"Justice for Firefighter Patrick Thomas Act"; requires person convicted of certain crimes or offenses to become ineligible for appointment to position covered by Civil Service and to lose pension and benefits acquired through position.

S3714

SENATE, No. 3714

STATE OF NEW JERSEY

222nd LEGISLATURE

�

INTRODUCED MARCH 2, 2026

Sponsored by:

Senator� BRITNEE N. TIMBERLAKE

District 34 (Essex)

Senator� ANGELA V. MCKNIGHT

District 31 (Hudson)

SYNOPSIS

���� �Justice for Firefighter Patrick Thomas Act�;
requires person convicted of certain crimes or offenses to become ineligible
for appointment to position covered by Civil Service and to lose pension and
benefits acquired through such position.

CURRENT VERSION OF TEXT

���� As introduced.

��

An Act
concerning civil service appointment eligibility and
pension forfeiture for certain individuals
, amending P.L.2007, c.49,
and supplementing Title 11A of the New Jersey Statutes.

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

���� 1.� (New section)� This act
shall be known and may be cited as the �Justice for Firefighter Patrick Thomas
Act.�

���� 2 (New section) a.�
Notwithstanding any law, rule, or regulation to the contrary, a person who is convicted
of, or pleads guilty or nolo contendere to, any crime or offense set forth in
subsection b. of this section shall not be eligible for appointment to a
position covered by Title 11A, Civil Service, of the New Jersey Statutes.� Any
person holding a position covered by Title 11A, Civil Service, of the New
Jersey Statutes, who is convicted of, or pleads guilty or nolo contendere to, a
crime or offense set forth in subsection b. of this section, on or after the
effective date of P.L.��� , c.��� (C.������� ) (pending before the Legislature
as this bill), shall be immediately terminated, and deemed not eligible for
appointment to such current or future position covered by Title 11A, Civil
Service, of the New Jersey Statutes.

���� b.� Subsection a. of this
section applies to a conviction of, or plea of guilty or nolo contendere to,
any of the following crimes or offenses:

���� (1)�� any offense related to,
involving, or concerned with discrimination, bias, including but not limited to
racial bias, or domestic violence, as determined by the Chairperson of the
Civil Service Commission, in consultation with the Attorney General, on or
after the effective date of P.L.��� , c.��� (C.������� ) (pending before the
Legislature as this bill);

���� (2)�� a bias crime or domestic
violence offense arising under Title 2C of the New Jersey Statutes;

���� (3)�� Paragraph (4) of
subsection a. of N.J.S.2C:13-5, criminal coercion;

���� (4)�� N.J.S.2C:20-4, theft by
deception, if the amount involved exceeds $10,000;

���� (5)�� Subsection d. of
N.J.S.2C:20-5, theft by extortion;

���� (6)�� N.J.S.2C:20-9, theft by
failure to make required disposition of property received, if the amount
involved exceeds $10,000;

���� (7)�� N.J.S.2C:21-10,
commercial bribery;

���� (8)�� Section 3 of P.L.1994,
c.121 (C.2C:21-25), money laundering;

���� (9)�� Section 97 of P.L.1999,
c.440 (C.2C:21-34), false contract payment claims;

���� (10) N.J.S.2C:27-2, bribery in
official matters;

���� (11) N.J.S.2C:27-3, threats
and other improper influence in official and political matters;

���� (12) Section 100 of P.L.1999,
c.440 (C.2C:27-9), unlawful official business transaction where interest is
involved;

���� (13) Section 5 of P.L.2003,
c.255 (C.2C:27-10), acceptance or receipt of unlawful benefit by public servant
for official behavior;

���� (14) Section 6 of P.L.2003,
c.255 (C.2C:27-11), offer of unlawful benefit to public servant for official
behavior;

���� (15) N.J.S.2C:28-1, perjury;

���� (16) N.J.S.2C:28-5, tampering
with witnesses;

���� (17) N.J.S.2C:28-7, tampering
with public records or information;

���� (18) N.J.S.2C:29-4,
compounding;

���� (19) N.J.S.2C:30-2, official
misconduct;

���� (20) N.J.S.2C:30-3,
speculating or wagering on official action or information;

���� (21) Section 3 of P.L.2003,
c.31 (C.2C:30-7), pattern of official misconduct;

���� (22) Paragraph (1) of
subsection a. of section 1 of P.L.2007, c.158 (C.2C:27-12), corruption of
public resources, if the amount or value of the public resource is $500,000 or
more;

���� (23) N.J.S.2C:14-2, sexual
assault;

���� (24) N.J.S.2C:14-3, sexual
contact;

���� (25) N.J.S.2C:14-4, lewdness;

���� (26) any crime described in
N.J.S.2C:12-1; or

���� (27) any crime described in N.J.S.2C:24-4.

���� c.� The Chairperson of the
Civil Service Commission shall, in consultation with the Attorney General and
in accordance with the �Administrative Procedure Act,� P.L.1968, c.410
(C.52:14B-1 et seq.), adopt rules and regulations as necessary to implement
this act.

���� 3. (New section) a.� A court
of this State shall enter an order of employment termination pursuant to this
section:

���� (1)�� Immediately upon a
finding of guilt by the trier of fact or a plea of guilty or nolo contendere entered
in any court of this State unless the court, for good cause shown, orders a
stay of the employment termination pending a hearing on the merits at the time
of sentencing; or

���� (2)�� Upon application of the
county prosecutor or the Attorney General, when the employment termination is
based upon a conviction of, or plea of guilty or nolo contendere to, an offense
under the laws of another state or of the United States.� An order of
employment termination pursuant to this paragraph shall be deemed to have taken
effect on the date the person was found guilty by the trier of fact or pled
guilty or nolo contendere to the offense; or

���� (3)�� Upon application of the municipal
prosecutor, county prosecutor, or the Attorney General, when the employment
termination is based upon a conviction of, or plea of guilty or nolo contendere
to, an offense under the laws of this State.� An order of employment
termination pursuant to this paragraph shall be deemed to have taken effect on
the date the person was found guilty by the trier of fact or pled guilty or
nolo contendere to the offense.

���� b.� No court shall grant a
stay of an order of employment termination pending appeal of a conviction or
employment termination order unless the court is clearly convinced that there
is a substantial likelihood of success on the merits.� If the conviction be
reversed or the order of employment termination be overturned, the person�s
eligibility for appointment to, or employment in, positions covered by Title
11A, Civil Service, of the New Jersey Statutes shall be restored from the date
of employment termination.

���� c.� Nothing in this section
shall be deemed to preclude the Civil Service Commission from ordering the
ineligibility of a person for appointment to, or employment in, positions
covered by Title 11A, Civil Service, of the New Jersey Statutes, including in a
case where the court does not enter an order of employment termination pursuant
to this section.

���� 4. (New section) Any person
deemed ineligible for employment in positions covered by Title 11A, Civil
Service, of the New Jersey Statutes pursuant to P.L.��� , c.��� (C.������� )
(pending before the Legislature as this bill) shall forfeit all of the pension
or retirement benefit earned as a member of any State or locally-administered
pension fund or retirement system in which the person participated at the time
of the commission of the crime or offense, which pension forfeiture shall be
applicable to the person as a member or retiree of such pension fund or
retirement system.

���� 5.� Section 2 of P.L.2007,
c.49 (C.43:1-3.1) is amended to read as follows:

���� 2.� a.� A person who holds or
has held any public office, position, or employment, elective or appointive,
under the government of this State or any agency or political subdivision
thereof, who is convicted of
, or pleads guilty or nolo contendere to,
any
crime set forth in subsection b. of this section, or of a substantially similar
offense under the laws of another state or the United States which would have
been such a crime under the laws of this State, which crime or offense involves
or touches such office, position or employment, shall forfeit all of the
pension or retirement benefit earned as a member of any State or
locally-administered pension fund or retirement system in which he participated
at the time of the commission of the offense and which covered the office,
position or employment involved in the offense.� As used in this section, a
crime or offense that "involves or touches such office, position or
employment" means that the crime or offense was related directly to the
person's performance in, or circumstances flowing from, the specific public
office or employment held by the person.

���� b.��� Subsection a. of this
section applies to a conviction of
, or plea of guilty or nolo contendere to,

any of the following crimes:

���� (1)�� Paragraph (4) of
subsection a. of N.J.S.2C:13-5, criminal coercion;

���� (2)�� N.J.S.2C:20-4, theft by
deception, if the amount involved exceeds $10,000;

���� (3)�� Subsection d. of
N.J.S.2C:20-5, theft by extortion;

���� (4)�� N.J.S.2C:20-9, theft by
failure to make required disposition of property received, if the amount
involved exceeds $10,000;

���� (5)�� N.J.S.2C:21-10,
commercial bribery;

���� (6)�� Section 3 of P.L.1994,
c.121 (C.2C:21-25), money laundering;

���� (7)�� Section 97 of P.L.1999,
c.440 (C.2C:21-34), false contract payment claims;

���� (8)�� N.J.S.2C:27-2, bribery
in official matters;

���� (9)�� N.J.S.2C:27-3, threats
and other improper influence in official and political matters;

���� (10) Section 100 of P.L.1999,
c.440 (C.2C:27-9), unlawful official business transaction where interest is
involved;

���� (11) Section 5 of P.L.2003,
c.255 (C.2C:27-10), acceptance or receipt of unlawful benefit by public servant
for official behavior;

���� (12) Section 6 of P.L.2003,
c.255 (C.2C:27-11), offer of unlawful benefit to public servant for official
behavior;

���� (13) N.J.S.2C:28-1, perjury;

���� (14) N.J.S.2C:28-5, tampering
with witnesses;

���� (15) N.J.S.2C:28-7, tampering
with public records or information;

���� (16) N.J.S.2C:29-4,
compounding;

���� (17) N.J.S.2C:30-2, official
misconduct;

���� (18) N.J.S.2C:30-3,
speculating or wagering on official action or information;

���� (19) Section 3 of P.L.2003,
c.31 (C.2C:30-7), pattern of official misconduct;

���� (20) Paragraph (1) of
subsection a. of section 1 of P.L.2007, c.158 (C.2C:27-12), corruption of
public resources, if the amount or value of the public resource is $500,000 or
more;

���� (21) N.J.S.2C:14-2, sexual
assault;

���� (22) N.J.S.2C:14-3, sexual
contact; or

���� (23) N.J.S.2C:14-4, lewdness.

���� c.���� A court of this State
shall enter an order of pension forfeiture pursuant to this section:

���� (1)�� Immediately upon a
finding of guilt by the trier of fact or a plea of guilty
or nolo contendere

entered in any court of this State unless the court, for good cause shown,
orders a stay of the pension forfeiture pending a hearing on the merits at the
time of sentencing; or

���� (2)�� Upon application of the
county prosecutor or the Attorney General, when the pension forfeiture is based
upon a conviction of
, or plea of guilty or nolo contendere to,
an
offense under the laws of another state or of the United States. An order of
pension forfeiture pursuant to this paragraph shall be deemed to have taken
effect on the date the person was found guilty by the trier of fact or pled
guilty
or nolo contendere
to the offense
; or

����
(3)�� Upon application of
the municipal prosecutor, county prosecutor, or the Attorney General, when the pension
forfeiture is based upon a conviction of, or plea of guilty or nolo contendere
to, an offense under the laws of this State.� An order of pension forfeiture
pursuant to this paragraph shall be deemed to have taken effect on the date the
person was found guilty by the trier of fact or pled guilty or nolo contendere
to the offense
.

���� d.��� No court shall grant a
stay of an order of pension forfeiture pending appeal of a conviction or
pension forfeiture order unless the court is clearly convinced that there is a
substantial likelihood of success on the merits.� If the conviction be reversed
or the order of pension forfeiture be overturned, his pension rights and
benefits shall be restored from the date of pension forfeiture.

���� e.���� Nothing in this section
shall be deemed to preclude the authority of the board of trustees of any State
or locally-administered pension fund or retirement system created under the
laws of this State from ordering the forfeiture of all or part of the earned
service credit or pension or retirement benefit of any member of the fund or
system for misconduct occurring during the member's public service pursuant to
the provisions of P.L.1995, c.408 (C.43:1-3 et seq.), including in a case where
the court does not enter an order of forfeiture pursuant to this section.

(cf: P.L.2019, c.190, s.1)

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

STATEMENT

���� This bill, designated as the
�Justice for Firefighter Patrick Thomas Act,� requires any person who is convicted
of, or pleads guilty or nolo contendere to, certain crimes or offenses, on or
after the effective date of the bill,
to become ineligible
for appointment to a position covered by the Civil Service and to lose the
pension and benefits acquired through such position
.

���� The bill provides that any
person holding a position covered by the Civil Service, who is convicted of, or
pleads guilty or nolo contendere to, certain crimes or offenses, on or after
the effective date of the bill, will be immediately terminated and deemed not
eligible for appointment to such current or future position covered by the
Civil Service.� The chairperson, in consultation with the Attorney General,
will adopt rules and regulations as necessary to implement the provisions of
the bill.

���� The bill also provides that
employment termination and pension forfeiture will be required to be ordered by
the court: immediately upon a finding of guilt by the trier of fact or a plea
of guilty or nolo contendere entered in any court of this State unless the
court, for good cause shown, orders a stay of the employment termination or
pension forfeiture pending a hearing on the merits at the time of sentencing;
or upon application of the county prosecutor or the Attorney General, when the
employment termination or pension forfeiture is based upon a conviction of, or
plea of guilty or nolo contendere to, an offense under the laws of another
state or of the United States; or upon application of the municipal prosecutor,
county prosecutor, or the Attorney General, when the employment termination or pension
forfeiture is based upon a conviction of, or plea of guilty or nolo contendere
to, an offense under the laws of this State.� The bill does not preclude the
Civil Service Commission from ordering the ineligibility of a person for
appointment to, or employment in, positions covered by the Civil Service,
including in a case where the court does not enter an order of employment
termination.

���� The bill also provides that any
person deemed ineligible for employment in positions covered by the Civil
Service pursuant to this bill will forfeit all of the pension or retirement
benefit earned as a member of any State or locally-administered pension fund or
retirement system in which the person participated at the time of the
commission of the offense, and will apply to such person as a member or retiree.