Establishes certain benefits for Class Two special law enforcement officers; allows arson investigators to carry a firearm at all times.

A1896

ASSEMBLY, No. 1896

STATE OF NEW JERSEY

222nd LEGISLATURE

�

PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION

Sponsored by:

Assemblywoman CLEOPATRA G. TUCKER

District 28 (Essex and Union)

Assemblyman ROBERT AUTH

District 39 (Bergen)

Co-Sponsored by:

Assemblywoman Speight, Assemblyman DiMaio, Assemblywoman
Reynolds-Jackson and Assemblyman Webber

SYNOPSIS

���� Establishes certain benefits for Class Two special
law enforcement officers; allows arson investigators to carry a firearm at all
times.

CURRENT VERSION OF TEXT

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

��

An Act

concerning law enforcement and supplementing and
amending various parts of statutory law.�

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

����
1.��� N.J.S.2C:12-1 is amended to read as follows:

���� 2C:12-1.� Assault.� a.� Simple
assault.� A person is guilty of assault if he:

���� (1)�� Attempts to cause or
purposely, knowingly or recklessly causes bodily injury to another; or

���� (2)�� Negligently causes
bodily injury to another with a deadly weapon; or

���� (3)�� Attempts by physical
menace to put another in fear of imminent serious bodily injury.

���� Simple assault is a disorderly
persons offense unless committed in a fight or scuffle entered into by mutual
consent, in which case it is a petty disorderly persons offense.

���� b.��� Aggravated assault.� A
person is guilty of aggravated assault if he:

���� (1)�� Attempts to cause
serious bodily injury to another, or causes such injury purposely or knowingly
or under circumstances manifesting extreme indifference to the value of human
life recklessly causes such injury; or

���� (2)�� Attempts to cause or
purposely or knowingly causes bodily injury to another with a deadly weapon; or

���� (3)�� Recklessly causes bodily
injury to another with a deadly weapon; or

���� (4)�� Knowingly under
circumstances manifesting extreme indifference to the value of human life
points a firearm, as defined in subsection f. of N.J.S.2C:39-1, at or in the
direction of another, whether or not the actor believes it to be loaded; or

���� (5)�� Commits a simple assault
as defined in paragraph (1), (2) or (3) of subsection a. of this section upon:

���� (a)�� Any law enforcement
officer
or any Class Two special law enforcement officer
acting in the
performance of his duties while in uniform or exhibiting evidence of his
authority or because of his status as a law enforcement officer; or

���� (b)�� Any paid or volunteer
fireman acting in the performance of his duties while in uniform or otherwise
clearly identifiable as being engaged in the performance of the duties of a
fireman; or

���� (c)�� Any person engaged in
emergency first-aid or medical services acting in the performance of his duties
while in uniform or otherwise clearly identifiable as being engaged in the
performance of emergency first-aid or medical services; or

���� (d)�� Any school board member,
school administrator, teacher, school bus driver or other employee of a public
or nonpublic school or school board while clearly identifiable as being engaged
in the performance of his duties or because of his status as a member or
employee of a public or nonpublic school or school board or any school bus
driver employed by an operator under contract to a public or nonpublic school
or school board while clearly identifiable as being engaged in the performance
of his duties or because of his status as a school bus driver; or

���� (e)�� Any employee of the
Division of Child Protection and Permanency while clearly identifiable as being
engaged in the performance of his duties or because of his status as an
employee of the division; or

���� (f)�� Any justice of the
Supreme Court, judge of the Superior Court, judge of the Tax Court or municipal
judge while clearly identifiable as being engaged in the performance of
judicial duties or because of his status as a member of the judiciary; or

���� (g)�� Any operator of a
motorbus or the operator's supervisor or any employee of a rail passenger
service while clearly identifiable as being engaged in the performance of his
duties or because of his status as an operator of a motorbus or as the
operator's supervisor or as an employee of a rail passenger service; or

���� (h)�� Any Department of
Corrections employee, county corrections officer, juvenile corrections officer,
State juvenile facility employee, juvenile detention staff member, juvenile
detention officer, probation officer or any sheriff, undersheriff, or sheriff's
officer acting in the performance of his duties while in uniform or exhibiting
evidence of his authority or because of his status as a Department of
Corrections employee, county corrections officer, juvenile corrections officer,
State juvenile facility employee, juvenile detention staff member, juvenile
detention officer, probation officer, sheriff, undersheriff, or sheriff's
officer; or

���� (i)��� Any employee, including
any person employed under contract, of a utility company as defined in section
2 of P.L.1971, c.224 (C.2A:42-86) or a cable television company subject to the
provisions of the "Cable Television Act," P.L.1972, c.186 (C.48:5A-1
et seq.) while clearly identifiable as being engaged in the performance of his
duties in regard to connecting, disconnecting or repairing or attempting to
connect, disconnect or repair any gas, electric or water utility, or cable
television or telecommunication service; or

���� (j)��� Any health care worker
employed by a licensed health care facility to provide direct patient care, any
health care professional licensed or otherwise authorized pursuant to Title 26
or Title 45 of the Revised Statutes to practice a health care profession,
except a direct care worker at a State or county psychiatric hospital or State
developmental center or veterans' memorial home, while clearly identifiable as
being engaged in the duties of providing direct patient care or practicing the
health care profession; or

���� (k)�� Any direct care worker
at a State or county psychiatric hospital or State developmental center or
veterans' memorial home, while clearly identifiable as being engaged in the
duties of providing direct patient care or practicing the health care
profession, provided that the actor is not a patient or resident at the
facility who is classified by the facility as having a mental illness or
developmental disability; or

���� (6)�� Causes bodily injury to
another person while fleeing or attempting to elude a law enforcement officer
in violation of subsection b. of N.J.S.2C:29-2 or while operating a motor
vehicle in violation of subsection c. of N.J.S.2C:20-10.� Notwithstanding any other
provision of law to the contrary, a person shall be strictly liable for a
violation of this paragraph upon proof of a violation of subsection b. of
N.J.S.2C:29-2 or while operating a motor vehicle in violation of subsection c.
of N.J.S.2C:20-10 which resulted in bodily injury to another person; or

���� (7)�� Attempts to cause
significant bodily injury to another or causes significant bodily injury
purposely or knowingly or, under circumstances manifesting extreme indifference
to the value of human life recklessly causes such significant bodily injury; or

���� (8)�� Causes bodily injury by
knowingly or purposely starting a fire or causing an explosion in violation of
N.J.S.2C:17-1 which results in bodily injury to any emergency services
personnel involved in fire suppression activities, rendering emergency medical
services resulting from the fire or explosion or rescue operations, or
rendering any necessary assistance at the scene of the fire or explosion,
including any bodily injury sustained while responding to the scene of a
reported fire or explosion.� For purposes of this paragraph, "emergency
services personnel" shall include, but not be limited to, any paid or
volunteer fireman, any person engaged in emergency first-aid or medical
services and any law enforcement officer.� Notwithstanding any other provision
of law to the contrary, a person shall be strictly liable for a violation of
this paragraph upon proof of a violation of N.J.S.2C:17-1 which resulted in
bodily injury to any emergency services personnel; or

���� (9)�� Knowingly, under
circumstances manifesting extreme indifference to the value of human life,
points or displays a firearm, as defined in subsection f. of N.J.S.2C:39-1, at
or in the direction of a law enforcement officer; or

���� (10)� Knowingly points,
displays or uses an imitation firearm, as defined in subsection v. of
N.J.S.2C:39-1, at or in the direction of a law enforcement officer with the
purpose to intimidate, threaten or attempt to put the officer in fear of bodily
injury or for any unlawful purpose; or

���� (11)� Uses or activates a
laser sighting system or device, or a system or device which, in the manner
used, would cause a reasonable person to believe that it is a laser sighting
system or device, against a law enforcement officer acting in the performance
of his duties while in uniform or exhibiting evidence of his authority.� As
used in this paragraph, "laser sighting system or device" means any
system or device that is integrated with or affixed to a firearm and emits a
laser light beam that is used to assist in the sight alignment or aiming of the
firearm; or

���� (12) Attempts to cause
significant bodily injury or causes significant bodily injury purposely or
knowingly or, under circumstances manifesting extreme indifference to the value
of human life, recklessly causes significant bodily injury to a person who, with
respect to the actor, meets the definition of a victim of domestic violence, as
defined in subsection d. of section 3 of P.L.1991, c.261 (C.2C:25-19).

���� Aggravated assault under
paragraphs (1) and (6) of subsection b. of this section is a crime of the
second degree; under paragraphs (2), (7), (9) and (10) of subsection b. of this
section is a crime of the third degree; under paragraphs (3) and (4) of subsection
b. of this section is a crime of the fourth degree; and under paragraph (5) of
subsection b. of this section is a crime of the third degree if the victim
suffers bodily injury, otherwise it is a crime of the fourth degree. Aggravated
assault under paragraph (8) of subsection b. of this section is a crime of the
third degree if the victim suffers bodily injury; if the victim suffers
significant bodily injury or serious bodily injury it is a crime of the second
degree.�� Aggravated assault under paragraph (11) of subsection b. of this
section is a crime of the third degree.� Aggravated assault under paragraph
(12) of subsection b. of this section is a crime of the third degree but the
presumption of non-imprisonment set forth in subsection e. of N.J.S.2C:44-1 for
a first offense of a crime of the third degree shall not apply.

���� c.���� (1)� A person is guilty
of assault by auto or vessel when the person drives a vehicle or vessel
recklessly and causes either serious bodily injury or bodily injury to
another.� Assault by auto or vessel is a crime of the fourth degree if serious
bodily injury results and is a disorderly persons offense if bodily injury
results. Proof that the defendant was operating a hand-held wireless telephone
while driving a motor vehicle in violation of section 1 of P.L.2003, c.310
(C.39:4-97.3) may give rise to an inference that the defendant was driving
recklessly.

���� (2)�� Assault by auto or
vessel is a crime of the third degree if the person drives the vehicle while in
violation of R.S.39:4-50 or section 2 of P.L.1981, c.512 (C.39:4-50.4a) and
serious bodily injury results and is a crime of the fourth degree if the person
drives the vehicle while in violation of R.S.39:4-50 or section 2 of P.L.1981,
c.512 (C.39:4-50.4a) and bodily injury results.

���� (3)�� Assault by auto or
vessel is a crime of the second degree if serious bodily injury results from
the defendant operating the auto or vessel while in violation of R.S.39:4-50 or
section 2 of P.L.1981, c.512 (C.39:4-50.4a) while:

���� (a)�� on any school property
used for school purposes which is owned by or leased to any elementary or
secondary school or school board, or within 1,000 feet of such school property;

���� (b)�� driving through a school
crossing as defined in R.S.39:1-1 if the municipality, by ordinance or
resolution, has designated the school crossing as such; or

���� (c)�� driving through a school
crossing as defined in R.S.39:1-1 knowing that juveniles are present if the
municipality has not designated the school crossing as such by ordinance or
resolution.

���� Assault by auto or vessel is a
crime of the third degree if bodily injury results from the defendant operating
the auto or vessel in violation of this paragraph.

���� A map or true copy of a map
depicting the location and boundaries of the area on or within 1,000 feet of
any property used for school purposes which is owned by or leased to any
elementary or secondary school or school board produced pursuant to section 1
of P.L.1987, c.101 (C.2C:35-7) may be used in a prosecution under subparagraph
(a) of paragraph (3) of this subsection.

���� It shall be no defense to a
prosecution for a violation of subparagraph (a) or (b) of paragraph (3) of this
subsection that the defendant was unaware that the prohibited conduct took
place while on or within 1,000 feet of any school property or while driving
through a school crossing.� Nor shall it be a defense to a prosecution under
subparagraph (a) or (b) of paragraph (3) of this subsection that no juveniles
were present on the school property or crossing zone at the time of the offense
or that the school was not in session.

���� (4)�� Assault by auto or
vessel is a crime of the third degree if the person purposely drives a vehicle
in an aggressive manner directed at another vehicle and serious bodily injury
results and is a crime of the fourth degree if the person purposely drives a vehicle
in an aggressive manner directed at another vehicle and bodily injury results.�
For purposes of this paragraph, "driving a vehicle in an aggressive
manner" shall include, but is not limited to, unexpectedly altering the
speed of the vehicle, making improper or erratic traffic lane changes,
disregarding traffic control devices, failing to yield the right of way, or
following another vehicle too closely.

���� As used in this subsection,
"vessel" means a means of conveyance for travel on water and
propelled otherwise than by muscular power.

���� d.��� A person who is employed
by a facility as defined in section 2 of P.L.1977, c.239 (C.52:27G-2) who
commits a simple assault as defined in paragraph (1) or (2) of subsection a. of
this section upon an institutionalized elderly person as defined in section 2
of P.L.1977, c.239 (C.52:27G-2) is guilty of a crime of the fourth degree.

���� e.���� (Deleted by amendment,
P.L.2001, c.443).

���� f.���� A person who commits a
simple assault as defined in paragraph (1), (2) or (3) of subsection a. of this
section in the presence of a child under 16 years of age at a school or
community sponsored youth sports event is guilty of a crime of the fourth degree.�
The defendant shall be strictly liable upon proof that the offense occurred, in
fact, in the presence of a child under 16 years of age.� It shall not be a
defense that the defendant did not know that the child was present or
reasonably believed that the child was 16 years of age or older.� The
provisions of this subsection shall not be construed to create any liability on
the part of a participant in a youth sports event or to abrogate any immunity
or defense available to a participant in a youth sports event.� As used in this
act, "school or community sponsored youth sports event" means a
competition, practice or instructional event involving one or more
interscholastic sports teams or youth sports teams organized pursuant to a
nonprofit or similar charter or which are member teams in a youth league
organized by or affiliated with a county or municipal recreation department and
shall not include collegiate, semi-professional or professional sporting
events.

(cf: P.L.2015, c.100, s.1)

���� 2.��� Section 1 of P.L.1996,
c.14 (C.2C:12-11) is amended to read as follows:��

���� 1.��� a.� A person who
knowingly takes or attempts to exercise unlawful control over a firearm or
other weapon in the possession of a law enforcement
officer, Class Two
special law enforcement officer,
or corrections officer when that officer
is acting in the performance of his duties, and either is in uniform or
exhibits evidence of his authority, is guilty of a crime of the second degree.

���� b.��� A person violating the
provisions of subsection a. of this section shall be guilty of a crime of the
first degree if:

���� (1)�� The person fires or
discharges the firearm;

���� (2)�� The person uses or
threatens to use the firearm or weapon against the officer or any other person;
or

���� (3)�� The officer or another
person suffers serious bodily injury.

(cf: P.L.1996, c.14, s.1)

���� 3.��� N.J.S.2C:28-8 is amended
to read as follows:�

���� 2C:28-8.� a.� Except as
provided in subsection b. of this section, a person commits a disorderly
persons offense if he falsely pretends to hold� a position in the public
service with purpose to induce another to submit to
[
such
]

the
pretended official
authority or otherwise to act in reliance upon that pretense.

���� b.��� A person commits a crime
of the fourth degree if he falsely pretends to hold a position as an officer or
member or employee or agent of any organization or association of law
enforcement officers
, including Class Two special law
enforcement officers,
with purpose to induce another to submit to
[
such
]

the

pretended official authority or otherwise to act in reliance upon that
pretense.

(cf: P.L.2000, c.110, s.1)

���� 4.���
N.J.S.2C:39-6 is amended to read as follows:

���� 2C:39-6.� a.� Provided a
person complies with the requirements of subsection j. of this section,
N.J.S.2C:39-5 does not apply to:

���� (1)�� Members of the Armed
Forces of the United States or of the National Guard while actually on duty, or
while traveling between places of duty and carrying authorized weapons in the
manner prescribed by the appropriate military authorities;

���� (2)�� Federal law enforcement
officers, and any other federal officers and employees required to carry
firearms in the performance of their official duties;

���� (3)�� Members of the State
Police and, under conditions prescribed by the superintendent, members of the
Marine Law Enforcement Bureau of the Division of State Police;

���� (4)�� A sheriff, undersheriff,
sheriff's officer, county prosecutor, assistant prosecutor, prosecutor's
detective or investigator, deputy attorney general or State investigator
employed by the Division of Criminal Justice of the Department of Law and
Public Safety, investigator employed by the State Commission of Investigation,
inspector of the Alcoholic Beverage Control Enforcement Bureau of the Division
of State Police in the Department of Law and Public Safety authorized to carry
[
such
]
weapons by
the Superintendent of State Police, State park police officer, or State
conservation officer;

���� (5)�� Except as hereinafter
provided, a prison or jail warden of any penal institution in this State or his
deputies, or an employee of the Department of Corrections engaged in the
interstate transportation of convicted offenders, while in the performance of his
duties, and when required to possess the weapon by his superior officer, or a
corrections officer or keeper of a penal institution in this State at all times
while in the State of New Jersey, provided he annually passes an examination
approved by the superintendent testing his proficiency in the handling of
firearms;

���� (6)�� A civilian employee of
the United States Government under the supervision of the commanding officer of
any post, camp, station, base or other military or naval installation located
in this State who is required, in the performance of his official duties, to
carry firearms, and who is authorized to carry
[
such
]
firearms by
[
said
]

the

commanding officer, while in the actual performance of his official duties;

���� (7)� (a)� A regularly employed
member, including a detective, of the police department of any county or
municipality, or of any State, interstate, municipal or county park police
force or boulevard police force, at all times while in the State of New Jersey;

���� (b)�� A
Class Two

special law enforcement officer
[
authorized
to carry a weapon as provided in subsection b. of
]

appointed pursuant to

section 7 of P.L.1985, c.439 (C.40A:14-146.14)
, at all times while in the
State of New Jersey
;

���� (c)�� An airport security
officer
[
or
a special law enforcement officer appointed by the governing body of any county
or municipality, except as provided in subsection (b) of this section, or by
the commission, board or other body having control of a county park or airport
or boulevard police force,
]

while engaged in the actual performance of his official duties and when
specifically authorized
[
by
the governing body
]

to carry weapons;

���� (8)�� A full-time, paid member
of a paid or part-paid fire department or force of any municipality who is
assigned full-time or part-time to an arson investigation unit created pursuant
to section 1 of P.L.1981, c.409 (C.40A:14-7.1) or to the county arson investigation
unit in the county prosecutor's office,
[
while
either engaged in the actual performance of arson investigation duties or while
actually on call to perform arson investigation duties and when specifically
authorized by the governing body or the county prosecutor, as the case may be,
to carry weapons
]

at all times while in the State of New Jersey
. Prior to being permitted
to carry a firearm,
[
such
]
a member
shall take and successfully complete a firearms training course administered by
the Police Training Commission pursuant to P.L.1961, c.56 (C.52:17B-66 et
seq.), and shall annually qualify in the use of a revolver or similar weapon
prior to being permitted to carry a firearm;

���� (9)�� A juvenile corrections
officer in the employment of the Juvenile Justice Commission established
pursuant to section 2 of P.L.1995, c.284 (C.52:17B-170) subject to the
regulations promulgated by the commission;

���� (10)� A designated employee or
designated licensed agent for a nuclear power plant under license of the
Nuclear Regulatory Commission, while in the actual performance of his official
duties, if the federal licensee certifies that the designated employee or
designated licensed agent is assigned to perform site protection, guard, armed
response or armed escort duties and is appropriately trained and qualified, as
prescribed by federal regulation, to perform those duties.� Any firearm
utilized by an employee or agent for a nuclear power plant pursuant to this
paragraph shall be returned each day at the end of the employee's or agent's
authorized official duties to the employee's or agent's supervisor.� All
firearms returned each day pursuant to this paragraph shall be stored in locked
containers located in a secure area;

���� (11)� A county corrections
officer at all times while in the State of New Jersey, provided he annually
passes an examination approved by the superintendent testing his proficiency in
the handling of firearms.

���� b.��� Subsections a., b. and
c. of N.J.S.2C:39-5 do not apply to:

���� (1)�� A law enforcement
officer employed by a governmental agency outside of the State of New Jersey
while actually engaged in his official duties, provided, however, that he has
first notified the superintendent or the chief law enforcement officer of the
municipality or the prosecutor of the county in which he is engaged; or

���� (2)�� A licensed dealer in
firearms and his registered employees during the course of their normal
business while traveling to and from their place of business and other places
for the purpose of demonstration, exhibition or delivery in connection with a
sale, provided, however, that the weapon is carried in the manner specified in
subsection g. of this section.

���� c.���� Provided a person
complies with the requirements of subsection j. of this section, subsections b.
and c. of N.J.S.2C:39-5 do not apply to:

���� (1)�� A special agent of the
Division of Taxation who has passed an examination in an approved police
training program testing proficiency in the handling of any firearm which he
may be required to carry, while in the actual performance of his official
duties and while going to or from his place of duty, or any other police
officer, while in the actual performance of his official duties;

���� (2)�� A State deputy
conservation officer or a full-time employee of the Division of Parks and
Forestry having the power of arrest and authorized to carry weapons, while in
the actual performance of his official duties;

���� (3)�� (Deleted by amendment,
P.L.1986, c.150.)

���� (4)�� A court attendant
serving
[
as
such
]

under appointment by the sheriff of the county or by the judge of any municipal
court or other court of this State, while in the actual performance of his
official duties;

���� (5)�� A guard in the employ of
any railway express company, banking or building and loan or savings and loan
institution of this State, while in the actual performance of his official
duties;

���� (6)�� A member of a legally
recognized military organization while actually under orders or while going to
or from the prescribed place of meeting and carrying the weapons prescribed for
drill, exercise or parade;

���� (7)�� A humane law enforcement
officer of the New Jersey Society for the Prevention of Cruelty to Animals or
of a county society for the prevention of cruelty to animals, while in the
actual performance of his duties;

���� (8)�� An employee of a public
utilities corporation actually engaged in the transportation of explosives;

���� (9)�� A railway policeman,
except a transit police officer of the New Jersey Transit Police Department, at
all times while in the State of New Jersey, provided that he has passed an
approved police academy training program consisting of at least 280 hours.� The
training program shall include, but need not be limited to, the handling of
firearms, community relations, and juvenile relations;

���� (10)� A campus police officer
appointed under P.L.1970, c.211 (C.18A:6-4.2 et seq.) at all times.� Prior to
being permitted to carry a firearm, a campus police officer shall take and
successfully complete a firearms training course administered by the Police
Training Commission, pursuant to P.L.1961, c.56 (C.52:17B-66 et seq.), and
shall annually qualify in the use of a revolver or similar weapon prior to
being permitted to carry a firearm;

���� (11)� (Deleted by amendment,
P.L.2003, c.168).

���� (12)� A transit police officer
of the New Jersey Transit Police Department, at all times while in the State of
New Jersey, provided the officer has satisfied the training requirements of the
Police Training Commission, pursuant to subsection c. of section 2 of P.L.1989,
c.291 (C.27:25-15.1);

���� (13)� A parole officer
employed by the State Parole Board at all times.� Prior to being permitted to
carry a firearm, a parole officer shall take and successfully complete a basic
course for regular police officer training administered by the Police Training
Commission, pursuant to P.L.1961, c.56 (C.52:17B-66 et seq.), and shall
annually qualify in the use of a revolver or similar weapon prior to being
permitted to carry a firearm;

���� (14)� A Human Services police
officer at all times while in the State of New Jersey, as authorized by the
Commissioner of Human Services;

���� (15)� A person or employee of
any person who, pursuant to and as required by a contract with a governmental
entity, supervises or transports persons charged with or convicted of an
offense;

���� (16) A housing authority
police officer appointed under P.L.1997, c.210 (C.40A:14-146.19 et al.) at all
times while in the State of New Jersey; or

���� (17) A probation officer
assigned to the "Probation Officer Community Safety Unit" created by
section 2 of P.L.2001, c.362 (C.2B:10A-2) while in the actual performance of
the probation officer's official duties.� Prior to being permitted to carry a
firearm, a probation officer shall take and successfully complete a basic
course for regular police officer training administered by the Police Training
Commission, pursuant to
P.L.1961, c.56 (C.52:17B-66 et seq.), and shall
annually qualify in the use of a revolver or similar weapon prior to being
permitted to carry a firearm.

���� d.��� (1)� Subsections c. and
d. of N.J.S.2C:39-5 do not apply to antique firearms, provided that
[
such
]

the

antique firearms are unloaded or are being fired for the purposes of exhibition
or demonstration at an authorized target range or in
[
such other
]

another

manner
[
as
has been
]

approved in writing by the chief law enforcement officer of the municipality in
which the exhibition or demonstration is held, or if not held on property under
the control of a particular municipality, the superintendent.

���� (2)�� Subsection a. of
N.J.S.2C:39-3 and subsection d. of N.J.S.2C:39-5 do not apply to an antique
cannon that is capable of being fired but that is unloaded and immobile,
provided that the antique cannon is possessed by (a) a scholastic institution,
a museum, a municipality, a county or the State, or (b) a person who obtained a
firearms purchaser identification card as specified in N.J.S.2C:58-3.

���� (3)�� Subsection a. of
N.J.S.2C:39-3 and subsection d. of N.J.S.2C:39-5 do not apply to an unloaded
antique cannon that is being transported by one eligible to possess it, in
compliance with regulations the superintendent may promulgate, between its
permanent location and place of purchase or repair.

���� (4)�� Subsection a. of
N.J.S.2C:39-3 and subsection d. of N.J.S.2C:39-5 do not apply to antique
cannons that are being loaded or fired by one eligible to possess an antique
cannon, for purposes of exhibition or demonstration at an authorized target
range or in the manner as has been approved in writing by the chief law
enforcement officer of the municipality in which the exhibition or
demonstration is held, or if not held on property under the control of a
particular municipality, the superintendent, provided that performer has given
at least 30 days' notice to the superintendent.

���� (5)�� Subsection a. of
N.J.S.2C:39-3 and subsection d. of N.J.S.2C:39-5 do not apply to the
transportation of unloaded antique cannons directly to or from exhibitions or
demonstrations authorized under paragraph (4) of subsection d. of this section,
provided that the transportation is in compliance with safety regulations the
superintendent may promulgate.� Nor do those subsections apply to
transportation directly to or from exhibitions or demonstrations authorized
under the law of another jurisdiction, provided that the superintendent has
been given 30 days' notice and that the transportation is in compliance with
safety regulations the superintendent may promulgate.

���� e.���� Nothing in subsections
b., c. and d. of N.J.S.2C:39-5 shall be construed to prevent a person keeping
or carrying about his place of business, residence, premises or other land
owned or possessed by him, any firearm, or from carrying the same, in the manner
specified in subsection g. of this section, from any place of purchase to his
residence or place of business, between his dwelling and his place of business,
between one place of business or residence and another when moving, or between
his dwelling or place of business and place where
[
such
]

the
firearms are
repaired, for the purpose of repair.� For the purposes of this section, a place
of business shall be deemed to be a fixed location.

���� f.���� Nothing in subsections
b., c. and d. of N.J.S.2C:39-5 shall be construed to prevent:

���� (1)�� A member of any rifle or
pistol club organized in accordance with the rules prescribed by the National
Board for the Promotion of Rifle Practice, in going to or from a place of
target practice, carrying
[
such
]
firearms
[
as are
]
necessary for

[
said
]
target
practice, provided that the club has filed a copy of its charter with the
superintendent and annually submits a list of its members to the superintendent
and provided further that the firearms are carried in the manner specified in
subsection g. of this section;

���� (2)�� A person carrying a
firearm or knife in the woods or fields or upon the waters of this State for
the purpose of hunting, target practice or fishing, provided that the firearm
or knife is legal and appropriate for hunting or fishing purposes in this State
and he has in his possession a valid hunting license, or, with respect to fresh
water fishing, a valid fishing license;

���� (3)�� A person transporting
any firearm or knife while traveling:

���� (a)�� Directly to or from any
place for the purpose of hunting or fishing, provided the person has in his
possession a valid hunting or fishing license; or

���� (b)�� Directly to or from any
target range, or other authorized place for the purpose of practice, match,
target, trap or skeet shooting exhibitions, provided in all cases that during
the course of the travel all firearms are carried in the manner specified in
subsection g. of this section and the person has complied with all the
provisions and requirements of Title 23 of the Revised Statutes and any
amendments thereto and all rules and regulations promulgated thereunder; or

���� (c)�� In the case of a
firearm, directly to or from any exhibition or display of firearms which is
sponsored by any law enforcement agency, any rifle or pistol club, or any
firearms collectors club, for the purpose of displaying the firearms to the
public or to the members of the organization or club, provided, however, that
not less than 30 days prior to the exhibition or display, notice of the
exhibition or display shall be given to the Superintendent of the State Police
by the sponsoring organization or club, and the sponsor has complied with
[
such
]
reasonable
safety regulations as the superintendent may promulgate.� Any firearms
transported pursuant to this section shall be transported in the manner
specified in subsection g. of this section;

���� (4)�� A person from keeping or
carrying about a private or commercial aircraft or any boat, or from
transporting to or from
[
such
vessel
]

the aircraft or boat
for the purpose of installation or repair a visual
distress signaling device approved by the United States Coast Guard.

���� g.��� All weapons being
transported under paragraph (2) of subsection b., subsection e., or paragraph
(1) or (3) of subsection f. of this section shall be carried unloaded and
contained in a closed and fastened case, gunbox, securely tied package, or
locked in the trunk of the automobile in which
[
it is
]

they are
being
transported, and in the course of travel shall include only
[
such
]
deviations as
are reasonably necessary under the circumstances.

���� h.��� Nothing in subsection d.
of N.J.S.2C:39-5 shall be construed to prevent any employee of a public
utility, as defined in� R.S.48:2-13, doing business in this State or any United
States Postal Service employee, while in the actual performance of duties which
specifically require regular and frequent visits to private premises, from
possessing, carrying or using any device which projects, releases or emits any
substance specified as being noninjurious to canines or other animals by the
Commissioner of Health and which immobilizes only on a temporary basis and
produces only temporary physical discomfort through being vaporized or
otherwise dispensed in the air for the sole purpose of repelling canine or
other animal attacks.

���� The device shall be used
solely to repel only those canine or other animal attacks when the canines or
other animals are not restrained in a fashion sufficient to allow the employee
to properly perform his duties.

���� Any device used pursuant to
this act shall be selected from a list of products, which consist of active and
inert ingredients, permitted by the Commissioner of Health.

���� i.���� (1)� Nothing in
N.J.S.2C:39-5 shall be construed to prevent any person who is 18 years of age
or older and who has not been convicted of a crime, from possession for the
purpose of personal self-defense of one pocket-sized device which contains and
releases not more than three-quarters of an ounce of chemical substance not
ordinarily capable of lethal use or of inflicting serious bodily injury, but
rather, is intended to produce temporary physical discomfort or disability
through being vaporized or otherwise dispensed in the air. Any person in
possession of any device in violation of this subsection shall be deemed and
adjudged to be a disorderly person, and upon conviction thereof, shall be
punished by a fine of not less than $100.

���� (2)�� Notwithstanding the
provisions of paragraph (1) of this subsection, nothing in N.J.S.2C:39-5 shall
be construed to prevent a health inspector or investigator operating pursuant
to the provisions of section 7 of P.L.1977, c.443 (C.26:3A2-25) or a building
inspector from possessing a device which is capable of releasing more than
three-quarters of an ounce of a chemical substance, as described in paragraph
(1), while in the actual performance of the inspector's or investigator's
duties, provided that the device does not exceed the size of those used by law
enforcement.

���� j.���� A person shall qualify
for an exemption from the provisions of N.J.S.2C:39-5, as specified under
subsections a. and c. of this section, if the person has satisfactorily
completed a firearms training course approved by the Police Training
Commission.

����
[
Such
]

The
exempt person shall
not possess or carry a firearm until the person has satisfactorily completed a
firearms training course and shall annually qualify in the use of a revolver or
similar weapon. For purposes of this subsection, a "firearms training
course" means a course of instruction in the safe use, maintenance and
storage of firearms which is approved by the Police Training Commission.� The
commission shall approve a firearms training course if the requirements of the
course are substantially equivalent to the requirements for firearms training
provided by police training courses which are certified under section 6 of
P.L.1961, c.56 (C.52:17B-71). A person who is specified in paragraph (1), (2),
(3) or (6) of subsection a. of this section shall be exempt from the
requirements of this subsection.

���� k.��� Nothing in subsection d.
of N.J.S.2C:39-5 shall be construed to prevent any financial institution, or
any duly authorized personnel of the institution, from possessing, carrying or
using for the protection of money or property, any device which projects,
releases or emits tear gas or other substances intended to produce temporary
physical discomfort or temporary identification.

���� l.���� Nothing in subsection
b. of N.J.S.2C:39-5 shall be construed to prevent a law enforcement officer who
retired in good standing, including a retirement because of a disability
pursuant to section 6 of P.L.1944, c.255 (C.43:16A-6), section 7 of P.L.1944, c.255
(C.43:16A-7), section 1 of P.L.1989, c.103 (C.43:16A-6.1) or any substantially
similar statute governing the disability retirement of federal law enforcement
officers, provided the officer was a regularly employed, full-time law
enforcement officer for an aggregate of four or more years prior to his
disability retirement and further provided that the disability which
constituted the basis for the officer's retirement did not involve a
certification that the officer was mentally incapacitated for the performance
of his usual law enforcement duties and any other available duty in the
department which his employer was willing to assign to him or does not subject
that retired officer to any of the disabilities set forth in subsection c. of
N.J.S.2C:58-3 which would disqualify the retired officer from possessing or
carrying a firearm, who semi-annually qualifies in the use of the handgun he is
permitted to carry in accordance with the requirements and procedures
established by the Attorney General pursuant to subsection j. of this section
and pays the actual costs associated with those semi-annual qualifications, who
is 75 years of age or younger, and who was regularly employed as a full-time
member of the State Police; a full-time member of an interstate police force; a
full-time member of a county or municipal police department in this State; a
full-time member of a State law enforcement agency; a full-time sheriff,
undersheriff or sheriff's officer of a county of this State; a full-time State
or county corrections officer; a full-time county park police officer;
a
full-time arson investigator; a Class Two special law enforcement officer who
retired after four years of service;
a full-time county prosecutor's
detective or investigator; a full-time federal law enforcement officer; or is a
qualified retired law enforcement officer, as used in the federal "Law
Enforcement Officers Safety Act of 2004," Pub.L. 108-277, domiciled in
this State from carrying a handgun in the same manner as law enforcement officers
exempted under paragraph (7) of subsection a. of this section under the
conditions provided herein:

���� (1)�� The retired law
enforcement officer shall make application in writing to the Superintendent of
State Police for approval to carry a handgun for one year.� An application for
annual renewal shall be submitted in the same manner.

���� (2)�� Upon receipt of the
written application of the retired law enforcement officer, the superintendent
shall request a verification of service from the chief law enforcement officer
of the organization in which the retired officer was last regularly employed as
a full-time law enforcement officer prior to retiring.� The verification of
service shall include:

���� (a)�� The name and address of
the retired officer;

���� (b)�� The date that the
retired officer was hired and the date that the officer retired;

���� (c)�� A list of all handguns
known to be registered to that officer;

���� (d)�� A statement that, to the
reasonable knowledge of the chief law enforcement officer, the retired officer
is not subject to any of the restrictions set forth in subsection c. of
N.J.S.2C:58-3; and

���� (e)�� A statement that the
officer retired in good standing.

���� (3)�� If the superintendent
approves a retired officer's application or reapplication to carry a handgun
pursuant to the provisions of this subsection, the superintendent shall notify
in writing the chief law enforcement officer of the municipality wherein that
retired officer resides.� In the event the retired officer resides in a
municipality which has no chief law enforcement officer or law enforcement
agency, the superintendent shall maintain a record of the approval.

���� (4)�� The superintendent shall
issue to an approved retired officer an identification card permitting the
retired officer to carry a handgun pursuant to this subsection.� This
identification card shall be valid for one year from the date of issuance and
shall be valid throughout the State.� The identification card shall not be
transferable to any other person.� The identification card shall be carried at
all times on the person of the retired officer while the retired officer is
carrying a handgun.� The retired officer shall produce the identification card
for review on the demand of any law enforcement officer or authority.

���� (5)�� Any person aggrieved by
the denial of the superintendent of approval for a permit to carry a handgun
pursuant to this subsection may request a hearing in the Superior Court of New
Jersey in the county in which he resides by filing a written request for
[
such
]
a hearing
within 30 days of the denial.� Copies of the request shall be served upon the
superintendent and the county prosecutor. The hearing shall be held within 30
days of the filing of the request, and no formal pleading or filing fee shall
be required.� Appeals from the determination of
[
such a
]

the
hearing shall be in
accordance with law and the rules governing the courts of this State.

���� (6)�� A judge of the Superior
Court may revoke a retired officer's privilege to carry a handgun pursuant to
this subsection for good cause shown on the application of any interested
person.� A person who becomes subject to any of the disabilities set forth in subsection
c. of N.J.S.2C:58-3 shall surrender, as prescribed by the superintendent, his
identification card issued under paragraph (4) of this subsection to the chief
law enforcement officer of the municipality wherein he resides or the
superintendent, and shall be permanently disqualified to carry a handgun under
this subsection.

���� (7)�� The superintendent may
charge a reasonable application fee to retired officers to offset any costs
associated with administering the application process set forth in this
subsection.

���� m.�� Nothing in subsection d.
of N.J.S.2C:39-5 shall be construed to prevent duly authorized personnel of the
New Jersey Division of Fish and Wildlife, while in the actual performance of
duties, from possessing, transporting or using any device that projects,
releases or emits any substance specified as being non-injurious to wildlife by
the Director of the Division of Animal Health in the Department of Agriculture,
and which may immobilize wildlife and produces only temporary physical
discomfort through being vaporized or otherwise dispensed in the air for the
purpose of repelling bear or other animal attacks or for the aversive
conditioning of wildlife.

���� n.��� Nothing in subsection
b., c., d. or e. of N.J.S.2C:39-5 shall be construed to prevent duly authorized
personnel of the New Jersey Division of Fish and Wildlife, while in the actual
performance of duties, from possessing, transporting or using hand held pistol-like
devices, rifles or shotguns that launch pyrotechnic missiles for the sole
purpose of frightening, hazing or aversive conditioning of nuisance or
depredating wildlife; from possessing, transporting or using rifles, pistols or
similar devices for the sole purpose of chemically immobilizing wild or
non-domestic animals; or, provided the duly authorized person complies with the
requirements of subsection j. of this section, from possessing, transporting or
using rifles or shotguns, upon completion of a Police Training Commission
approved training course, in order to dispatch injured or dangerous animals or
for non-lethal use for the purpose of frightening, hazing or aversive
conditioning of nuisance or depredating wildlife.

(cf: P.L.2013, c.219, s.1)

���� 5.��� N.J.S.2C:52-32
is amended to read as follows:

����
2C:52-32.�� This chapter shall be construed with the primary objective of
providing relief to the reformed offender who has led a life of rectitude and
disassociated himself with unlawful activity, but not to create a system
whereby persistent violators of the law or those who associate themselves with
continuing criminal activity have a regular means of expunging their police and
criminal records.
��������
This
chapter shall not be construed to limit the expungement of

criminal records of a law enforcement officer or
Class Two special law enforcement officer acting in the course

of official duties. Unless

a law enforcement officer or Class Two special law
enforcement officer is convicted of a criminal offense for an

action that occurred while in the performance of his
law

enforcement duties, all
criminal records and reports relating to the

arrest and subsequent investigation of that officer
pertaining to that

action shall
be automatically expunged.

(cf:
P.L.2015, c.261, s.9)

���� 6.��� Section 3 of P.L.1985,
c.439 (C.40A:14-146.10) is amended to read as follows:�

���� 3.��� a.� Any local unit may,
as it deems necessary, appoint special law enforcement officers sufficient to
perform the duties and responsibilities permitted by local ordinances
authorized by N.J.S. 40A:14-118 or ordinance or resolution, as appropriate,
authorized by N.J.S.40A:14-106 and within the conditions and limitations as may
be established pursuant to this act.

���� b.��� No person may be
appointed as a special law enforcement officer unless the person:

���� (1)��
[
Is
]

is
a
resident of this State during the term of appointment;

���� (2)��
[
Is
]

is

able to read, write and speak the English language well and intelligently and
has a high school diploma or its equivalent;

���� (3)��
[
Is
]

is

sound in body and of good health;

���� (4)��
[
Is
]

is
of
good moral character;

���� (5)��
[
Has
]

has

not been convicted of any offense involving dishonesty or which would make him
unfit to perform the duties of his office;

���� (6)��
[
Has
]

has

successfully undergone the same psychological testing that is required of all
full-time police officers in the municipality or county or, with regard to a
special law enforcement officer hired for a seasonal period by a resort
municipality which requires psychological testing of its full-time police
officers, has successfully undergone a program of psychological testing
approved by the commission
;

����
(7)�� at the time of
appointment, undergoes drug testing for controlled dangerous substances or controlled
dangerous substance analogs; and

����
(8)�� is between 21 and 75
years of age
.

���� c.���� Every applicant for the
position of special law enforcement officer appointed pursuant to this act
shall have fingerprints taken, which fingerprints shall be filed with the
Division of State Police and the Federal Bureau of Investigation.

���� d.���
[
No
]

A

person shall
not
be appointed to serve as a special law enforcement
officer in more than one local unit at the same time,
[
nor shall
]

and

any permanent, regularly appointed full-time police officer of any local unit
shall
not
be appointed as a special law enforcement officer in any local unit.�
[
No
]

A

public official with responsibility for setting law enforcement policy or
exercising authority over the budget of the local unit or supervision of the
police department of a local unit shall
not
be appointed as a special
law enforcement officer.

���� e.���� Before any special law
enforcement officer is appointed pursuant to this act, the chief of police, or,
in the absence of the chief, other chief law enforcement officer of the local
unit shall ascertain the eligibility and qualifications of the applicant and
report these determinations in writing to the appointing authority.

���� f.���� Any person who at any
time prior to his appointment had served as a duly qualified, fully-trained,
full-time
corrections officer, sheriff�s officer, or law enforcement
officer
in any municipality or county of this State and who was separated from that
prior service in good standing, shall be eligible to serve as a special law
enforcement officer consistent with guidelines promulgated by the commission.�
The training requirements set forth in section 4 of this act
[
may
]

shall

be waived by the commission with regard to any person eligible to be appointed
as a special law enforcement officer pursuant to the provisions of this
subsection.

(cf: P.L.2013, c.21, s.3)�

���� 7.��� Section 4 of P.L.1985,
c.439 (C.40A:14-146.11) is amended to read as follows:�

���� 4.��� a.� No person may
commence his duties as a special law enforcement officer unless he has
successfully completed a training course approved by the commission and no
special law enforcement officer may be issued a firearm unless he has
successfully completed the basic firearms course approved by the commission for
permanent, regularly appointed police and annual requalification examinations
as required by subsection b. of section 7 of this act.� There shall be two
classifications for special police officers.� The commission shall prescribe by
rule or regulation the training standards to be established for each
classification.� Training may be in a commission approved academy or in any
other training program which the commission may determine appropriate.� The
classifications shall be based upon the duties to be performed by the special
law enforcement officer as follows:

���� (1)�� Class One.� Officers of
this class shall be authorized to perform routine traffic detail, spectator
control and similar duties. If authorized by ordinance or resolution, as
appropriate, Class One officers shall have the power to issue summonses for
disorderly persons and petty disorderly persons offenses, violations of
municipal ordinances and violations of Title 39 of the Revised Statutes. The
use of a firearm by an officer of this class shall be strictly prohibited and
no Class One officer shall be assigned any duties which may require the
carrying or use of a firearm.

���� (2)�� Class Two.� Officers of
this class shall be authorized to exercise
at all times the same
full
powers and duties
[
similar
to those of
]

as
a permanent, regularly appointed full-time police officer.� The use
of a firearm by an officer of this class may be authorized only after the
officer has been fully certified as successfully completing training as
prescribed by the commission.

���� b.��� The commission may, in
its discretion, except from the requirements of this section any person who
demonstrates to the commission's satisfaction that he has successfully
completed a police training course conducted by any federal, state or other
public or private agency, the requirements of which are substantially
equivalent to the requirements of this act.

���� c.���� The commission shall
certify officers who have satisfactorily completed training programs and issue
appropriate certificates to those officers.� The certificate shall clearly
state the category of certification for which the officer has been certified by
the commission.

���� d.��� All special law
enforcement officers appointed and in service on the effective date of this act
may continue in service if within 24 months of the effective date of this act
they will have completed all training and certification requirements of this
act.

����
e.���� All Class Two
special law enforcement officer shall have the same immunity from civil
liability accorded to permanent, regularly appointed full-time police officers.

����
f.���� Any Class Two
special law enforcement officer may be assigned to work as security in a
polling place on the day of an election to ensure that qualified voters are not
obstructed from voting.�

(cf: P.L.2013, c.21, s.4)

���� 8.��� 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
appointed.�

���� b.���
[
No
]

A

special law enforcement officer may 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
]

at all
times while in the State of New Jersey
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 he is performing the public
safety functions on behalf of the local unit pursuant to this act and when he
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.� No such special police officer
shall carry a revolver or other similar weapon when off duty; but if any such
special police officer appointed by the governing body of any municipality
having a population in excess of 300,000, according to the 1980 federal census,
who is a resident of the municipality and is employed as a special police
officer at least 35 hours per week, or less at the discretion of the chief of
police and mayor, shall, at the direction of the chief of police, have taken
and successfully completed complete 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
police 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, said special police officer shall
be permitted to carry a revolver or other similar weapon when off duty within
the municipality where he 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.� The
permit shall be on the person of the special police officer whenever a revolver
or other similar weapon is carried off duty.� No permit shall be issued until
the special police officer has successfully completed all training courses required
under this section.� Any training courses completed by a special police officer
under the direction of the chief of police 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 police 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, and shall perform his
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 his
appointment was

issued or to transport persons to
and from a correctional facility.�

(cf: P.L.1991, c.46, s.1)�

���� 9.��� Section 9 of P.L.1985,
c.439 (C.40A:14-146.16) is amended to read as follows:

���� 9.��� a.� Except as provided
in subsection c. of this section, no special law enforcement officer may be
employed for more than 20 hours per week by the local unit except that special
law enforcement officers may be employed by the local unit for those hours as
the governing body may determine necessary in accordance with the limits
prescribed below:

���� (1)�� In resort municipalities
not to exceed 48 hours per week during any seasonal period.

���� (2)�� In all municipalities or
counties without limitation as to hours during periods of emergency.

���� (3)�� In all municipalities or
counties in addition to not more than 20 hours per week including duties
assigned pursuant to the provisions of section 7 of this act a special law
enforcement officer may be assigned for not more than 20 hours per week to
provide public safety and law enforcement services to a public entity.

���� (4)�� In municipalities or
counties, as provided in subsection b. of section 7 of this act, for hours to
be determined at the discretion of the director of the municipal or county
police force.

���� b.��� Notwithstanding any
provision of this act to the contrary, special law enforcement officers may be
employed only to assist the local law enforcement unit but may not be employed
to replace or substitute for full-time, regular police officers or in any way
diminish the number of full-time officers employed by the local unit.

���� c.���� Each municipality or
county may designate one special law enforcement officer to whom the
limitations on hours employed set forth in subsection a. of this section shall
not be applicable.

����
d.��� Notwithstanding the
provisions of subsection a. of this section, a special law enforcement officer shall
not be employed for more than 20 hours per week by the local unit unless the
governing body of the county or municipality in which the special law
enforcement officer is employed has purchased from an insurance company
authorized to do business in this State liability insurance for acts or
omissions committed by special law enforcement officers acting in the course of
their official duties.

(cf: P.L.2013, c.21, s.6)�

���� 10.� (New section) The
governing body of a county or municipality shall give a leave of absence with
pay to Class Two special law enforcement officers to attend any State or
national convention of the Special Police Organization.� ����������� A
certificate of attendance to the State convention shall, upon request, be
submitted to a supervising officer by a Class Two special law enforcement
officer attending the convention.� Leave of absence shall be for a period
inclusive of the duration of the convention with a reasonable time allowed for
time to travel to and from the convention.

���� 11.� (New
section)� a.� As used in this section:

���� �Disciplinary
action� means any adverse personnel action, including suspension, reduction in
pay, rank or other employment benefit, dismissal, transfer, reassignment,
unreasonable denial of secondary employment or similar punitive action taken
against a law enforcement officer or Class Two special law enforcement officer.

���� �Disciplinary
hearing� means an administrative hearing initiated by the department against a
law enforcement officer or Class Two special law enforcement officer, based on
an alleged violation of law or department, commission, or agency rule or
regulation that, if proven, would subject the law enforcement officer or Class
Two special law enforcement officer to disciplinary action.

���� "Investigation"
means an action taken by the employing department, commission, or agency to
determine whether a law enforcement officer or Class Two special law
enforcement officer violated any law or department, commission, or agency rule
or regulation and includes: (1) questioning any other State law enforcement
officer or person; (2) conducting observations; (3) reviewing and evaluating
reports, records, or other documents; and (4) examining physical evidence.

���� b.��� An
employing department, commission, or agency may dismiss a complaint filed by a
private citizen or an inmate against a law enforcement officer or Class Two
special law enforcement officer without full investigation if:�

���� (1)�� the
department, commission, or agency determines that the complaint does not
constitute a violation of law or departmental, commission, or agency rule or
regulation; or

���� (2)�� the
complainant failed to substantially comply with the complaint procedure
prescribed by the department, commission, or agency employing the officer.

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

STATEMENT

���� This bill establishes certain
benefits for Class Two special law enforcement officers. Under current law,
Class Two special law enforcement officers only have full police powers while
on duty and are required to return their firearms to the officer in charge of
their station at the end of each workday.�

���� This bill authorizes all Class
Two special law enforcement officers who successfully complete the statutorily
required training programs to exercise full police power and carry their
firearms at all times when in this State.� The bill also allows arson
investigators to carry a firearm at all times while in this State.

���� In addition, the bill
establishes new requirements for Class One and Class Two special law
enforcement officers.� Specifically, the bill requires all special law
enforcement officers to be between 21 and 75 years of age and to submit to a
drug test at the time of appointment.� The bill also waives the training
requirements to become a Class Two special law enforcement officer for persons
who previously served as a full-time corrections officer, sheriff�s officer, or
law enforcement officer.��

���� This bill also clarifies that
Class Two special law enforcement officers are granted the same protections as
all law enforcement officers.� Under current law, a simple assault is upgraded
to an aggravated assault if committed against a law enforcement officer while
clearly identifiable as being engaged in official duties or due to law
enforcement status.� Current law also makes it a fourth degree crime to
impersonate a law enforcement officer and a second degree crime to knowingly
take or attempt to exercise unlawful control over a law enforcement officer�s
firearm.� This bill clarifies that the same penalties for the crimes of assaulting,
impersonating, or disarming a law enforcement officer apply if committed
against a Class Two special law enforcement officer.� The bill also
specifically extends to Class Two special law enforcement officers the same
immunity from civil liability granted to regular full-time law enforcement
officers.�

���� Under the bill, Class Two
special law enforcement officers would be permitted to act as security at
polling place on the day of an election to ensure that qualified voters are not
obstructed from voting.�
The bill authorizes
the automatic expungement of criminal charges that are filed against any law
enforcement officer, including any
Class Two special law enforcement
officer,
in the course of official duties if
the officer is found not guilty.�
Class Two special law enforcement
officers also would be
entitled to paid leave to
attend any State or national convention of the Special Police Organization.
�
Under current law, paid leave is only granted to members of
an organization affiliated with
the
New Jersey Policemen's Benevolent
Association, Inc., the Fraternal Order of Police, the Firemen's Mutual
Benevolent Association or the Professional

Fire
Fighters Association.

���� Currently, special law
enforcement officers are prohibited from working more than 20 hours per week
except: 1) during periods of emergency, 2) in resort municipalities, 3) or to
provide public safety and law enforcement services to a public entity.� This
bill requires� counties and municipalities in which special law enforcement
officers work more than 20 hours per week to purchase liability insurance for
acts or omissions committed by special law enforcement officers acting in the
course of their official duties.

���� The bill also allows a
department, commission, or agency to dismiss a complaint filed by a private
citizen or an inmate against a regularly appointed, full-time law enforcement
officer or Class Two special law enforcement officer without full investigation
if it determines that the complaint does not constitute a violation of law or
departmental rule or regulation.� A complaint filed by a private citizen or an
inmate also may be dismissed if the complainant failed to substantially comply
with the complaint procedure prescribed by the employing department.

���� Finally, the bill expands the
list of retired law enforcement officers who are eligible to receive a permit
to carry a handgun to include retired arson investigators and Class Two special
law enforcement officers who retire after four years of service.� Under current
law, certain retired law enforcement officers may annually apply for a permit
to carry a handgun, until those officers reach age 75, at which time they are
no longer eligible. The permit allows a retired law enforcement officer to
carry a handgun at all times.� Under this bill, retired arson investigators and
Class Two special law enforcement officers who retire after four years of
service would be eligible to receive a carry permit.