order after good cause has been shown and after written notification of the request for the court order has been served at least five days before the order is made upon the county prosecutor for the county in which the post mortem examination or autopsy occurred,
for use in the field of forensic pathology or for use in medical or scientific education or research, or
for use by any law enforcement agency in this State or any other state or federal law enforcement agency;
criminal investigatory records, except that the registered owner of a motor vehicle shall have access to photographs or video from a law enforcement officer's mobile video recording system depicting an alleged violation of Title 39 of the Revised Statutes pursuant to section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill);
the portion of any criminal record concerning a person's detection, apprehension, arrest, detention, trial or disposition for unlawful manufacturing, distributing, or dispensing, or possessing or having under control with intent to manufacture, distribute, or dispense, marijuana or hashish in violation of paragraph (11) of subsection b. of N.J.S.2C:35-5, or a lesser amount of marijuana or hashish in violation of paragraph (12) of subsection b. of that section, or a violation of either of those paragraphs and a violation of subsection a. of section 1 of P.L.1987, c.101 (C.2C:35-7) or subsection a. of section 1 of P.L.1997, c.327 (C.2C:35-7.1) for distributing, dispensing, or possessing, or having under control with intent to distribute or dispense, on or within 1,000 feet of any school property, or on or within 500 feet of the real property comprising a public housing facility, public park, or public building, or for obtaining, possessing, using, being under the influence of, or failing to make lawful disposition of marijuana or hashish in violation of paragraph (3) or (4) of subsection a., or subsection b., or subsection c. of N.J.S.2C:35-10, or for a violation of any of those provisions and a violation of N.J.S.2C:36-2 for using or possessing with intent to use drug paraphernalia with that marijuana or hashish;
victims' records, except that a victim of a crime shall have access to the victim's own records;
any written request by a crime victim for a record to which the victim is entitled to access as provided in this section, including, but not limited to, any law enforcement agency report, domestic violence offense report, and temporary or permanent restraining order;
personal firearms records, except for use by any person authorized by law to have access to these records or for use by any government agency, including any court or law enforcement agency, for purposes of the administration of justice;
personal identifying information received by the Division of Fish and Wildlife in the Department of Environmental Protection in connection with the issuance of any license authorizing hunting with a firearm. For the purposes of this paragraph, personal identifying information shall include, but not be limited to, identity, name, address, social security number, telephone number, fax number, driver's license number, email address, or social media address of any applicant or licensee;
trade secrets and proprietary commercial or financial information obtained from any source. For the purposes of this paragraph, trade secrets shall include data processing software obtained by a public body under a licensing agreement which prohibits its disclosure;
any record within the attorney-client privilege. This paragraph shall not be construed as exempting from access attorney or consultant bills or invoices except that such bills or invoices may be redacted to remove any information protected by the attorney-client privilege;
administrative or technical information regarding computer hardware, software and networks which, if disclosed, would jeopardize computer security;
emergency or security information or procedures for any buildings or facility which, if disclosed, would jeopardize security of the building or facility or persons therein;
security measures and surveillance techniques which, if disclosed, would create a risk to the safety of persons, property, electronic data or software;
information which, if disclosed, would give an advantage to competitors or bidders;
information generated by or on behalf of public employers or public employees in connection with any sexual harassment complaint filed with a public employer or with any grievance filed by or against an individual or in connection with collective negotiations, including documents and statements of strategy or negotiating position;
information which is a communication between a public agency and its insurance carrier, administrative service organization or risk management office;
information which is to be kept confidential pursuant to court order;
any copy of form DD-214, NGB-22, or that form, issued by the United States Government, or any other certificate of honorable discharge, or copy thereof, from active service or the reserves of a branch of the Armed Forces of the United States, or from service in the organized militia of the State, that has been filed by an individual with a public agency, except that a veteran or the veteran's spouse or surviving spouse shall have access to the veteran's own records;
any copy of an oath of allegiance, oath of office or any affirmation taken upon assuming the duties of any public office, or that oath or affirmation, taken by a current or former officer or employee in any public office or position in this State or in any county or municipality of this State, including members of the Legislative Branch, Executive Branch, Judicial Branch, and all law enforcement entities, except that the full name, title, and oath date of that person contained therein shall not be deemed confidential;
that portion of any document which discloses the social security number, credit card number, unlisted telephone number or driver license number of any person, or, in accordance with section 2 of P.L.2021, c.371 (C.47:1B-2), that portion of any document which discloses the home address, whether a primary or secondary residence, of any active, formerly active, or retired judicial officer, prosecutor, or law enforcement officer, or, as defined in section 1 of P.L.2021, c.371 (C.47:1B-1), any immediate family member thereof; except for use by any government agency, including any court or law enforcement agency, in carrying out its functions, or any private person or entity acting on behalf thereof, or any private person or entity seeking to enforce payment of court-ordered child support; except with respect to the disclosure of driver information by the New Jersey Motor Vehicle Commission as permitted by section 2 of P.L.1997, c.188 (C.39:2-3.4); and except that a social security number contained in a record required by law to be made, maintained or kept on file by a public agency shall be disclosed when access to the document or disclosure of that information is not otherwise prohibited by State or federal law, regulation or order or by State statute, resolution of either or both houses of the Legislature, Executive Order of the Governor, rule of court or regulation promulgated under the authority of any statute or executive order of the Governor;
a list of persons identifying themselves as being in need of special assistance in the event of an emergency maintained by a municipality for public safety purposes pursuant to section 1 of P.L.2017, c.266 (C.40:48-2.67); and
a list of persons identifying themselves as being in need of special assistance in the event of an emergency maintained by a county for public safety purposes pursuant to section 6 of P.L.2011, c.178 (C.App.A:9-43.13).
A government record shall not include, with regard to any public institution of higher education, the following information which is deemed to be privileged and confidential:
pedagogical, scholarly and/or academic research records and/or the specific details of any research project conducted under the auspices of a public higher education institution in New Jersey, including, but not limited to, research, development information, testing procedures, or information regarding test participants, related to the development or testing of any pharmaceutical or pharmaceutical delivery system, except that a custodian may not deny inspection of a government record or part thereof that gives the name, title, expenditures, source and amounts of funding and date when the final project summary of any research will be available;
test questions, scoring keys and other examination data pertaining to the administration of an examination for employment or academic examination;
records of pursuit of charitable contributions or records containing the identity of a donor of a gift if the donor requires non-disclosure of the donor's identity as a condition of making the gift provided that the donor has not received any benefits of or from the institution of higher education in connection with such gift other than a request for memorialization or dedication;
valuable or rare collections of books or documents obtained by gift, grant, bequest or devise conditioned upon limited public access;
information contained on individual admission applications; and
information concerning student records or grievance or disciplinary proceedings against a student to the extent disclosure would reveal the identity of the student.
"Personal firearms record" means any information contained in a background investigation conducted by the chief of police, the county prosecutor, or the Superintendent of State Police, of any applicant for a permit to purchase a handgun, firearms identification card license, or firearms registration; any application for a permit to purchase a handgun, firearms identification card license, or firearms registration; any document reflecting the issuance or denial of a permit to purchase a handgun, firearms identification card license, or firearms registration; and any permit to purchase a handgun, firearms identification card license, or any firearms license, certification, certificate, form of register, or registration statement. For the purposes of this paragraph, information contained in a background investigation shall include, but not be limited to, identity, name, address, social security number, phone number, fax number, driver's license number, email address, social media address of any applicant, licensee, registrant or permit holder.
"Public agency" or "agency" means any of the principal departments in the Executive Branch of State Government, and any division, board, bureau, office, commission or other instrumentality within or created by such department; the Legislature of the State and any office, board, bureau or commission within or created by the Legislative Branch; and any independent State authority, commission, instrumentality or agency. The terms also mean any political subdivision of the State or combination of political subdivisions, and any division, board, bureau, office, commission or other instrumentality within or created by a political subdivision of the State or combination of political subdivisions, and any independent authority, commission, instrumentality or agency created by a political subdivision or combination of political subdivisions.
"Law enforcement agency" means a public agency, or part thereof, determined by the Attorney General to have law enforcement responsibilities.
"Law enforcement officer" means a person whose public duties include the power to act as an officer for the detection, apprehension, arrest and conviction of offenders against the laws of this State.
"Constituent" means any State resident or other person communicating with a member of the Legislature.
"Judicial officer" means any active, formerly active, or retired federal, state, county, or municipal judge, including a judge of the Tax Court and any other court of limited jurisdiction established, altered, or abolished by law, a judge of the Office of Administrative Law, a judge of the Division of Workers' Compensation, and any other judge established by law who serves in the executive branch.
"Member of the Legislature" means any person elected or selected to serve in the New Jersey Senate or General Assembly.
"Criminal investigatory record" means a record which is not required by law to be made, maintained or kept on file that is held by a law enforcement agency which pertains to any criminal investigation or related civil enforcement proceeding.
"Victim's record" means an individually-identifiable file or document held by a victims' rights agency which pertains directly to a victim of a crime except that a victim of a crime shall have access to the victim's own records.
"Victim of a crime" means a person who has suffered personal or psychological injury or death or incurs loss of or injury to personal or real property as a result of a crime, or if such a person is deceased or incapacitated, a member of that person's immediate family.
"Victims' rights agency" means a public agency, or part thereof, the primary responsibility of which is providing services, including, but not limited to, food, shelter, or clothing, medical, psychiatric, psychological or legal services or referrals, information and referral services, counseling and support services, or financial services to victims of crimes, including victims of sexual assault, domestic violence, violent crime, child endangerment, child abuse or child neglect, and the Victims of Crime Compensation Board, established pursuant to P.L.1971, c.317 (C.52:4B-1 et seq.) and continued as the Victims of Crime Compensation Office pursuant to P.L.2007, c.95 (C.52:4B-3.2 et al.) and Reorganization Plan No. 001-2008.
(cf: P.L.2021, c.371, s.10)
6. (New section) The provisions of P.L. , c. (C. ) (pending before the Legislature as this bill) shall preempt any law, ordinance, resolution, or regulation adopted by the governing body of a county or municipality authorizing a law enforcement officer to engage in any conduct that is prohibited under P.L. , c. (C. ) (pending before the Legislature as this bill) or is otherwise inconsistent with the provisions of this act.
7. (New section) Nothing in P.L. , c. (C. ) (pending before the Legislature as this bill) or Title 39 of the Revised Statutes shall be construed to preempt or prohibit any law, ordinance, resolution, or regulation from being adopted by the governing body of a county or municipality that imposes restrictions in addition to those set forth under the provisions of P.L. , c. (C. ) (pending before the Legislature as this bill) on the role of law enforcement officers in the enforcement of violations of Title 39 of the Revised Statutes, including, but not limited to assigning the enforcement of violations of Title 39 of the Revised Statutes to local officials or personnel rather than law enforcement officers or imposing additional limitations on the actions of law enforcement officers during a motor vehicle stop for a violation of Title 39 of the Revised Statutes.
8. This act shall take
effect on the first day of the seventh month after the date of enactment.
STATEMENT
This bill concerns motor vehicle stops by law enforcement officers.
Specifically, under the provisions of this bill, a State, county, or municipal law enforcement officer is prohibited from initiating a motor vehicle stop solely for a violation of Title 39 of the Revised Statutes with exceptions for certain violations of Title 39 of the Revised Statutes which pose a risk to public safety. Instead, the law enforcement officer may issue a citation for a violation of Title 39 of the Revised Statutes observed by the law enforcement officer by first class mail to the registered owner of the motor vehicle on form prescribed by the Administrative Director of the Courts.
The bill provides that any photographs or video from a law enforcement officer's mobile video recording system depicting the alleged violation are to be made available to the registered owner of the motor vehicle.
If a citation is issued, the citation is required to be issued and sent by the law enforcement agency to the registered owner of the motor vehicle within seven days from the date on which the alleged violation occurred. In addition, photographs of the alleged violation and information regarding how to access video of the alleged violation also are required to be sent with the citation.
Under the bill, law enforcement officers may initiate a motor vehicle stop for the following motor vehicle violations: 1) racing on a highway; 2) improper passing on right or off the roadway; 3) improper passing in a no passing zone; 4) tailgating; 5) reckless driving; 6) use of a handheld cellphone or electronic communication device while driving; 7) speeding when the driver exceeds the posted speed limit by 30 miles per hour or more; 8) leaving the scene of an accident; and 9) driving while intoxicated.
In addition, the bill provides that a law enforcement officer may initiate a motor vehicle stop following an observed motor vehicle violation if: 1) there is a risk to public safety; 2) there is an outstanding warrant for the arrest of the registered owner of the motor vehicle or the law enforcement officer has reasonable cause to believe the driver of the motor vehicle has committed a crime; or 3) the motor vehicle matches the description of a motor vehicle that a law enforcement officer has reasonable cause to believe is involved in a kidnapping, human trafficking, or any other crime for which failure to immediately apprehend the suspect is reasonably likely to result in death or serious bodily injury to a person other than the suspect. The provisions of the bill define "risk to public safety."
Further, under the bill, there is a rebuttable presumption that the registered owner of the vehicle which was involved in a violation of Title 39 of the Revised Statutes was the person who committed the violation, with the exception of certain offenses as provided in the bill.
The bill also provides that a registered owner of a motor vehicle who receives a citation by mail under the bill's provisions, but was not the person who committed the violation is to be permitted to contest it electronically or by remote access, rather than requiring the owner to appear in court. The Administrative Director of the Courts is required to develop and implement a system that allows for this and is required to adopt guidelines, which are to include the types of proof that the registered owner of the motor vehicle may submit to the court to rebut the presumption that the registered owner of the motor vehicle involved in the violation was the person who committed the violation.
In addition, after initiating a motor vehicle stop for a violation of Title 39 of the Revised Statutes, a State, county, or municipal law enforcement officer is prohibited from asking an operator or occupant of a motor vehicle for consent to search the motor vehicle, the contents of the motor vehicle, or the person of the operator or occupant unless the law enforcement officer has reasonable, articulable suspicion that criminal behavior, other than a violation of Title 39 of the Revised Statutes, was occurring or was about to occur.
The bill also provides that the odor of cannabis, either burned or raw, by itself, does not establish probable cause for a State, county, or municipal law enforcement officer to search a motor vehicle or the operator or occupants of a motor vehicle.
Under the bill, after initiating a motor vehicle stop, a State, county, or municipal law enforcement officer is not to use a drug-detection canine, unless the law enforcement officer has reasonable suspicion to believe that there is a controlled dangerous substance or controlled substance analog, other than marijuana or cannabis, in the motor vehicle or on the person of the operator or occupant of the motor vehicle.
Under current law, the Office of Law Enforcement Professional Standards is required to prepare semi-annual reports on State Police traffic enforcement activities and procedures. This bill requires the reports to also include aggregate statistics on the number of citations issued by mail by the State Police for a violation of Title 39 of the Revised Statutes and the number of motor vehicles stops that are initiated by the State Police due to the exceptions provided under the bill.
Finally, the bill provides the provisions of the bill are to preempt any law, ordinance, resolution or regulation adopted by the governing body of a county or municipality authorizing a law enforcement officer to engage in any conduct that is prohibited under the bill or otherwise inconsistent with the bill's provisions.
The bill also provides that nothing in the bill's provisions or Title 39 of the Revised Statutes is to be construed to preempt or prohibit any law, ordinance, resolution, or regulation from being adopted by the governing body of a county or municipality that imposes restrictions in addition to those set forth under the bill on the role of law enforcement officers in the enforcement of violations of Title 39 of the Revised Statutes, including, but not limited to assigning the enforcement of violations of Title 39 of the Revised Statutes to local officials or personnel rather than law enforcement officers or imposing additional limitations on the actions of law enforcement officers during a motor vehicle stop for a violation of Title 39 of the Revised Statutes.
According to the sponsor, contactless policing would be beneficial to the community and law enforcement officers. It would allow law enforcement officers to police crime and not people. Contactless policing would result in the elimination of millions of motor vehicle stops each year. As the average police stop takes up to 15 minutes, this would free up a law enforcement officer's time to police crime and engage in community policing.
For example, law enforcement officers now know if a driver's registration and insurance are valid before initiating a motor vehicle stop by performing a simple registration check. As a result, it would not be necessary for a law enforcement officer to initiate a motor vehicle stop in order to issue a citation, but rather the search would reveal the infraction and the officer would be able to issue a citation by mail without initiating an interaction with the driver. The intent of this is to reduce the loss of all lives at the hands of law enforcement officers by using technology to reduce pretextual stops, during which a driver is detained for a minor infraction while law enforcement seek evidence of a more serious crime.
According to the sponsor, community policing creates opportunities for interaction between community members and law enforcement officers, not only in the context of an officer responding to a crime. This results in more interaction in general, but more importantly, more positive interaction. Effective community policing requires altering a law enforcement department's policies, practices, and guiding philosophies.
According to the sponsor, in analyzing police data of motor vehicle stops, multiple studies have found support for the "veil of darkness" theory: as the sun sets and it becomes more difficult to determine the race of the driver, the percentage of black drivers stopped by law enforcement officers for motor vehicle violations decreases significantly, with a 10 to 15 percent decrease in many jurisdictions. Often, these motor vehicle stops of black drivers are pretextual. Sandra Bland was stopped for failing to signal a turn. Philando Castile was stopped because his brake light was out, the last of his 52 stops by police. Eric Garner was stopped for selling loose cigarettes. Duante Wright was stopped for expired tags.
None of these individuals survived their encounters with law enforcement. This disproportionate targeting of black drivers by the police is the State action that the Fourteenth Amendment to the United States Constitution was adopted to address.
