Requires access to law enforcement disciplinary records as government records; requires such records to be retained for certain period of time.

A1673

ASSEMBLY, No. 1673

STATE OF NEW JERSEY

222nd LEGISLATURE

�

PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION

Sponsored by:

Assemblywoman VERLINA REYNOLDS-JACKSON

District 15 (Hunterdon and Mercer)

Co-Sponsored by:

Assemblywoman Carter

SYNOPSIS

���� Requires access to law enforcement disciplinary
records as government records; requires such records to be retained for certain
period of time.

CURRENT VERSION OF TEXT

���� Introduced Pending Technical Review by Legislative
Counsel.

��

An Act

concerning the disclosure and retention of law
enforcement disciplinary records, and supplementing P.L.1963, c.73 (C.47:1A-1
et seq.).�

����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:

���� 1.� a.� Notwithstanding the
provisions of P.L.1963, c.73 (C.47:1A-1 et seq.) or any other law to the
contrary, except as otherwise provided herein, the disciplinary records of any
law enforcement officer shall be considered government records and shall be
made available for public access.

���� b.� As used in this section, "law
enforcement officer" or �officer� means any person who is employed as a
permanent member of a law enforcement agency, and who is statutorily empowered
to act for the detection, investigation, arrest, and conviction of persons
violating the criminal laws of this State and statutorily required to
successfully complete a training course approved, or certified as being
substantially equivalent to the approved course, by the Police Training
Commission pursuant to P.L.1961, c.56 (C.52:17B-66 et seq.).

���� The term �law enforcement
officer� or �officer� shall also include: special police officers of Class I,
Class II, or Class III; probationary and temporary police officers; school and
campus police officers; county correctional police; correction officers and
investigators of the Department of Corrections; and parole officers employed by
the State Parole Board.�

���� c.� Disciplinary records of
any law enforcement officer shall include, but not be limited to:

���� (1)� any complaints,
allegations, and charges pertaining to an officer;

���� (2)� the name of the officer
complained of or charged;

���� (3)� the transcript of any
disciplinary trial or hearing, including any exhibits introduced at such trial
or hearing;

���� (4)� the disposition of any
proceeding;

���� (5)� the final written opinion
or memorandum supporting the disposition and discipline, if any, imposed,
including the agency�s complete factual findings and its analysis of the
conduct and appropriate discipline of the covered officer;

���� (6)� internal affairs records
relating to a law enforcement officer; and

���� (7)� any video and audio
recording created by a body-worn camera, mobile video recorder, or other
similar recording device, which recorded the incident or conduct giving rise to
any complaint, allegation, charge or internal affairs investigation.�

���� d.� The following information
contained in any disciplinary record of a law enforcement officer shall be
redacted:

���� (1)� the home address, home
telephone number, work or school address, work telephone number, and social
security number of any law enforcement officer, or officer�s family member, or
any complainant, or complainant�s family member, or any witness or witness�
family member; and

���� (2)� the medical history and
detailed medical information of any law enforcement officer or any
complainant.� This provision shall not be construed to permit redactions to any
descriptions of injuries or conditions that are the subject of the complaint or
caused by or resulting from a law enforcement officer�s alleged conduct; and

���� (3)� the names of any
complaints or witnesses upon their request.� The custodian shall make a
reasonable effort to determine whether complainants and witnesses request such
redaction.

���� 2.� a.� The disciplinary
records of law enforcement officers shall be maintained for a minimum period of
not less than 20 years from the date that such document was created, except
that any video and audio recording created by a body-worn camera, mobile video
recorder, or other similar recording device, which recorded the incident or
conduct giving rise to any complaint, allegation, charge or internal affairs
investigation, shall be maintained for a period not less than five years if
such evidence is not part of a criminal, juvenile, or officer disciplinary
investigation, or a civil action.�

���� b.� If any video and audio
recording created by a body-worn camera, mobile video recorder, or other
similar recording device, which recorded the incident or conduct giving rise to
any complaint, allegation, charge or internal affairs investigation is part of
a criminal, juvenile, or disciplinary investigation, such records shall be
maintained until, at a minimum, the time of a final adjudication or conviction,
including the exhaustion of any appeals, or post-conviction relief.

���� c.� If any video and audio
recording created by a body-worn camera, mobile video recorder, or other
similar recording device, which recorded the incident or conduct giving rise to
any complaint, allegation, charge or internal affairs investigation is part of
a civil action, such records shall be maintained until, at a minimum, the time
of a final resolution of the civil action, including the exhaustion of any
appeals, or post-conviction relief.

���� 3.� Nothing contained in section
11 of P.L.2002, c.404 (C.47:1A-10) shall be deemed to create an exemption for
disciplinary records of any law enforcement officer otherwise accessible
pursuant to section 1 of this act, P.L.����� , c.�������� (C.����� )(pending
before the Legislature as this bill).

���� 4.� This act shall take effect
immediately.

STATEMENT

���� Access to government records
promotes general transparency in government.� Access can expose significant
failings and provide insight into what can be done to effectuate meaningful
change.� This is especially critical in the context of police disciplinary
records.� This bill makes law enforcement disciplinary records accessible as
government records.� Under the bill, certain information pertaining to the law
enforcement officer, or the officer�s family, the complainant, or the
complainant�s family, and a witness, or the witness� family, will be redacted.�

���� Under the bill, law
enforcement disciplinary records includes, but are not limited to: complaints,
allegations, and charges; the name of the officer complained of or charged; the
transcript of any disciplinary trial or hearing, including any exhibits; the
disposition of any proceeding; and the final written opinion or memorandum
supporting the disposition and discipline imposed including the agency�s
complete factual findings and its analysis of the conduct and appropriate
discipline of the covered officer; and internal affairs records; and videos
that record incidents that gave rise to complaints, allegations, charges, or
internal affairs investigations.�

���� This bill also requires that
the disciplinary records of law enforcement officers must be maintained for a
minimum period of not less than 20 years from the date that such document was
created, except that any video and audio recording created by a body-worn
camera, mobile video recorder, or other similar recording device, which
recorded the incident or conduct giving rise to any complaint, allegation,
charge or internal affairs investigation, must be maintained for a period not
less than five years if such evidence is not part of a criminal, juvenile, or
officer disciplinary investigation, or a civil action.�

���� If any video and audio
recording created by a body-worn camera, mobile video recorder, or other
similar recording device, which recorded the incident or conduct giving rise to
any complaint, allegation, charge or internal affairs investigation is part of
a criminal, juvenile, or disciplinary investigation, such records must be
maintained until, at a minimum, the time of a final adjudication or conviction,
including the exhaustion of any appeals, or post-conviction relief.

���� If any video and audio
recording created by a body-worn camera, mobile video recorder, or other
similar recording device, which recorded the incident or conduct giving rise to
any complaint, allegation, charge or internal affairs investigation is part of
a civil action, such records must be maintained until, at a minimum, the time
of a final resolution of the civil action, including the exhaustion of any
appeals, or post-conviction relief.