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A1897
ASSEMBLY, No. 1897
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)
Assemblywoman VERLINA REYNOLDS-JACKSON
District 15 (Hunterdon and Mercer)
SYNOPSIS
���� Establishes requirements for use of deadly force.
CURRENT VERSION OF TEXT
���� Introduced Pending Technical Review by Legislative
Counsel.
��
An Act
concerning the use of deadly force and amending
N.J.S.2C:3-7.
����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:
���� 1.��� N.J.S.2C:3-7 is amended
to read as follows:
���� 2C.3-7.� a.� Use of force
justifiable to effect an arrest.� Subject to the provisions of this section and
[
of
section 2C:3-9
]
N.J.S.2C:3-9
, the use of force upon or toward the person of another is
justifiable when the actor is making or assisting in making an arrest and the
actor reasonably believes that such force is immediately necessary to effect a
lawful arrest.
���� b.��� Limitations on the use
of force.
���� (1)�� The use of force is not
justifiable under this section unless:
���� (a)�� The actor makes known
the purpose of the arrest or reasonably believes� that it is otherwise known by
or cannot reasonably be made known to the person� to be arrested; and
���� (b)�� When the arrest is made
under a warrant, the warrant is valid or reasonably believed by the actor to be
valid.
���� (2)�� The use of deadly force
is not justifiable under this section unless:
���� (a)��
[
The actor
effecting the arrest is authorized to act as a peace officer� or has been
summoned by and is assisting a person whom he reasonably believes� to be
authorized to act as a peace officer;� and
]
(Deleted by amendment, P.L.��� , c.��� ) (pending before the Legislature as
this bill)
���� (b)��
[
The actor
reasonably believes that the force employed creates no substantial risk of
injury to innocent persons;� and
]
�
(Deleted by amendment, P.L.��� , c.��� ) (pending before the Legislature as
this bill)
���� (c)��
[
The actor
reasonably believes that the crime for which the arrest is made was homicide,
kidnapping, an offense under 2C:14-2 or 2C:14-3, arson, robbery, burglary of a
dwelling, or an attempt to commit one of these crimes; and
]
(Deleted
by amendment, P.L. , c.��� ) (pending before the
Legislature as this bill)
�
���� (d)�� The actor reasonably
believes:
���� (i)��� There is an imminent
threat of deadly force to
[
himself
]
the actor
or a third party
[
;�
or
]
.
���� (ii)��
[
The use of
deadly force is necessary to thwart the commission of a crime as set forth in
subparagraph (c) of this paragraph;� or
]
(Deleted by amendment, P.L.��� , c.��� ) (pending before the Legislature as
this bill)
���� (iii)��
[
The use of
deadly force is necessary to prevent an escape.
]
(Deleted by amendment,
P.L.��� , c.��� ) (pending before the Legislature as this bill)
���� c.���� Use of force to prevent
escape from custody.� The use of force to prevent the escape of an arrested
person from custody is justifiable when the force could, under subsections a.
and b. of this section, have been employed to effect the arrest under which the
person is in custody. A
[
correction
]
correctional
police
officer or other person authorized to act as a peace officer is
[
, however,
]
justified in�
using
[
any
]
force
[
including
]
other than
deadly force, which
[
he
]
the
officer or authorized person
reasonably believes to be immediately
necessary to prevent the escape of a person committed to a jail,� prison, or
other institution for the detention of persons charged with or� convicted of an
offense
[
so
long as the actor believes that the force employed creates no substantial risk
of injury to innocent persons
]
.
���� d.��� Use of force by private
person assisting an unlawful arrest.
���� (1)�� A private person who is
summoned by a peace officer to assist in effecting an unlawful arrest is
justified in using
[
any
]
force
,
other than deadly force,
which
[
he
]
the person
would be justified in using if the arrest were lawful, provided that
[
he
]
the person
does not believe the arrest is unlawful.
���� (2)�� A private person who
assists another private person in effecting an unlawful arrest, or who, not
being summoned, assists a peace officer in effecting an unlawful arrest, is
justified in using
[
any
]
force
,
other than deadly force,
which
[
he
]
the person
would be justified in using if the arrest were lawful, provided that (a)
[
he
]
the person
reasonably believes the arrest is lawful, and (b) the arrest would be lawful if
the facts� were as
[
he
]
the person
believes them to be and such belief is reasonable.
���� e.���� Use of force to prevent
suicide or the commission of a crime. The use of force upon or toward the
person of another is justifiable when the actor reasonably believes that such
force is immediately necessary to prevent such other person from committing suicide,
inflicting serious bodily harm upon himself, committing or consummating the
commission of a crime involving or� threatening bodily harm, damage to or loss
of property or a breach of the peace, except that:
���� (1)�� Any limitations imposed
by the other provisions of this chapter on the justifiable use of force in
self-protection
[
,
]
or
for
the protection of others
[
,
the protection of property, the effectuation of an arrest or the prevention of
an escape from custody
]
shall apply notwithstanding the criminality of the conduct against which such
force is used; and
���� (2)�� The use of deadly force
is not in any event justifiable under this subsection unless the actor
reasonably believes that it is likely that the person whom
[
he
]
the actor
seeks to prevent from committing a crime will endanger human life or inflict
serious bodily harm upon another
[
unless
the commission or the consummation of the crime is prevented
]
and that the
use of such force presents no substantial risk of injury to innocent persons.
(cf: P.L.1981, c.290, s.5)
���� 2.��� This act shall take
effect immediately.
STATEMENT
���� This bill eliminates making an
arrest or preventing an escape as justification for the use deadly force.
���� Under current law, the use of
deadly force is justified when used to make an arrest under certain
circumstances.� Specifically, the use of deadly force to effectuate an arrest
is justified if the actor effecting the arrest is authorized to act as a peace
officer, or has been summoned by and is assisting a peace officer, and
reasonably believes that:
�
the force
creates no substantial risk of injury to innocent persons and that the crime
for which the arrest is made was homicide, kidnapping, sexual assault, criminal
sexual contact, arson, robbery, or burglary of a dwelling; and
�
there is an
imminent threat of deadly force to the actor or a third party;� or
�
the use of
deadly force is necessary to thwart the commission of a crime.
���� A correctional police officer,
or person authorized to act as a peace officer, is justified in using deadly
force under current law if the officer or authorized person reasonably believes
the deadly force is immediately necessary to prevent the escape of a person
committed to a jail, prison, or other institution for the detention of persons
charged with or� convicted of an
offense, so long as the actor
believes that the force employed creates no substantial risk of injury to an
innocent person.
���� This
bill amends current law to provide that the use of deadly force to effectuate
an arrest is only justified if there is an imminent threat of deadly force to the
person using force or a third party.� The bill also provides that the use of
deadly force may not be used to prevent the escape of a person charged or
convicted of an offense.�