Prohibits disclosure of certain information of probation officers.

S3531

SENATE, No. 3531

STATE OF NEW JERSEY

222nd LEGISLATURE

�

INTRODUCED FEBRUARY 19, 2026

Sponsored by:

Senator� LINDA R. GREENSTEIN

District 14 (Mercer and Middlesex)

SYNOPSIS

���� Prohibits disclosure of certain information of
probation officers.

CURRENT VERSION OF TEXT

���� As introduced.

��

An Act
prohibiting disclosure of certain information regarding
probation officers under certain circumstances, and amending various parts of
statutory law.

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

���� 1.��� 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.

���� "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.

���� 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:

���� when used in a criminal action
or proceeding in this State which relates to the death of that person,

���� for the use as a court of this
State permits, by order after good cause has been shown and after written
notification of the request for the court order has been served at least five
days before the order is made upon the county prosecutor for the county in
which the post mortem examination or autopsy occurred,

���� for use in the field of
forensic pathology or for use in medical or scientific education or research,
or

���� for use by any law enforcement
agency in this State or any other state or federal law enforcement agency;

���� criminal investigatory
records;

���� 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.� For the purposes of this paragraph,
personal identifying information 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 or licensee;

���� trade secrets and proprietary
commercial or financial information obtained from any source.� For the purposes
of this paragraph, trade secrets shall include data processing software
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, software and networks which, if
disclosed, would jeopardize computer security;

���� 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;

���� information which, if
disclosed, would give an advantage to competitors or bidders;

���� 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, unlisted
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, prosecutor,
[
or
]
law
enforcement officer,
or probation officer,
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); 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;

���� 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

���� 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).

���� 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.

���� "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, phone number, fax
number, driver's license number, email address, 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.

����
�Probation officer�
means a person whose public duties include the supervision of persons convicted
or charged with crimes and offense in this State, as defined by law or contract
between the Judiciary and the Probation Association of New Jersey or its successor
and shall include, but not limited to those employees who are in the following
titles referred to in those contracts: Probation Officer, Senior Probation
Officer, Master Probation Officer, Substance Abuse Evaluator, Family Court
Coordinator, Assistant Child Placement Review Coordinator, or Bilingual
Community Outreach Worker.� The term also shall include all titles covered by
Appendix A of the Professional Supervisory Union Agreement between Judiciary
and the Probation Association of New Jersey, including but not limited to the
informal title of Team Leader, Court Service Supervisor 1, Court Service
Supervisor 2, and Court Service Supervisor 3.

���� "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.

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

���� "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.

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

���� "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.

���� "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.

���� "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.

���� "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.

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

���� 2.��� Section 6 of P.L.2001,
c.404 (C.47:1A-5) is amended to read as follows:

���� 6.��� a.� The custodian of a
government record shall permit the record to be inspected, examined, and copied
by any person during regular business hours; or in the case of a municipality
having a population of 5,000 or fewer according to the most recent federal
decennial census, a board of education having a total district enrollment of
500 or fewer, or a public authority having less than $10 million in assets,
during not less than six regular business hours over not less than three
business days per week or the entity's regularly-scheduled business hours,
whichever is less; unless a government record is exempt from public access by:
P.L.1963, c.73 (C.47:1A-1 et seq.) as amended and supplemented; any other
statute; resolution of either or both houses of the Legislature; regulation
promulgated under the authority of any statute or Executive Order of the
Governor; Executive Order of the Governor; Rules of Court; any federal law;
federal regulation; or federal order. Prior to allowing access to any
government record, the custodian thereof shall redact from that record any
information which discloses the social security number, credit card number,
unlisted 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), the home address,
whether a primary or secondary residence, of any active, formerly active, or
retired judicial officer, prosecutor,
[
or
]
law
enforcement officer,
or probation officer,
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); 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.� Except where an agency can demonstrate an emergent need, a
regulation that limits access to government records shall not be retroactive in
effect or applied to deny a request for access to a government record that is
pending before the agency, the council or a court at the time of the adoption
of the regulation.

���� b.��� (1)� A copy or copies of
a government record may be purchased by any person upon payment of the fee
prescribed by law or regulation.� Except as otherwise provided by law or
regulation and except as provided in paragraph (2) of this subsection, the fee
assessed for the duplication of a government record embodied in the form of
printed matter shall be $0.05 per letter size page or smaller, and $0.07 per
legal size page or larger.� If a public agency can demonstrate that its actual
costs for duplication of a government record exceed the foregoing rates, the
public agency shall be permitted to charge the actual cost of duplicating the
record.� The actual cost of duplicating the record, upon which all copy fees
are based, shall be the cost of materials and supplies used to make a copy of
the record, but shall not include the cost of labor or other overhead expenses
associated with making the copy except as provided for in subsection c. of this
section.� Access to electronic records and non-printed materials shall be
provided free of charge, but the public agency may charge for the actual costs
of any needed supplies such as computer discs.

���� (2)�� No fee shall be charged
to a victim of a crime for a copy or copies of a record to which the crime
victim is entitled to access, as provided in section 1 of P.L.1995, c.23
(C.47:1A-1.1).

���� c.���� Whenever the nature,
format, manner of collation, or volume of a government record embodied in the
form of printed matter to be inspected, examined, or copied pursuant to this
section is such that the record cannot be reproduced by ordinary document copying
equipment in ordinary business size or involves an extraordinary expenditure of
time and effort to accommodate the request, the public agency may charge, in
addition to the actual cost of duplicating the record, a special service charge
that shall be reasonable and shall be based upon the actual direct cost of
providing the copy or copies; provided, however, that in the case of a
municipality, rates for the duplication of particular records when the actual
cost of copying exceeds the foregoing rates shall be established in advance by
ordinance.� The requestor shall have the opportunity to review and object to
the charge prior to it being incurred.

���� d.��� A custodian shall permit
access to a government record and provide a copy thereof in the medium
requested if the public agency maintains the record in that medium.� If the
public agency does not maintain the record in the medium requested, the
custodian shall either convert the record to the medium requested or provide a
copy in some other meaningful medium.� If a request is for a record: (1) in a
medium not routinely used by the agency; (2) not routinely developed or
maintained by an agency; or (3) requiring a substantial amount of manipulation
or programming of information technology, the agency may charge, in addition to
the actual cost of duplication, a special charge that shall be reasonable and
shall be based on the cost for any extensive use of information technology, or
for the labor cost of personnel providing the service, that is actually
incurred by the agency or attributable to the agency for the programming,
clerical, and supervisory assistance required, or both.

���� e.���� Immediate access
ordinarily shall be granted to budgets, bills, vouchers, contracts, including
collective negotiations agreements and individual employment contracts, and
public employee salary and overtime information.

���� f.���� The custodian of a
public agency shall adopt a form for the use of any person who requests access
to a government record held or controlled by the public agency.� The form shall
provide space for the name, address, and phone number of the requestor and a
brief description of the government record sought.� The form shall include
space for the custodian to indicate which record will be made available, when
the record will be available, and the fees to be charged.� The form shall also
include the following: (1) specific directions and procedures for requesting a
record; (2) a statement as to whether prepayment of fees or a deposit is
required; (3) the time period within which the public agency is required by
P.L.1963, c.73 (C.47:1A-1 et seq.) as amended and supplemented, to make the
record available; (4) a statement of the requestor's right to challenge a
decision by the public agency to deny access and the procedure for filing an
appeal; (5) space for the custodian to list reasons if a request is denied in
whole or in part; (6) space for the requestor to sign and date the form; (7)
space for the custodian to sign and date the form if the request is fulfilled
or denied.� The custodian may require a deposit against costs for reproducing
documents sought through an anonymous request whenever the custodian
anticipates that the information thus requested will cost in excess of $5 to
reproduce.

���� g.��� A request for access to
a government record shall be in writing and hand-delivered, mailed, transmitted
electronically, or otherwise conveyed to the appropriate custodian.� A
custodian shall promptly comply with a request to inspect, examine, copy, or provide
a copy of a government record.� If the custodian is unable to comply with a
request for access, the custodian shall indicate the specific basis therefor on
the request form and promptly return it to the requestor.� The custodian shall
sign and date the form and provide the requestor with a copy thereof.� If the
custodian of a government record asserts that part of a particular record is
exempt from public access pursuant to P.L.1963, c.73 (C.47:1A-1 et seq.) as
amended and supplemented, the custodian shall delete or excise from a copy of
the record that portion which the custodian asserts is exempt from access and
shall promptly permit access to the remainder of the record.� If the government
record requested is temporarily unavailable because it is in use or in storage,
the custodian shall so advise the requestor and shall make arrangements to
promptly make available a copy of the record.� If a request for access to a
government record would substantially disrupt agency operations, the custodian
may deny access to the record after attempting to reach a reasonable solution
with the requestor that accommodates the interests of the requestor and the
agency.

���� h.��� Any officer or employee
of a public agency who receives a request for access to a government record
shall forward the request to the custodian of the record or direct the
requestor to the custodian of the record.

���� i.���� (1)� Unless a shorter
time period is otherwise provided by statute, regulation, or executive order, a
custodian of a government record shall grant access to a government record or
deny a request for access to a government record as soon as possible, but not
later than seven business days after receiving the request, provided that the
record is currently available and not in storage or archived.� In the event a
custodian fails to respond within seven business days after receiving a
request, the failure to respond shall be deemed a denial of the request, unless
the requestor has elected not to provide a name, address or telephone number,
or other means of contacting the requestor.� If the requestor has elected not
to provide a name, address, or telephone number, or other means of contacting
the requestor, the custodian shall not be required to respond until the
requestor reappears before the custodian seeking a response to the original
request.� If the government record is in storage or archived, the requestor
shall be so advised within seven business days after the custodian receives the
request.� The requestor shall be advised by the custodian when the record can
be made available.� If the record is not made available by that time, access
shall be deemed denied.

���� (2)� During a period declared
pursuant to the laws of this State as a state of emergency, public health
emergency, or state of local disaster emergency, the deadlines by which to
respond to a request for, or grant or deny access to, a government record under
paragraph (1) of this subsection or subsection e. of this section shall not
apply, provided, however, that the custodian of a government record shall make
a reasonable effort, as the circumstances permit, to respond to a request for
access to a government record within seven business days or as soon as possible
thereafter.

���� j.���� A custodian shall post
prominently in public view in the part or parts of the office or offices of the
custodian that are open to or frequented by the public a statement that sets
forth in clear, concise and specific terms the right to appeal a denial of, or
failure to provide, access to a government record by any person for inspection,
examination, or copying or for purchase of copies thereof and the procedure by
which an appeal may be filed.

���� k.� The files maintained by
the Office of the Public Defender that relate to the handling of any case shall
be considered confidential and shall not be open to inspection by any person
unless authorized by law, court order, or the State Public Defender.

(cf: P.L.2024, c.16, s.2)

���� 3.��� Section 1 of P.L.2021,
c.371 (C.47:1B-1) is amended to read as follows:

���� 1.��� a.� As used in this act,
P.L.2021, c.371 (C.47:1B-1 et al.):

���� "Authorized person"
means a covered person or any of the following persons hereby authorized to
submit or revoke a request for the redaction or nondisclosure of a home address
on behalf of a covered person:

���� (1)�� on behalf of any federal
judge, a designee of the United States Marshals Service or of the clerk of any
United States District Court, provided that the designee submits the
affirmation required under subsection d. of section 2 of P.L.2021, c.371
(C.47:1B-2) signed by each federal judge for whom a request or revocation is
made;

���� (2)�� on behalf of any covered
person who is deceased or medically or psychologically incapacitated, a person
acting on behalf of the covered person as a designated trustee, as an estate
executor, or pursuant to a written power of attorney or other legal instrument,
provided that the person signs and submits the affirmation required under
subsection d. of section 2 of P.L.2021, c.371 (C.47:1B-2) in the stead of the
covered person; and

���� (3)�� on behalf of any
immediate family member who is a minor and who is otherwise entitled to address
redaction or nondisclosure pursuant to this act, the parent or legal guardian
thereof.

���� "Covered person"
means an active, formerly active, or retired judicial officer or law
enforcement officer, as those terms are defined by section 1 of P.L.1995, c.23
(C.47:1A-1.1),
[
or
]
prosecutor
,
or probation officer
and any immediate family member residing in the same
household as the judicial officer, law enforcement officer,
[
or
]
prosecutor
,
or probation officer
.

���� "Immediate family
member" means a spouse, child, or parent of, or any other family member
related by blood or by law to, an active, formerly active, or retired judicial
officer or law enforcement officer, as defined by section 1 of P.L.1995, c.23
(C.47:1A-1.1), or prosecutor and who resides in the same household as the
judicial officer, law enforcement officer, or prosecutor.

���� b.��� There is established in
the Department of Community Affairs an office to be known as the Office of
Information Privacy. The office shall be led by a director, who shall be
appointed by and serve at the pleasure of the Commissioner of Community Affairs
and who may hire staff as necessary.

���� c.���� The director shall
establish:

���� (1)�� a secure portal through
which an authorized person may submit or revoke a request for the redaction or
nondisclosure of a covered person's home address from certain records and
Internet postings, as provided in section 2 of P.L.2021, c.371 (C.47:1B-2); and
such requests shall not be subject to disclosure under P.L.1963, c.73
(C.47:1A-1 et seq.);

���� (2)�� a process by which an
authorized person may petition the director for reconsideration of a denial of
such request or any revocations thereof;

���� (3)�� a process by which a
person or entity may request receipt of a record that does not contain
redactions, or of information that is not disclosable, resulting from
subsection a. of section 2 of P.L.2021, c.371 (C.47:1B-2); and

���� (4)�� a process for the
evaluation of any other exceptions to the requirement for redaction or
nondisclosure pursuant to section 2 of P.L.2021, c.371 (C.47:1B-2), whether
categorical or individualized. The director may grant an exception to any
person or entity for the receipt of the unredacted records or information
pursuant to this process.

���� d.��� The director shall
evaluate and either approve or deny a request submitted pursuant to subsection
c. of this section and any revocations thereof.

���� e.���� (1)� The director may
enter into any agreement or contract necessary to effectuate the purposes of
this act.

���� (2)�� The director may issue
any guidance, guidelines, decisions, or rules and regulations necessary to
effectuate the purposes of this act. The rules and regulations shall be
effective immediately upon filing with the Office of Administrative Law for a
period not to exceed 18 months, and shall, thereafter, be amended, adopted, or
readopted in accordance with the provisions of the "Administrative
Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.).

(cf: P.L.2023, c.113, s.3)

���� 4.��� Section 1 of P.L.2015,
c.226 (C.2C:20-31.1) is amended to read as follows:

���� 1.��� a.� For the purposes of
this section:

���� "Authorized person"
means a covered person or any of the following persons hereby authorized to
submit or revoke a request for the redaction or nondisclosure of a home address
or unpublished telephone number on behalf of a covered person pursuant to
subsection c. of this section:

���� (1)�� on behalf of any federal
judge, a designee of the United States Marshals Service or of the clerk of any
United States District Court;

���� (2)�� on behalf of any covered
person who is deceased or medically or psychologically incapacitated, a person
acting on behalf of the covered person as a designated trustee, as an estate
executor, or pursuant to a written power of attorney or other legal instrument;
and

���� (3)�� on behalf of any
immediate family member who is a minor and who is otherwise entitled to address
redaction or nondisclosure pursuant to this act, P.L.2021, c.371 (C.47:1B-1 et
al.), the parent or legal guardian thereof.

���� "Covered person"
means an active, formerly active, or retired judicial officer or law
enforcement officer, as those terms are defined by section 1 of P.L.1995, c.23
(C.47:1A-1.1),
[
or
]
prosecutor
,
or probation officer
and any immediate family member residing in the same
household as the judicial officer, law enforcement officer, or prosecutor.

���� "Immediate family
member" means a spouse, child, or parent of, or any other family member
related by blood or by law to, an active, formerly active, or retired judicial
officer or law enforcement officer, as those terms are defined by section 1 of
P.L.1995, c.23 (C.47:1A-1.1), or prosecutor and who resides in the same
household as the judicial officer, law enforcement officer, or prosecutor.

���� "Person" shall not
be construed to include in any capacity the custodian of a government record as
defined in section 1 of P.L.1995, c.23 (C.47:1A-1.1).

���� b.� Upon notification pursuant
to subsection c. of this section, and not later than 10 business days after
receipt thereof, a person shall not knowingly, with purpose to expose another
to harassment or risk of harm to life or property, or in reckless disregard of
the probability of such exposure, post, repost, publish, or republish on the
Internet, or otherwise make available, the home address or unpublished home
telephone number of any covered person, except in compliance with any court
order, law enforcement investigation, or request by a government agency or
person duly acting on behalf of the agency.

���� c.� An authorized person, as
defined in subsection a. of this section, seeking to prohibit the disclosure of
the home address or unpublished home telephone number of any covered person
consistent with subsection b. of this section shall provide written notice to
the person from whom they are seeking nondisclosure that they are an authorized
person and requesting that such person cease the disclosure of such information
and remove the protected information from the Internet or where otherwise made
available.

���� d.� A reckless violation of
subsection b. of this section is a crime of the fourth degree.� A purposeful
violation of subsection b. of this section is a crime of the third degree.

���� e.� This section shall not be
construed to prohibit a person, business, or association who has received
information as unredacted pursuant to the provisions of sections 1 through 3 of
P.L.2021, c.371 (C.47:1B-1 through C. 47:1B-3) from making the information
available consistent with the purposes for which the person, business, or
association received the information. A person, business, or association that
uses or makes available the information in a way that is inconsistent with the
purposes for which the person, business, or association received the
information shall be liable as provided pursuant to subsection d. of this
section.

���� f.� Nothing herein shall be
construed to impose liability on the news media for failure to remove
information from previously printed newspapers.� As used in this subsection,
"news media" means newspapers, magazines, press associations, news agencies,
wire services, or other similar printed means of disseminating news to the
general public.

(cf: P.L.2023, c.113, s.5)

���� 5.��� Section 3 of P.L.2015,
c.226 (C.56:8-166.1) is amended to read as follows:

���� 3.��� a.� (1)�� Upon
notification pursuant to paragraph (2) of this subsection, and not later than
10 business days following receipt thereof, a person, business, or association
shall not disclose or re-disclose on the Internet or otherwise make available,
the home address or unpublished home telephone number of any covered person, as
defined in subsection d. of this section, who has received approval from the
Office of Information Privacy for the redaction or nondisclosure of the covered
person's address.

���� (2)�� An authorized person
seeking to prohibit the disclosure of the home address or unpublished home
telephone number of any covered person consistent with paragraph (1) of this
subsection shall provide written notice to the person from whom they are
seeking nondisclosure that they are an authorized person and requesting that
the person cease the disclosure of the information and remove the protected
information from the Internet or where otherwise made available.

���� (3)�� An immediate family
member who has provided notice pursuant to paragraph (2) of this subsection and
who no longer resides with the judicial officer, prosecutor, or law enforcement
officer shall provide notice to that effect to the person, business, or association
not later than 30 days from the date on which the immediate family member no
longer resided with the judicial officer, prosecutor, or law enforcement
officer.

���� b.��� A person, business, or
association that violates subsection a. of this section shall be liable to the
aggrieved person, who may bring a civil action in the Superior Court.

���� c.���� The court may award:

���� (1)�� actual damages, but not
less than liquidated damages computed at the rate of $1,000 for each violation
of this act;

���� (2)�� punitive damages upon
proof of willful or reckless disregard of the law;

���� (3)�� reasonable attorney's
fees and other litigation costs reasonably incurred; and

���� (4)�� any other preliminary
and equitable relief as the court determines to be appropriate.

���� d.��� For the purposes of this
section:

���� "Authorized person"
means a covered person or any of the following persons hereby authorized to
submit or revoke a request for the redaction or nondisclosure of a home address
on behalf of a covered person:

���� (1)�� on behalf of any federal
judge, a designee of the United States Marshals Service or of the clerk of any
United States District Court;

���� (2)�� on behalf of any covered
person who is deceased or medically or psychologically incapacitated, a person
acting on behalf of the covered person as a designated trustee, as an estate
executor, or pursuant to a written power of attorney or other legal instrument;
and

���� (3)�� on behalf of any
immediate family member who is a minor and who is otherwise entitled to address
redaction or nondisclosure pursuant to this act, the parent or legal guardian
thereof.

���� "Covered person"
means an active, formerly active, or retired judicial officer or law
enforcement officer, as those terms are defined by section 1 of P.L.1995, c.23
(C.47:1A-1.1),
[
or
]
prosecutor
,
or probation officer
and any immediate family member residing in the same
household as such judicial officer, law enforcement officer, or prosecutor.

���� "Disclose" shall
mean to solicit, sell, manufacture, give, provide, lend, trade, mail, deliver,
transfer, post, publish, distribute, circulate, disseminate, present, exhibit,
advertise or offer.

���� "Immediate family
member" means a spouse, child, or parent of, or any other family member
related by blood or by law to, an active, formerly active, or retired judicial
officer or law enforcement officer, as those terms are defined by section 1 of
P.L.1995, c.23 (C.47:1A-1.1), or prosecutor and who resides in the same
household as such judicial officer, prosecutor, or law enforcement officer.

���� "Person" shall not
be construed to include in any capacity the custodian of a government record as
defined in section 1 of P.L.1995, c.23 (C.47:1A-1.1).

���� e.���� This section shall not
be construed to prohibit a person, business, or association who has received
information as unredacted pursuant to the provisions of sections 1 through 3 of
P.L.2021, c.371 (C.47:1B-1 through C.47:1B-3) from making the information
available consistent with the purposes for which the person, business, or
association received the information. A person, business, or association that
uses or makes available the information in a way that is inconsistent with the
purposes for which the person, business, or association received the
information shall be liable as provided pursuant to subsection c. of this
section.

���� f.���� Nothing herein shall be
construed to impose liability on the news media for failure to remove
information from previously printed newspapers.� As used in this subsection,
"news media" means newspapers, magazines, press associations, news
agencies, wire services, or other similar printed means of disseminating news
to the general public.

(cf: P.L.2023, c.113, s.6)

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

STATEMENT

����
This bill would prohibit the disclosure of various personal
identifying information about currently active, formerly active or retired
probation officers and their immediate family members (including spouses,
children, and parents residing in the same household).

����� Currently, various public officials who provide
services in the criminal and civil justice system for this State, the federal
government, and other governmental entities, as well as their immediate family
members, are afforded protections under �Daniel�s Law,� P.L.2020, c.125
(C.56:8-166.2 et al.), which:
(1) prohibits the disclosure, by both governmental
entities and private parties, of the home addresses of any active, formerly
active, or retired federal, State, county, or municipal judicial officer,
prosecutor, or law enforcement officer, and their immediate family members; (2)
expanded an existing crime, section 1 of P.L.2015, c.226 (C.2C:20-31.1),
concerning the unlawful disclosure of home addresses and unlisted telephone
numbers for active or retired law enforcement officers so that the information
on formerly active law enforcement officers, as well as active, formerly
active, or retired judicial officers or prosecutors, and their immediate family
members is also covered; and (3) permits civil actions, under section 3 of
P.L.2015, c.226 (C.56:8-166.1), concerning any prohibited disclosure, which
could result in an award of damages, including punitive damages, attorney�s
fees and costs, and equitable relief.

����� This bill would further expand the scope of �Daniel�s
Law� to protect the above described personal identifying information about
currently active, former active, and retired probation officers and their
immediate family members.� A �probation officer� is defined in the bill as �a
person whose public duties include the supervision of persons convicted or
charged with crimes and offenses in this State, as defined by law or contract
between the Judiciary and the Probation Association of New Jersey or its successor
and shall include, but not be limited to those employees who are in the
following titles referred to in those contracts: Probation Officer, Senior
Probation Officer, Master Probation Officer, Substance Abuse Evaluator, Family
Court Coordinator, Assistant Child Placement Review Coordinator, or Bilingual
Community Outreach Worker.� The term also shall include all titles covered by
Appendix A of the Professional Supervisory Union Agreement between Judiciary
and the Probation Association of New Jersey, including but not limited to the
informal title of Team Leader, Court Service Supervisor 1, Court Service
Supervisor 2, and Court Service Supervisor 3.�