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A2044
ASSEMBLY, No. 2044
STATE OF NEW JERSEY
222nd LEGISLATURE
�
PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION
Sponsored by:
Assemblywoman SHAMA A. HAIDER
District 37 (Bergen)
Assemblyman MICHAEL VENEZIA
District 34 (Essex)
SYNOPSIS
���� Prohibits law enforcement agencies from hiring
officer applicants removed from office by former agency for police misconduct.
CURRENT VERSION OF TEXT
���� Introduced Pending Technical Review by Legislative
Counsel.
��
An Act
concerning police misconduct and amending
P.L.2020, c.52.
����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:
���� 1.��� Section 1 of P.L.2020,
c.52 (C.52:17B-247) is amended to read as follows:�
���� 1.��� a.� As used in this act,
"law
enforcement
agency" means a State, interstate, municipal, or county law enforcement
agency; a law enforcement agency of an educational institution that appoints
law enforcement officers pursuant to P.L.1970, c.211 (C.18A:6-4.2 et seq.); or
any other department, division, bureau, commission, board, or other authority
of this State or political subdivision thereof which employs law enforcement
officers.
���� b.��� Prior to appointing an
applicant who was previously employed by another law enforcement agency in this
State, every law enforcement agency shall request the files, including but not
limited to internal affairs and personnel files, of the applicant from each law
enforcement agency that employed the applicant.� Any confidential internal
affairs files received by the law enforcement agency that requested them shall
remain confidential and shall not be disclosed to any other party.
���� c.��� Every law enforcement
agency that receives a request pursuant to subsection b. of this section shall
provide the applicant's files to the law enforcement agency that requested
them.�
���� d.��� Any provision of a
contract entered into following the effective date of this act that would
prohibit a law enforcement agency from providing files, including but not
limited to internal affairs and personnel files, to another law enforcement
agency pursuant to this section shall be deemed against public policy and
unenforceable.
���� e.��� The Attorney General
shall issue or amend guidelines or directives necessary to effectuate the
provisions of this
[
act
]
section
.
����
f.���� A law enforcement
agency in this State shall not appoint an applicant as a law enforcement
officer if another law enforcement agency removed that applicant from office,
employment, or position for misconduct or willful disobedience of rules and
regulations established for the government of that law enforcement agency.�
(cf:� P.L.2020, c.52, s.1)
���� 2.��� This act shall take
effect immediately.
STATEMENT
���� This bill prohibits law
enforcement agencies in this State from appointing applicants to police officer
positions if the applicant had previously been terminated by another agency for
police misconduct or violation of the agency�s rules.
���� Recently enacted P.L2020, c.52
(C.52:17B-247) requires law enforcement agencies, prior to appointing an
applicant who was previously employed by another law enforcement agency in this
State, to request the applicant�s file from each law enforcement agency that
employed the applicant.� These files include internal affairs and personnel
files.�� A law enforcement agency that receives a request for a former
officer�s files is required to forward them to the requesting agency.�
���� This bill expands P.L.2020,
c.52 (C.52:17B-247) to specifically prohibit law enforcement agencies from
appointing any applicant as a law enforcement officer if another law
enforcement agency removed that applicant from office, employment, or position
for misconduct or willful disobedience of rules and regulations established for
the government of that law enforcement agency.