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A4290
ASSEMBLY, No. 4290
STATE OF NEW JERSEY
222nd LEGISLATURE
�
INTRODUCED FEBRUARY 19, 2026
Sponsored by:
Assemblywoman� SHANIQUE SPEIGHT
District 29 (Essex and Hudson)
SYNOPSIS
���� Establishes right to record law enforcement activity
under certain circumstances.
CURRENT VERSION OF TEXT
���� As introduced.
��
An Act
concerning recording of law enforcement activity and
supplementing chapter 14 of Title 40A of the New Jersey Statutes.
����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:
���� 1.��� This act shall be known
and may be cited as the "New Jerseyans� Right to Monitor Act."
���� 2.��� a.� For purposes of this
section:�
���� "Law enforcement
activity" means any activity of a law enforcement officer acting in the
performance of the officer's duties.
���� "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.
���� "Record" means to
capture or attempt to capture any moving or still image, sound, or impression
through the use of any recording device, camera, or other device capable of
capturing audio, moving or still images, or by way of written notes or observations.
���� b.��� A person who is not
under arrest or in the custody of a law enforcement officer has the right to
record law enforcement activity and to maintain custody and control of that
recording and any property, instruments, or equipment used by the person to
record law enforcement activities.� A person under arrest or in custody shall
not, based solely on that status, forfeit the right to have a recording,
property, instrument, or equipment maintained and returned.� ����
���� c.���� Nothing in this section
shall be construed to permit a person to engage in actions that physically
interfere with law enforcement activity or otherwise constitute the crime of obstructing
administration of law or other governmental function� pursuant to
N.J.S.2C:29-1.�
���� d.��� A claim of unlawful
interference with recording law enforcement activity shall be established
pursuant to this section if the person exercised or attempted to exercise the
right to record law enforcement activity and the law enforcement officer
commits an act that interferes with that person, including, but not limited
to:�
���� (1)�� intentionally preventing
or attempting to prevent that person from recording law enforcement activity;
���� (2)�� threatening that person
for recording law enforcement activity;
���� (3)�� commanding the person
cease recording law enforcement activity when the person was authorized by law
to record;
���� (4)�� stopping, seizing,
searching, ticketing, or arresting that person because the person recorded law
enforcement activity; or
���� (5)�� unlawfully seizing
property, instruments, or equipment used by that person to record a law
enforcement activity, unlawfully destroying or seizing a recorded image of law
enforcement activity, or copying a recording of law enforcement activity
without consent of the person who recorded it or approval from an appropriate
court.
���� e.���� It shall be an
affirmative defense to a civil action under paragraphs (1), (3), and (5) of
subsection d. of this section that at the time of the conduct of the law
enforcement officer, the officer had probable cause to arrest the person
recording the law enforcement activity for obstructing administration of law or
other governmental function pursuant to N.J.S.2C:29-1.
���� f.���� A person subject to
unlawful interference with recording law enforcement activity may bring an
action for any violation of this section in any court of competent jurisdiction
for damages, including punitive damages, declaratory and injunctive relief, or other
remedy the court may deem appropriate.
���� g.��� In any action or
proceeding brought pursuant to this section, the court may allow a prevailing
plaintiff reasonable attorney's fees and expert fees, in addition to any other
costs which may be recovered.
���� h.��� Any action or proceeding
brought pursuant to this section shall be commenced no later than three years
after the date on which the violation is committed.
���� i����� The right to record law
enforcement activity established in this� section shall be in addition to all
rights, procedures, and remedies available under the United States
Constitution; 42 U.S.C. s.1983; the Constitution of the State of New Jersey;
other federal, State, or local law; administrative law; or other civil
remedies, including monetary damages, created by statute, ordinance,
regulation, or common law.
���� 3.��� This act shall take
effect immediately.�
STATEMENT
���� This bill, entitled the
"New Jerseyans� Right to Monitor Act,� authorizes this State�s citizens to
record the activities of law enforcement officers.
���� Specifically, a person who is
not under arrest or in the custody of a law enforcement officer is accorded the
right to record law enforcement activity.� The bill defines "law
enforcement activity" as� any activity of a law enforcement officer acting
in the performance of the officer's duties.� Under the bill, the person also
has the right to maintain custody and control of the recording, as well as any
property, instruments, or equipment used to record the activity.� But the bill
specifically prohibits anyone from engaging in actions that physically
interfere with law enforcement activity or obstruct the administration of law
or another governmental function.�
���� A claim of unlawful
interference with recording a law enforcement activity is established pursuant
to the bill�s provisions if a person exercised or attempted to exercise the
right to record law enforcement activity and a law enforcement officer commits an
act that interferes with the person.� Those acts include intentionally
preventing or attempting to prevent that person from recording law enforcement
activity; threatening the person for recording law enforcement activity;
commanding that the person cease recording law enforcement activity when the
person was authorized under law to record; stopping, seizing, searching,
ticketing, or arresting the person for recording law enforcement activity; or
unlawfully seizing property, instruments, or equipment used by the person to
record law enforcement activity, unlawfully destroying or seizing a recorded
image of law enforcement activity, or copying a recording of law enforcement
activity without the consent of the person who recorded it or approval from the
court.�
���� The bill establishes an
affirmative defense under certain circumstances to a civil action if the law
enforcement officer had probable cause to arrest the person recording the law
enforcement activity for obstructing administration of law or other
governmental function.
���� An action for a violation of
the bill�s provisions may be brought in any court of competent jurisdiction for
damages, including punitive damages, declaratory and injunctive relief, and any
other remedy the court may deem appropriate.� The court may allow a prevailing
plaintiff reasonable attorney's and expert fees, in addition to any other costs
which may be recovered.�
���� This bill is modelled on a
recently enacted New York State law that affirms the right to record law
enforcement activity and maintain custody of the recording and related
equipment.