Concerns motor vehicle stops by law enforcement officers.

A4239

ASSEMBLY, No. 4239

STATE OF NEW JERSEY

222nd LEGISLATURE

�

INTRODUCED FEBRUARY 19, 2026

Sponsored by:

Assemblywoman� SHANIQUE SPEIGHT

District 29 (Essex and Hudson)

SYNOPSIS

���� Concerns motor vehicle stops by law enforcement
officers.

CURRENT VERSION OF TEXT

���� As introduced.

��

An Act
concerning motor vehicle stops and supplementing and
amending various parts of the statutory law.

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

���� 1.��� (New section) The
Legislature finds and declares that:

���� a. �Issuing citations for
certain motor vehicle violations by mail, also referred to as contactless
policing, would be beneficial to the community and law enforcement officers;

���� b.��� Contactless policing
would allow law enforcement officers to police crime and not people.� It would
also result in the elimination of millions of motor vehicle stops each year;

���� c.���� As the average police
stop takes up to 15 minutes, this would free up a law enforcement officer�s
time to police crime and engage in community policing;

���� d.��� Community policing
creates opportunities for interaction between community members and law
enforcement officers, not only in the context of an officer responding to a
crime.� This results in more interaction in general, but more importantly, more
positive interaction;

���� e.���� When analyzing data of
motor vehicle stops, multiple studies have found support for the �veil of
darkness� theory: as the sun sets and it becomes more difficult to determine
the race of the driver, the percentage of black drivers stopped by law
enforcement officers for motor vehicle violations decreases significantly, with
a 10 to 15 percent decrease in many jurisdictions.� Often, these motor vehicle
stops of black drivers are pretextual, with a driver being detained for a minor
infraction while law enforcement seek evidence of a more serious crime;

���� f.���� Under this act, a law
enforcement officer would be able to issue a citation for certain motor vehicle
violations by mail without initiating an interaction with the driver; and

���� g.��� The intent of this act
is to reduce the loss of all lives at the hands of law enforcement officers by
using technology to reduce pretextual stops.

���� 2.��� a.� (New section)
Notwithstanding the provisions of any law to the contrary and except as
provided in subsections d. and e. of this section, a State, county, or
municipal law enforcement officer shall not initiate a motor vehicle stop
solely for a violation of Title 39 of the Revised Statutes.� A law enforcement
officer may issue a citation for a violation of Title 39 of the Revised
Statutes observed by the law enforcement officer by first class mail to the
registered owner of the motor vehicle on a form prescribed by the
Administrative Director of the Courts.�

���� b.��� Any photographs or video
from a law enforcement officer�s mobile video recording system depicting the
alleged violation shall be made available to the registered owner of the motor
vehicle.

���� c.���� If a law enforcement
officer issues a citation, the citation shall be issued and sent by the law
enforcement agency to the registered owner of the motor vehicle within seven
days from the date on which the alleged violation occurred.� Photographs of the
alleged violation and information regarding how to access video of the alleged
violation pursuant to subsection b. of this section also shall be sent with the
citation.

���� d.��� Notwithstanding the
provisions of subsection a. of this section, every State, county, and municipal
law enforcement officer may initiate a motor vehicle stop, rather than issuing
a citation by mail, for the following violations observed by the law enforcement
officer:

���� (1)�� Racing on Highway,
R.S.39:4-52;

���� (2)�� Passing to Left When
Overtaking, Passing When in Lines, Passing on Right, R.S.39:4-85;

���� (3)�� Overtaking and Passing
Vehicles, Crossing �No Passing� Lines, R.S.39:4-86;

���� (4)�� Following, Space Between
Trucks, R.S.39:4-89;

���� (5)�� Reckless Driving,
R.S.39:4-96;

���� (6)�� Use of Wireless
Telephone, Electronic Communication Device in Moving Vehicles, section 1 of
P.L.2003. c.310

(C.39:4-97.3);

���� (7)�� Rates of Speed,
R.S.39:4-98 when the driver exceeds the posted speed limit by 30 miles per hour
or more;�

���� (8)�� Action in Case of
Accident, R.S.39:4-129; and

���� (9)�� Driving While
Intoxicated, R.S.39:4-50.

���� e.���� Notwithstanding the
provisions of subsection a. of this section, a State, county, or municipal law
enforcement officer may initiate a motor vehicle stop following an observed
violation of any provision of Title 39 of the Revised Statutes if:

���� (1)�� there is a risk to
public safety;

���� (2)�� there is an outstanding
warrant for the arrest of the registered owner of the motor vehicle or the law
enforcement officer has reasonable cause to believe the driver of the motor
vehicle has committed a crime; or

���� (3)�� the motor vehicle
matches the description of a motor vehicle that a law enforcement officer has
reasonable cause to believe is involved in a kidnapping, human trafficking, or
any other crime for which failure to immediately apprehend the suspect is reasonably
likely to result in death or serious bodily injury to a person other than the
suspect.

���� For the purposes of this
subsection, �risk to public safety� means a risk that is reasonably likely to
endanger the life or safety of the law enforcement officer or another person as
a result of a violation of Title 39 of the Revised Statutes.� Except for the
offenses set forth in subsection d. of this section, a violation of Title 39 of
the Revised Statutes, by itself, shall be insufficient to create a risk to
public safety.� A law enforcement officer shall be able to articulate specific
facts regarding the circumstances of the violation that created the risk to
public safety.

���� f.���� A State, county, or
municipal law enforcement officer may issue a citation for a violation of Title
39 of the Revised Statutes if the law enforcement officer lawfully stopped or
detained the operator of the motor vehicle for another permissible reason.

���� g.��� (1) Except for the
offenses set forth in subsection d. of this section, there shall be a
rebuttable presumption that the registered owner of the vehicle which was
involved in a violation of a provision of Title 39 of the Revised Statutes was
the person who committed the act.

���� (2)�� A registered owner of a
motor vehicle who receives a citation by mail pursuant to this section, but was
not the person who committed the act, shall be permitted to contest the
violation electronically or by remote access and shall not be required to appear
in court.� Within six months of the effective date of P.L.��� , c.��� (C.�������
) (pending before the Legislature as this bill), the Administrative Director of
the Courts shall develop and implement a system that allows electronic
submissions or remote access as provided in this paragraph.

���� (3) The Administrative
Director of the Courts shall adopt guidelines to effectuate the provisions of
this subsection, which shall include the types of proof that the registered
owner of the motor vehicle may submit to the court to rebut the presumption that
the registered owner of the motor vehicle which was involved in a violation of
Title 39 of the Revised Statutes was the person who committed the violation.

���� h.��� No later than three
months prior to the effective date of P.L��� , c.��� (C.������� ) (pending
before the Legislature as this bill), the Attorney General shall issue
guidelines or directives to effectuate the purposes of this section.

���� i.���� As used in this
section:

���� �Citation� means any summons,
ticket, or other official document issued by a law enforcement officer for a
traffic violation, containing an order which requires the motorist to respond.

���� �Mobile video recording
system� means a device or system installed or used in a police vehicle or worn
or otherwise used by an officer that electronically records visual images
depicting activities that take place during a motor vehicle stop or other law
enforcement action.

���� 3.��� a.� (New section) After
initiating a motor vehicle stop for a violation of Title 39 of the Revised
Statutes, a State, county, or municipal law enforcement officer shall not ask
an operator or occupant of a motor vehicle for consent to search the motor vehicle,
the contents of the motor vehicle, or the person of the operator or occupant
unless the law enforcement officer has reasonable, articulable suspicion that
criminal behavior, other than a violation of Title 39 of the Revised Statutes,
was occurring or was about to occur.

���� b.��� The odor of cannabis,
either burned or raw, by itself, shall not establish probable cause for a
State, county, or municipal law enforcement officer to search a motor vehicle
or the operator or occupants of a motor vehicle.

���� c.���� After initiating a
motor vehicle stop, a State, county, or municipal law enforcement officer shall
not use a drug-detection canine, unless the law enforcement officer has
reasonable suspicion to believe that there is a controlled dangerous substance
or controlled substance analog, other than marijuana or cannabis, in the motor
vehicle or on the person of the operator or occupant of the motor vehicle.

���� d.��� No later than three
months prior to the effective date of P.L. , c.��� (C.�������
) (pending before the Legislature as this bill), the Attorney General shall
issue guidelines or directives to effectuate the purposes of this section.

���� 4.��� Section 14 of P.L.2009,
c.121 (C.52:17B-235) is amended to read as follows:

���� 14.� a. The office shall
prepare semi-annual public reports that include aggregate statistics on State
Police traffic enforcement activities and procedures, segregated by State
Police station and providing aggregate data on the race and ethnicity of the civilians
involved.� These reports shall include aggregate statistics on the number of
motor vehicle stops, reason for the motor vehicle stop, enforcement actions,
including, but not limited to, summonses, warnings, and arrests, requests for
consent to search, consent searches conducted, non-consensual searches, and the
use of force.�

����
The reports shall include
aggregate statistics on the number of citations issued by mail for a violation
of Title 39 of the Revised Statutes pursuant to subsection a. of section 2 of
P.L.��� ,

c.��� (C.������� ) (pending before the Legislature as this bill) and on the
number of motor vehicle stops that were initiated due to each of the three
exceptions set forth in subsection e. of section 2 of P.L.��� ,

c.��� (C������� )(pending before the Legislature as this bill).

���� The reports shall also include
aggregate statistics of the number of criminal charges filed, contraband
seizures and wanted persons taken into custody related to motor vehicle stops,
and such additional data as may be jointly directed by the superintendent and
Attorney General.

���� b.��� The office shall prepare
semi-annual public reports providing aggregate data regarding misconduct
investigations, and the number of external, internal, and total complaints
received and the disposition of those complaints.

���� c.���� The Attorney General
shall, on an annual basis, report to the Governor, the Legislature and the
public on the implementation of P.L.2009, c.121 (C.52:17B-222 et seq.). The
Attorney General shall annually provide the State Treasurer and the Office of
Management and Budget with an estimate of the funds needed to be appropriated
to implement the provisions of this act, including but not limited to,
estimates of funds needed to maintain adequate information technology and data
analysis staffing and to provide adequate training.

���� d.��� The reports required by
this section are not intended to evaluate compliance by the Division of State
Police and the office with the provisions of P.L.2009, c.121 (C.52:17B-222 et
seq.).� That evaluative function shall be performed by the State Comptroller in
conducting the audits and performance reviews required under the provisions of
section 15 of P.L.2009, c.121 (C.52:27B-236).

(cf: P.L.2009, c.121. s.14)

���� 5.��� Section 1 of P.L.1995,
c.23 (C.47:1A-1.1) is amended to read as follows:

���� 1.��� As used in P.L.1963,
c.73 (C.47:1A-1 et seq.) as amended and supplemented:

���� "Biotechnology"
means any technique that uses living organisms, or parts of living organisms,
to make or modify products, to improve plants or animals, or to develop
micro-organisms for specific uses; including the industrial use of recombinant
DNA, cell fusion, and novel bioprocessing techniques.

���� "Child protective
investigator in the Division of Child Protection and Permanency" means an
employee of the Division of Child Protection and Permanency in the Department
of Children and Families whose primary duty is to investigate reports of child
abuse and neglect, or any other employee of the Department of Children and
Families whose duties include investigation, response to, or review of
allegations of child abuse and neglect.

���� "Commercial purpose"
means the direct or indirect use of any part of a government record for sale,
resale, solicitation, rent, or lease of a service or any use by which the user
expects a profit either through commission, salary, or fee.� "Commercial
purpose" shall not include the use of a government record for any purpose
by:

���� (1) �the news media, or any
parent company, subsidiary, or affiliate of any news media, as defined by
section 2 of P.L.1977, c.253 (C.2A:84A-21a) ;

���� (2) �any news, journalistic,
educational, scientific, scholarly, or governmental organization;

���� (3) �any person authorized to
act on behalf of a candidate committee, joint candidate committee, political
committee, continuing political committee, political party committee, or
legislative leadership committee, as defined by section 3 of P.L.1973, c.83 (C.19:44A-3),
registered with the New Jersey Election Law Enforcement Commission;

���� (4) �any labor organization;

���� (5) �any contractor signatory
to a collective bargaining agreement seeking information material to the
enforcement of State or federal statutes or regulations regarding, but not
limited to, wage and hour protections, workplace safety, or public procurement
and public bidding, including, but not limited to, requests for certified
payrolls or information about all bids submitted in response to a public
procurement process subsequent to the deadline for the submission of all bids
for that solicitation;

���� (6) �any employee, agent,
contractor, or affiliates of any entity identified in paragraphs (1) through
(5) of this definition in this section; or

���� (7) �any non-profit entity,
including organizations or individuals qualified for exemption from federal
taxation pursuant to section 501(c)(3) of the federal Internal Revenue Code, 26
U.S.C. s.501(c)(3) and section 501(c)(4) of the federal Internal Revenue Code,
26 U.S.C. s.501(c)(4), when the entity does not sell, resell, solicit, rent, or
lease a government record to an unaffiliated third party in a way in which the
entity expects a fee.

���� "Constituent" means
any State resident or other person communicating with a member of the
Legislature.

���� "Criminal investigatory
record" means a record which is not required by law to be made, maintained
or kept on file that is held by a law enforcement agency which pertains to any
criminal investigation or related civil enforcement proceeding.

���� "Custodian of a
government record" or "custodian" means in the case of a
municipality, the municipal clerk and in the case of any other public agency,
the officer officially designated by formal action of that agency's director or
governing body, as the case may be.

���� "Government record"
or "record" means any paper, written or printed book, document,
drawing, map, plan, photograph, microfilm, data processed or image processed
document, information stored or maintained electronically or by sound-recording
or in a similar device, or any copy thereof, that has been made, maintained or
kept on file in the course of his or its official business by any officer,
commission, agency or authority of the State or of any political subdivision
thereof, including subordinate boards thereof, or that has been received in the
course of his or its official business by any such officer, commission, agency,
or authority of the State or of any political subdivision thereof, including
subordinate boards thereof.� The terms shall not include inter-agency or
intra-agency advisory, consultative, or deliberative material

���� "Labor organization"
means any organization which exists and is constituted for the purpose, in
whole or in part, of collective bargaining, of dealing with employers
concerning grievances, terms or conditions of employment, or of other mutual aid
or protection in connection with employment.

���� A government record shall not
include the following information which is deemed to be confidential for the
purposes of P.L.1963, c.73 (C.47:1A-1 et seq.) as amended and supplemented:

���� information received by a
member of the Legislature from a constituent or information held by a member of
the Legislature concerning a constituent, including, but not limited to,
information in written form or contained in any e-mail or computer data base,
or in any telephone record whatsoever, unless it is information the constituent
is required by law to transmit;

���� any memorandum,
correspondence, notes, report or other communication prepared by, or for, the
specific use of a member of the Legislature in the course of the member's
official duties, except that this provision shall not apply to an otherwise
publicly-accessible report which is required by law to be submitted to the
Legislature or its members;

���� any copy, reproduction or
facsimile of any photograph, negative or print, including instant photographs
and videotapes of the body, or any portion of the body, of a deceased person,
taken by or for the medical examiner at the scene of death or in the course of
a post mortem examination or autopsy made by or caused to be made by the
medical examiner except for use by a legal next of kin, a legal representative,
or an attending physician of the deceased person, for use as a court of this
State permits, or for use by any law enforcement agency in this State or any
other state or federal law enforcement agency;

���� criminal investigatory
records;
except that the registered owner of a motor vehicle shall have
access to photographs or video from a law enforcement officer�s mobile video
recording system depicting an alleged violation of Title 39 of the Revised
Statutes pursuant to section 2 of P.L.��� , c.��� (C.������� ) (pending before
the Legislature as this bill);

���� the portion of any criminal
record concerning a person's detection, apprehension, arrest, detention, trial
or disposition for unlawful manufacturing, distributing, or dispensing, or
possessing or having under control with intent to manufacture, distribute, or
dispense, marijuana or hashish in violation of paragraph (11) of subsection b.
of N.J.S.2C:35-5, or a lesser amount of marijuana or hashish in violation of
paragraph (12) of subsection b. of that section, or a violation of either of
those paragraphs and a violation of subsection a. of section 1 of P.L.1987,
c.101 (C.2C:35-7) or subsection a. of section 1 of P.L.1997, c.327
(C.2C:35-7.1) for distributing, dispensing, or possessing, or having under
control with intent to distribute or dispense, on or within 1,000 feet of any
school property, or on or within 500 feet of the real property comprising a
public housing facility, public park, or public building, or for obtaining,
possessing, using, being under the influence of, or failing to make lawful disposition
of marijuana or hashish in violation of paragraph (3) or (4) of subsection a.,
or subsection b., or subsection c. of N.J.S.2C:35-10, or for a violation of any
of those provisions and a violation of N.J.S.2C:36-2 for using or possessing
with intent to use drug paraphernalia with that marijuana or hashish;

���� victims' records, except that
a victim of a crime shall have access to the victim's own records;

���� any written request by a crime
victim for a record to which the victim is entitled to access as provided in
this section, including, but not limited to, any law enforcement agency report,
domestic violence offense report, and temporary or permanent restraining order;

���� personal firearms records,
except for use by any person authorized by law to have access to these records
or for use by any government agency, including any court or law enforcement
agency, for purposes of the administration of justice;

���� personal identifying
information received by the Division of Fish and Wildlife in the Department of
Environmental Protection in connection with the issuance of any license
authorizing hunting with a firearm;

���� trade secrets and proprietary
commercial or financial information obtained from any source.� For the purposes
of this paragraph, trade secrets shall include software, applications, and code
obtained by a public body under a licensing agreement which prohibits its
disclosure;

���� any record within the
attorney-client privilege.� This paragraph shall not be construed as exempting
from access attorney or consultant bills or invoices except that such bills or
invoices may be redacted to remove any information protected by the attorney-client
privilege;

���� administrative or technical
information regarding computer hardware, tablets, telephones, electronic
computing devices, software applications, and networks or devices which operate
on or as a part of a computer network or related technologies within the same,
which shall include system logs, event logs, transaction logs, tracing logs, or
any logs which are reasonably construed to be similar to the same and generated
by the devices or servers covered within this paragraph, which, if disclosed,
could jeopardize computer security, or related technologies;

���� emergency or security
information or procedures for any buildings or facility which, if disclosed,
would jeopardize security of the building or facility or persons therein;

���� security measures and
surveillance techniques which, if disclosed, would create a risk to the safety
of persons, property, electronic data or software;

���� security alarm system activity
and access reports, including video footage, for any public building, facility,
or grounds unless the request identifies a specific incident that occurred, or
a specific date and limited time period at a particular public building,
facility, or grounds, and is deemed not to compromise the integrity of the
security system by revealing capabilities and vulnerabilities of the system;

���� information which, if
disclosed, would give an advantage to competitors or bidders, including
detailed or itemized cost estimates prior to bid opening;

���� information generated by or on
behalf of public employers or public employees in connection with any sexual
harassment complaint filed with a public employer or with any grievance filed
by or against an individual or in connection with collective negotiations,
including documents and statements of strategy or negotiating position;

���� information which is a
communication between a public agency and its insurance carrier, administrative
service organization or risk management office;

���� information which is to be
kept confidential pursuant to court order;

���� any copy of form DD-214,
NGB-22, or that form, issued by the United States Government, or any other
certificate of honorable discharge, or copy thereof, from active service or the
reserves of a branch of the Armed Forces of the United States, or from service
in the organized militia of the State, that has been filed by an individual
with a public agency, except that a veteran or the veteran's spouse or
surviving spouse shall have access to the veteran's own records;

���� any copy of an oath of
allegiance, oath of office or any affirmation taken upon assuming the duties of
any public office, or that oath or affirmation, taken by a current or former
officer or employee in any public office or position in this State or in any
county or municipality of this State, including members of the Legislative
Branch, Executive Branch, Judicial Branch, and all law enforcement entities,
except that the full name, title, and oath date of that person contained
therein shall not be deemed confidential;

���� that portion of any document
which discloses the social security number, credit card number, debit card
number, bank account information, month and day of birth, any personal email
address required by a public agency for government applications, services, or
programs, any telephone number or driver license number of any person, or, in
accordance with section 2 of P.L.2021, c.371 (C.47:1B-2), that portion of any
document which discloses the home address, whether a primary or secondary
residence, of any active, formerly active, or retired judicial officer, law
enforcement officer, child protective investigator in the Division of Child
Protection and Permanency, or prosecutor, or, as defined in section 1 of
P.L.2021, c.371 (C.47:1B-1), any immediate family member thereof; except for
use by any government agency, including any court or law enforcement agency, in
carrying out its functions, or any private person or entity acting on behalf
thereof, or any private person or entity seeking to enforce payment of court-ordered
child support; except with respect to the disclosure of driver information by
the New Jersey Motor Vehicle Commission as permitted by section 2 of P.L.1997,
c.188 (C.39:2-3.4); except with respect to the disclosure of information
included in records and documents maintained by the Department of the Treasury
in connection with the State's business registry programs;� and except that a
social security number contained in a record required by law to be made,
maintained or kept on file by a public agency shall be disclosed when access to
the document or disclosure of that information is not otherwise prohibited by
State or federal law, regulation or order or by State statute, resolution of
either or both houses of the Legislature, Executive Order of the Governor, rule
of court or regulation promulgated under the authority of any statute or
executive order of the Governor;

���� that portion of any document
that discloses the personal identifying information of any person provided to a
public agency for the sole purpose of receiving official notifications;

���� a list of persons identifying
themselves as being in need of special assistance in the event of an emergency
maintained by a municipality for public safety purposes pursuant to section 1
of P.L.2017, c.266 (C.40:48-2.67) and their personal identifying information;

���� a list of persons identifying
themselves as being in need of special assistance in the event of an emergency
maintained by a county for public safety purposes pursuant to section 6 of
P.L.2011, c.178 (C.App.A:9-43.13) and their personal identifying information;

���� that portion of any document
that requires and would disclose personal identifying information of persons
under the age of 18 years, except with respect to the disclosure of driver
information by the New Jersey Motor Vehicle Commission as permitted by section
2 of P.L.1997, c.188 (C.39:2-3.4) or the disclosure of driver information to
any insurer or insurance support organization, or a self-insured entity, or its
agents, employees, or contractors, for use in connection with claims
investigation activities, antifraud activities, rating, or underwriting, and
except with respect to the disclosure of voter information on voter and
election records pursuant to section 8 of P.L.2024, c.16 (C.47:1A-5.3);

���� personal identifying
information disclosed on domestic animal permits, licenses, and registration;

���� structured reference data that
helps to sort and identify attributes of the information it describes, referred
to as metadata, or any extrapolation or compilation thereof, which shall
include the SMTP header properties of emails, except that portion that
identifies authorship, identity of editor, and time of change;

���� New Jersey State Firemen's
Association financial relief applications;

���� owner and maintenance manuals;

���� data classified under the
"Health Insurance Portability and Accountability Act of 1996,"
Pub.L.104-191; and

���� any indecent or graphic images
of a person's intimate parts, as defined in section 10 of P.L.2024, c.16
(C.47:1A-5.2), that are captured in a photograph or video recording without the
prior written consent of the subject of the photograph or video footage, as
defined in section 10 of P.L.2024, c.16 (C.47:1A-5.2).

���� A government record shall not
include, with regard to any public institution of higher education, the
following information which is deemed to be privileged and confidential:

���� pedagogical, scholarly and/or
academic research records and/or the specific details of any research project
conducted under the auspices of a public higher education institution in New
Jersey, including, but not limited to, research, development information,
testing procedures, or information regarding test participants, related to the
development or testing of any pharmaceutical or pharmaceutical delivery system,
except that a custodian may not deny inspection of a government record or part
thereof that gives the name, title, expenditures, source and amounts of funding
and date when the final project summary of any research will be available;

���� test questions, scoring keys
and other examination data pertaining to the administration of an examination
for employment or academic examination;

���� records of pursuit of
charitable contributions or records containing the identity of a donor of a
gift if the donor requires non-disclosure of the donor's identity as a
condition of making the gift provided that the donor has not received any
benefits of or from the institution of higher education in connection with such
gift other than a request for memorialization or dedication;

���� valuable or rare collections
of books or documents obtained by gift, grant, bequest or devise conditioned
upon limited public access;

���� information contained on
individual admission applications; and

���� information concerning student
records or grievance or disciplinary proceedings against a student to the
extent disclosure would reveal the identity of the student.

���� Nothing in this section shall
be construed to limit the requirements to provide and make publicly available
the information pursuant to section 5 of P.L.1963, c.150 (C.34:11-56.29) and
section 5 of P.L.1999, c.238 (C.34:11-56.52).

���� "Judicial officer"
means any active, formerly active, or retired federal, state, county, or
municipal judge, including a judge of the Tax Court and any other court of
limited jurisdiction established, altered, or abolished by law, a judge of the
Office of Administrative Law, a judge of the Division of Workers' Compensation,
and any other judge established by law who serves in the executive branch.

���� "Law enforcement
agency" means a public agency, or part thereof, determined by the Attorney
General to have law enforcement responsibilities.

���� "Law enforcement
officer" means a person whose public duties include the power to act as an
officer for the detection, apprehension, arrest, and conviction of offenders
against the laws of this State.

���� "Member of the
Legislature" means any person elected or selected to serve in the New
Jersey Senate or General Assembly.

���� "Personal firearms
record" means any information contained in a background investigation
conducted by the chief of police, the county prosecutor, or the Superintendent
of State Police, of any applicant for a permit to purchase a handgun, firearms
identification card license, or firearms registration; any application for a
permit to purchase a handgun, firearms identification card license, or firearms
registration; any document reflecting the issuance or denial of a permit to
purchase a handgun, firearms identification card license, or firearms
registration; and any permit to purchase a handgun, firearms identification
card license, or any firearms license, certification, certificate, form of
register, or registration statement.� For the purposes of this paragraph,
information contained in a background investigation shall include, but not be
limited to, identity, name, address, social security number, telephone number,
fax number, driver's license number, email address, or social media address of
any applicant, licensee, registrant, or permit holder.

���� "Public agency" or
"agency" means any of the principal departments in the Executive
Branch of State Government, and any division, board, bureau, office, commission
or other instrumentality within or created by such department; the Legislature
of the State and any office, board, bureau or commission within or created by
the Legislative Branch; and any independent State authority, commission,
instrumentality or agency.� The terms also mean any political subdivision of
the State or combination of political subdivisions, and any division, board,
bureau, office, commission or other instrumentality within or created by a
political subdivision of the State or combination of political subdivisions,
and any independent authority, commission, instrumentality or agency created by
a political subdivision or combination of political subdivisions.

���� "Victim of a crime"
means a person who has suffered personal or psychological injury or death or
incurs loss of or injury to personal or real property as a result of a crime,
or if such a person is deceased or incapacitated, a member of that person's
immediate family.

���� "Victim's record"
means an individually identifiable file or document held by a victims' rights
agency which pertains directly to a victim of a crime except that a victim of a
crime shall have access to the victim's own records.

���� "Victims' rights
agency" means a public agency, or part thereof, the primary responsibility
of which is providing services, including, but not limited to, food, shelter,
or clothing, medical, psychiatric, psychological or legal services or referrals,
information and referral services, counseling and support services, or
financial services to victims of crimes, including victims of sexual assault,
domestic violence, violent crime, child endangerment, child abuse or child
neglect, and the Victims of Crime Compensation Board, established pursuant to
P.L.1971, c.317 (C.52:4B-1 et seq.) and continued as the Victims of Crime
Compensation Office pursuant to P.L.2007, c.95 (C.52:4B-3.2 et al.) and
Reorganization Plan No. 001-2008.

���� As used in this section,
"personal identifying information" means information that may be
used, alone or in conjunction with any other information, to identify a
specific individual.� Personal identifying information shall include, but shall
not be limited to, the following data elements: name, social security number,
credit card number, debit card number, bank account information, month and day
of birth, any personal email address required by a public agency for government
applications, services, or programs, personal telephone number, the street
address portion of any person's primary or secondary home address, or driver
license number of any person.� "Personal identifying information"
shall not include any street address, mailing address, email address, or
telephone number of a public agency.� "Personal identifying
information" shall not include the email address of a governmental affairs
agent.

(cf: P.L.2024, c.16, s.1)

���� 6.��� (New section) The
provisions of P.L.��� , c.��� (C.������� ) (pending before the Legislature as
this bill) shall preempt any law, ordinance, resolution, or regulation adopted
by the governing body of a county or municipality authorizing a law enforcement
officer to engage in any conduct that is prohibited under P.L.��� , c.���
(C.������� ) (pending before the Legislature as this bill) or is otherwise
inconsistent with the provisions of this act.

���� 7.��� (New section) Nothing in
P.L.��� , c.��� (C.������� ) (pending before the Legislature as this bill) or
Title 39 of the Revised Statutes shall be construed to preempt or prohibit any
law, ordinance, resolution, or regulation from being adopted by the governing
body of a county or municipality that imposes restrictions in addition to those
set forth under the provisions of P.L.��� , c.��� (C.������� ) (pending before
the Legislature as this bill) on the role of law enforcement officers in the
enforcement of violations of Title 39 of the Revised Statutes, including, but
not limited to assigning the enforcement of violations of Title 39 of the
Revised Statutes to local officials or personnel rather than law enforcement
officers or imposing additional limitations on the actions of law enforcement
officers during a motor vehicle stop for a violation of Title 39 of the Revised
Statutes.

���� 8.��� This act shall take
effect on the first day of the seventh month after the date of enactment.

STATEMENT

���� This bill concerns motor
vehicle stops by law enforcement officers.

���� Specifically, under the
provisions of this bill, a State, county, or municipal law enforcement officer
is prohibited from initiating a motor vehicle stop solely for a violation of
Title 39 of the Revised Statutes with exceptions for certain violations of
Title 39 of the Revised Statutes which pose a risk to public safety.� Instead,
the law enforcement officer may issue a citation for a violation of Title 39 of
the Revised Statutes observed by the law enforcement officer by first class
mail to the registered owner of the motor vehicle on a form prescribed by the
Administrative Director of the Courts.�

���� The bill provides that any
photographs or video from a law enforcement officer�s mobile video recording
system depicting the alleged violation are to be made available to the
registered owner of the motor vehicle.�

���� If a citation is issued, the
citation is required to be issued and sent by the law enforcement agency to the
registered owner of the motor vehicle within seven days from the date on which
the alleged violation occurred.� In addition, photographs of the alleged
violation and information regarding how to access video of the alleged
violation also are required to be sent with the citation.

���� Under the bill, law
enforcement officers may initiate a motor vehicle stop for the following motor
vehicle violations: 1) racing on a highway; 2) improper passing on right or off
the roadway; 3) improper passing in a no passing zone; 4) tailgating; 5) reckless
driving; 6) use of a handheld cellphone or electronic communication device
while driving; 7) speeding when the driver exceeds the posted speed limit by 30
miles per hour or more; 8) leaving the scene of an accident; and 9) driving
while intoxicated.

���� In addition, the bill provides
that a law enforcement officer may initiate a motor vehicle stop following an
observed motor vehicle violation if: 1) there is a risk to public safety; 2)
there is an outstanding warrant for the arrest of the registered owner of the
motor vehicle or the law enforcement officer has reasonable cause to believe
the driver of the motor vehicle has committed a crime; or 3) the motor vehicle
matches the description of a motor vehicle that a law enforcement officer has
reasonable cause to believe is involved in a kidnapping, human trafficking, or
any other crime for which failure to immediately apprehend the suspect is
reasonably likely to result in death or serious bodily injury to a person other
than the suspect.� The provisions of the bill define �risk to public safety.�

���� Further, under the bill, there
is a rebuttable presumption that the registered owner of the vehicle which was
involved in a violation of Title 39 of the Revised Statutes was the person who
committed the violation, with the exception of certain offenses as provided in
the bill.

���� The bill also provides that a
registered owner of a motor vehicle who receives a citation by mail under the
bill�s provisions, but was not the person who committed the violation is to be
permitted to contest it electronically or by remote access, rather than
requiring the owner to appear in court.� The Administrative Director of the
Courts is required to develop and implement a system that allows for this and
is required to adopt guidelines, which are to include the types of proof that
the registered owner of the motor vehicle may submit to the court to rebut the
presumption that the registered owner of the motor vehicle involved in the
violation was the person who committed the violation.

���� In addition, after initiating
a motor vehicle stop for a violation of Title 39 of the Revised Statutes, a
State, county, or municipal law enforcement officer is prohibited from asking
an operator or occupant of a motor vehicle for consent to search the motor
vehicle, the contents of the motor vehicle, or the person of the operator or
occupant unless the law enforcement officer has reasonable, articulable
suspicion that criminal behavior, other than a violation of Title 39 of the
Revised Statutes, was occurring or was about to occur.

���� The bill also provides that
the odor of cannabis, either burned or raw, by itself, does not establish
probable cause for a State, county, or municipal law enforcement officer to
search a motor vehicle or the operator or occupants of a motor vehicle.�

���� Under the bill, after
initiating a motor vehicle stop, a State, county, or municipal law enforcement
officer is not to use a drug-detection canine, unless the law enforcement
officer has reasonable suspicion to believe that there is a controlled dangerous
substance or controlled substance analog, other than marijuana or cannabis, in
the motor vehicle or on the person of the operator or occupant of the motor
vehicle.

���� Under current law, the Office
of Law Enforcement Professional Standards is required to prepare semi-annual
reports on State Police traffic enforcement activities and procedures.� This
bill requires the reports to also include aggregate statistics on the number of
citations issued by mail by the State Police for a violation of Title 39 of the
Revised Statutes and the number of motor vehicles stops that are initiated by
the State Police due to the exceptions provided under the bill.

���� Finally, the bill provides the
provisions of the bill are to preempt any law, ordinance, resolution or
regulation adopted by the governing body of a county or municipality
authorizing a law enforcement officer to engage in any conduct that is
prohibited under the bill or otherwise inconsistent with the bill�s
provisions.�

���� The bill also provides that
nothing in the bill�s provisions or Title 39 of the Revised Statutes is to be
construed to preempt or prohibit any law, ordinance, resolution, or regulation
from being adopted by the governing body of a county or municipality that
imposes restrictions in addition to those set forth under the bill on the role
of law enforcement officers in the enforcement of violations of Title 39 of the
Revised Statutes, including, but not limited to assigning the enforcement of
violations of Title 39 of the Revised Statutes to local officials or personnel
rather than law enforcement officers or imposing additional limitations on the
actions of law enforcement officers during a motor vehicle stop for a violation
of Title 39 of the Revised Statutes.

���� According to the sponsor,
contactless policing would be beneficial to the community and law enforcement
officers.� It would allow law enforcement officers to police crime and not
people.� Contactless policing would result in the elimination of millions of
motor vehicle stops each year.� As the average police stop takes up to 15
minutes, this would free up a law enforcement officer�s time to police crime
and engage in community policing.�

���� For example, law enforcement
officers now know if a driver�s registration and insurance are valid before
initiating a motor vehicle stop by performing a simple registration check.� As
a result, it would not be necessary for a law enforcement officer to initiate a
motor vehicle stop in order to issue a citation, but rather the search would
reveal the infraction and the officer would be able to issue a citation by mail
without initiating an interaction with the driver.�� The intent of this is to
reduce the loss of all lives at the hands of law enforcement officers by using
technology to reduce pretextual stops, during which a driver is detained for a
minor infraction while law enforcement seek evidence of a more serious crime.�

���� According to the sponsor,
community policing creates opportunities for interaction between community
members and law enforcement officers, not only in the context of an officer
responding to a crime.� This results in more interaction in general, but more
importantly, more positive interaction.� Effective community policing requires
altering a law enforcement department�s policies, practices, and guiding
philosophies.

���� According to the sponsor, in
analyzing police data of motor vehicle stops, multiple studies have found
support for the �veil of darkness� theory: as the sun sets and it becomes more
difficult to determine the race of the driver, the percentage of black drivers
stopped by law enforcement officers for motor vehicle violations decreases
significantly, with a 10 to 15 percent decrease in many jurisdictions.� Often,
these motor vehicle stops of black drivers are pretextual. Sandra Bland was
stopped for failing to signal a turn.� Philando Castile was stopped because his
brake light was out, the last of his 52 stops by police.� Eric Garner was
stopped for selling loose cigarettes.� Duante Wright was stopped for expired
tags.��

���� None of these individuals
survived their encounters with law enforcement.� This disproportionate
targeting of black drivers by the police is the State action that the
Fourteenth Amendment to the United States Constitution was adopted to address.