Bill Text: NJ S803 | 2024-2025 | Regular Session | Introduced
Bill Title: Removes requirement that certain special law enforcement officers turn in firearm at end of shift.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced) 2024-01-09 - Introduced in the Senate, Referred to Senate Law and Public Safety Committee [S803 Detail]
Download: New_Jersey-2024-S803-Introduced.html
STATE OF NEW JERSEY
221st LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2024 SESSION
Sponsored by:
Senator ANTHONY M. BUCCO
District 25 (Morris and Passaic)
SYNOPSIS
Removes requirement that certain special law enforcement officers turn in firearm at end of shift.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel.
An Act concerning special law enforcement officers and amending P.L.1985, c.439.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 7 of P.L.1985, c.439 (C.40A:14-146.14) is amended to read as follows:
7. a. Special law enforcement officers may be appointed for terms not to exceed one year, and the appointments may be revoked by the local unit for cause after adequate hearing, unless the appointment is for four months or less, in which event the appointment may be revoked without cause or hearing. Nothing herein shall be construed to require reappointment upon the expiration of the term. The special law enforcement officers so appointed shall not be members of the police force of the local unit, and their powers and duties as determined pursuant to this act shall cease at the expiration of the term for which they were appointed.
b. A special law enforcement officer shall not carry a firearm except while engaged in the actual performance of the officer's official duties and when specifically authorized by the chief of police, or, in the absence of the chief, other chief law enforcement officer of the local unit to carry a firearm and provided that the officer has satisfactorily completed the basic firearms course required by the commission for regular police officers and annual requalification examinations as required for permanent, regularly appointed full-time officers in the local unit.
A special law enforcement officer shall be deemed to be on duty only while the officer is performing the public safety functions on behalf of the local unit pursuant to this act and when the officer is receiving compensation, if any, from the local unit at the rates or stipends as shall be established by ordinance. A special law enforcement officer shall not be deemed to be on duty for purposes of this act while performing private security duties for private employers, which duties are not assigned by the chief of police, or, in the absence of the chief, other chief law enforcement officer of the local unit, or while receiving compensation for those duties from a private employer. A special law enforcement officer may, however, be assigned by the chief of police or, in the absence of the chief, other chief law enforcement officer, to perform public safety functions for a private entity if the chief of police or other chief law enforcement officer supervises the performance of the public safety functions. If the chief of police or other chief law enforcement officer assigns the public safety duties and supervises the performance of those duties, then, notwithstanding that the local unit is reimbursed for the cost of assigning a special law enforcement officer at a private entity, the special law enforcement officer shall be deemed to be on duty.
The reimbursement for the duties of a special law enforcement officer, which is made to a municipality with a population in excess of 300,000, according to the 1980 federal decennial census, may be by direct payments from the employer to the special law enforcement officer, provided that records of the hours worked are forwarded to and maintained by the chief of police or other chief law enforcement officer responsible for assigning the special law enforcement officer those public safety duties.
[Any firearm utilized by a special law enforcement officer shall be returned at the end of the officer's workday to the officer in charge of the station house, unless the firearm is owned by the special law enforcement officer and was acquired in compliance with a condition of employment established by the local unit.] Any special law enforcement officer first appointed after the effective date of this act shall only use a firearm supplied by the local unit. A special law enforcement officer shall not carry a revolver or other similar weapon when off duty; but if any special law enforcement officer appointed by the governing body of any municipality having a population in excess of 300,000, according to the 1980 federal census, or by the county sheriff pursuant to the provisions of section 1 of P.L.2013, c.21 (C.40A:9-117b), who is a resident of the municipality or county and is employed as a special law enforcement officer at least 35 hours per week, or less at the discretion of the chief of police and mayor or county sheriff, shall, at the direction of the chief of police or county sheriff, have taken and successfully completed a firearms training course administered by the Police Training Commission, pursuant to P.L.1961, c.56 (C.52:17B-66 et seq.), and has successfully completed within three years of the effective date of P.L.1985, c.45 or three years of the date of appointment of the special law enforcement officer, whichever is later, 280 hours of training in arrest, search and seizure, criminal law, and the use of deadly force, and shall annually qualify in the use of a revolver or similar weapon, the special law enforcement officer shall be permitted to carry a revolver or other similar weapon when off duty within the municipality or county where the officer is employed. Specific authorization shall be in the form of a permit which shall not be unreasonably withheld, which is subject to renewal annually and may be revoked at any time by the chief of police or county sheriff. The permit shall be on the person of the special law enforcement officer whenever a revolver or other similar weapon is carried off duty. A permit shall not be issued until the special law enforcement officer has successfully completed all training courses required under this section. Any training courses completed by a special law enforcement officer under the direction of the chief of police or county sheriff in a school and a curriculum approved by the Police Training Commission, pursuant to P.L.1961, c.56 (C.52:17B-66 et seq.), shall be credited towards the 280 hours of training required to be completed by this section. Any training required by this section shall commence within 90 days of the effective date of P.L.1985, c.45 or within 90 days of the date of the appointment of the special law enforcement officer, whichever is later.
c. A special law enforcement officer shall be under the supervision and direction of the chief of police or, in the absence of the chief, other chief law enforcement officer of the local unit wherein the officer is appointed, or the county sheriff when appointed pursuant to the provisions of section 1 of P.L.2013, c.21 (C.40A:9-117b), and shall perform the officer's duties only in the local unit except when in fresh pursuit of any person pursuant to chapter 156 of Title 2A of the New Jersey Statutes or when authorized to perform duties in another unit pursuant to a mutual aid agreement enacted in accordance with section 1 of P.L.1976, c.45 (C.40A:14-156.1).
d. The officer shall comply with the rules and regulations applicable to the conduct and decorum of the permanent, regularly appointed police officers of the local unit, as well as any rules and regulations applicable to the conduct and decorum of special law enforcement officers.
e. Notwithstanding any provision of P.L.1985, c.439 (C.40A:14-146.8 et seq.) to the contrary, a special law enforcement officer may travel through another local unit to reach a noncontiguous area of the local unit in which the officer's appointment was issued or to transport persons to and from a correctional facility.
(cf: P.L.2016, c.68, s.3)
2. This act shall take effect immediately.
STATEMENT
This bill removes the requirement that Class Two and Class Three special law enforcement officers turn in their firearms at the end of their shift.
Current law authorizes Class Two and Class Three special law enforcement officers to carry a firearm while on duty. These officers generally are required to return the firearm at the end of the officer's workday to the officer who is in charge of the station house. These officers would no longer be subject to this requirement under the bill.
The bill also conforms current law to the provisions of P.L.2013, c.21 that authorizes county sheriffs to appoint special law enforcement officers to perform court security duties.
This bill does not alter current statutory law concerning these officers' right to carry a weapon. Class Two officers generally are prohibited from carrying off duty. Class Three retired police officers who are approved by the State Police have the right to carry a weapon while off duty.
Special law enforcement officers are police officers appointed temporarily or intermittently to perform duties similar to those performed regularly by members of a municipal police force or to perform county court security duties. They also are authorized to provide assistance to a police force during unusual or emergency circumstances or at individual times or during regular seasonal periods in resort municipalities. Class Two officers are authorized to exercise full powers and duties similar to those of permanent, regularly appointed full-time police officers. Class Three officers are retired law enforcement officers who provide security in this State's public and nonpublic schools and county colleges.
According to the sponsor, it is both inconvenient and inefficient for Class Two and Class Three special law enforcement officers to turn in their weapons after every shift. These officers are statutorily authorized to enforce the laws of this State and, as such, should be considered capable of safely and reliably transporting their weapons back and forth to work.
