"New Jersey Human Rights Accountability Act;" establishes Human Rights Commission to review State human rights situation; authorizes State participation in interstate compact in furtherance of participation in U.N. Universal Periodic Review process.

S4209

SENATE, No. 4209

STATE OF NEW JERSEY

222nd LEGISLATURE

�

INTRODUCED MAY 11, 2026

Sponsored by:

Senator� RAJ MUKHERJI

District 32 (Hudson)

SYNOPSIS

���� �New Jersey Human Rights Accountability Act;�
establishes Human Rights Commission to review State human rights situation;
authorizes State participation in interstate compact in furtherance of
participation in U.N. Universal Periodic Review process.

CURRENT VERSION OF TEXT

���� As introduced.

��

An Act

concerning State human rights commitments, and
amending and supplementing P.L.1997, c.257.

����
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. The United Nations created
the Universal Periodic Review (UPR) process in 2006 through U.N. General
Assembly Resolution 60/251, which also created the U.N. Human Rights Council.

���� b. Under the UPR process,
which is overseen by the U.N. Human Rights Council in cycles of every four and
a half years, every U.N. Member State, including the United States, is invited
to submit reports assessing their fulfillment of international human rights
obligations under the U.N. Charter, the Universal Declaration of Human Rights,
other human rights treaties, and commitments under national laws, with civil
society stakeholders and legislatures in each respective country also invited
to participate.

���� c. The goal of UPR is the
improvement of human rights by assessing national human rights records,
addressing violations, and assisting countries in dealing with human rights
challenges.

���� d. As such, UPR is not meant
to prosecute human rights violations, but rather to facilitate transparency,
accountability, capacity-building, and cooperative dialogue between the U.N.,
national governments, and civil society.

���� e. Although the United States
participated in the first three UPR cycles, the U.S. decision in 2025 to not
participate in the fourth UPR cycle, which runs from 2022 to 2027, is
unprecedented as it is the first time any country has refused to engage in the
UPR process.

���� f. Notwithstanding the U.S.
federal government�s disengagement at the international level, it is the
governments of the several states, including this State, that nevertheless bear
the primary responsibility for protecting civil and human rights in key areas
such as criminal justice and corrections, voting rights, housing, education,
labor, reproductive autonomy, and public health.

���� g. Thus, federal
non-participation in UPR underscores the importance of creating a sub-national
process among the several states, including this State, to assess, for
themselves, the performance of each state in fulfilling their civil and human
rights obligations under the U.S. Constitution and their respective state
constitutions.

���� h. The U.N.�s UPR process
provides an established, internationally-recognized model for this State to
undergo its own periodic review, with public participation and in cooperation
with other states that share similar objectives.

���� i. A periodic, public review
of the human rights situation in this State, modeled upon the U.N.�s UPR
process, will provide an independent assessment of government performance that
promotes accountability, public trust, and improved outcomes.

���� j. Therefore, it is in the
public interest to establish a recurring, Statewide human rights review process
and to cooperate with other jurisdictions within the U.S. pursuing similar
objectives.

���� 2. Section 1 of P.L.1997,
c.257 (C.52:9DD-8) is amended to read as follows:

���� 1. a. There is hereby created
the New Jersey Human
[
Relations
Council
]

Rights Commission
, referred to hereinafter as the
[
council
]

commission.�
The commission shall be a permanent, independent body in but not of the
Department of State
, which shall
:

����
(1)
promote prejudice
reduction education and address the problem of bias and violent acts based on
the victim�s race, color, religion, national origin, ethnicity, sexual
orientation, gender or disability
;

����
(2) engage in the periodic
review of the human rights situation in this State pursuant to the process set
forth in section 4 of P.L.��� , c.���� (C.������� ) (pending before the
Legislature as this bill);

����
(3) develop and publish
State human rights standards for public contracts pursuant to section 9 of
P.L.��� , c.���� (C.������� ) (pending before the Legislature as this bill);

����
(4) participate in the
United Nations Universal Periodic Review process as a stakeholder within the
United States pursuant to subsection a. of section 8 of P.L.��� , c.����
(C.������� ) (pending before the Legislature as this bill); and

����
(5) participate in
interstate periodic human rights reviews with other states pursuant to
subsection b. of section 8 of P.L.��� , c.���� (C.������� ) (pending before the
Legislature as this bill)
.�

����
[
The council shall be a permanent,
independent body in but not of the Department of Law and Public Safety.
]
�

���� b.��� The
[
council
]

commission

shall consist of an executive committee which shall include
:

����
(1)
ten public members
who shall be representative of the various ethnic
[
;
]
,
religious
[
;
]
,

national origin
[
;
]
,

racial
[
;
]
,

sexual orientation
[
;
]
,

gender
[
;
]
,
and
disabilities organizations in this State, of whom four shall be appointed by
the Governor, no more than two of whom shall be of the same political party;
three shall be appointed by the President of the Senate, no more than two of
whom shall be of the same political party; and three shall be appointed by the
Speaker of the General Assembly, no more than two of whom shall be of the same
political party;

����
(2)
two members of the
Senate appointed by the President of the Senate, no more than one of whom shall
be of the same political party;
and
two members of the General Assembly
appointed by the Speaker of the General Assembly, no more than one of whom
shall be of the same political party;

����
(3)
seven
representatives from county human relations commissions representing the
diversity of all county human relations commissions from the 21 counties of the
State appointed by the Governor;

����
(4) two representatives of
each of the deans of each law school accredited by the American Bar Association
in this State, selected by each dean, who shall be experts in civil rights and
human rights law;
and

����
(5)
the following ex
officio members: the Attorney General of the State of New Jersey; the Secretary
of State; Commissioner of the Department of Education; the Commissioner of the
Department of Community Affairs; the Commissioner of the Department of Corrections;

the Chair of the State Parole Board; the Corrections Ombudsperson; the
Commissioner of the Department of Labor and Workforce Development;
the
Commissioner of the Department of Human Services; the Public Defender; the
Director of the Administrative Office of the Courts; the Director of the
Division of Criminal Justice; the Superintendent of the Division of State
Police; the Director of the Division on Civil Rights; the President of the
County Prosecutors Association of New Jersey; the President of the New Jersey
State Association of Chiefs of Police; the President of the Bias Crime Officers
Association of New Jersey; a county Superintendent of Schools selected by the
Commissioner of the Department of Education; the President of the New Jersey
Principals and Supervisors Association; and the President of the New Jersey
Education Association.

���� c.���� Of the public members
first appointed to the
[
council
]

commission
,
six shall be appointed for a term of three years, two shall be appointed for
terms of two years and two shall be appointed for a term of one year.� The
seven county human relations commissions representatives shall be appointed for
terms of two years.� The legislative members appointed initially under this act
shall serve until the end of the legislative session in which the appointment
is made.� Thereafter, the legislative members shall be appointed for two-year
terms to coincide with the two-year legislative term in which they serve on the

[
council
]

commission
.�
Thereafter, the public members shall be appointed for terms of three years.�
The
law school representatives shall be appointed for terms of three years.
�
Vacancies on the
[
council
]

commission

shall be filled in the same manner as the original appointment but for the
unexpired term.� A chairperson and vice-chairperson shall be selected
on an
annual basis
from among the
law school representatives, the
public
members of the
[
council
]

commission,

and the representatives from the county human relations commissions.�

���� The
[
council
]

commission
shall have the
authority to establish subcommittees as it deems appropriate and pursuant to
this act.� The executive committee of the
[
council
]

commission

shall adopt bylaws to govern the
[
council
]

commission

and elect officers from among the
[
council
]

commission

members as it deems appropriate and pursuant to this act.

���� d.��� Each ex officio member
may designate a person from the member�s department or agency to represent the
member at hearings of the
[
council
]

commission
.�
All designees may lawfully vote and otherwise act on behalf of the member for
whom they constitute the designee.

����
e. Members of the
commission shall serve without compensation, but shall be entitled to
reimbursement for expenses incurred in performance of their duties, within the
limits of any funds appropriated or otherwise made available for that purpose.

����
f. The Department of State shall,
at the direction of the chair of the commission, provide legal, stenographic,
technical, clerical, and other staff and resource assistance to the commission,
and additionally the commission may incur expenses as may be necessary in order
to perform its duties within the limits of funds appropriated or otherwise made
available to it for its purposes.

(cf: P.L.2003, c.201, s.1)

���� 3. Section 2 of P.L.1997,
c.257 (C.52:9DD-9) is amended to read as follows:

���� 2. It shall be the duty of the

[
council
]

commission
:

���� a. to develop policy proposals
for the State and assist with coordinating efforts to promote prejudice
reduction and prevent and deter crimes based upon the victim�s race, color,
religion, national origin, sexual orientation, ethnicity, gender, or physical,
mental or cognitive disability;

���� b. to assist in diffusing
tensions in communities affected by such crimes;

���� c. to act as a clearinghouse
for information and program ideas among the existing county human relations
commissions;

���� d. to assist the efforts of
the county human relations commissions in relieving tensions within the
community;

���� e. to assist in providing
training programs for members of the county human relations commissions and
other interested community leaders;

���� f. to develop and present a
biennial report to the Governor and Legislature on the status of bias and
violence based upon race, color, religion, national origin, sexual orientation,
ethnicity, gender, or physical, mental or cognitive disability;

���� g. to establish and maintain a
listing of conflict resolution programs and experts to be available as a
resource for communities in time of crisis;

���� h. (Deleted by amendment,
P.L.2016, c.23)

���� i. to develop in conjunction
with the Department of Education and the educational, civil rights and human
relations communities educational programs intended to educate, encourage,
develop, promote and strengthen respect for human rights and cultural diversity
and prevent and combat racism, intolerance and bigotry;

���� j. to assist local communities
in establishing local human relations commissions;

���� k. to assess changes in local
demographics and assist communities in adapting to minority population shifts;

���� l. to assist State, county and
local government agencies with multi-cultural awareness programs;

���� m. to require that the
representatives from the county human relations commissions report back to the
counties regarding the work and activities of the State
[
council
]

commission
;

���� n. to provide conciliation
assistance and conduct all activities in confidence and without publicity;
[
and
]

���� o. to make recommendations to
governmental entities for the development of policies and procedures in general
and for programs of formal and informal education that will aid in eliminating
all types of discrimination based on race, color, religion, national origin,
sexual orientation, ethnicity, gender, or physical, mental or cognitive
disability
;

����
p. to engage in the
periodic review of the human rights situation in this State pursuant to the
process set forth in section 4 of P.L.��� , c.���� (C.������� ) (pending before
the Legislature as this bill);

����
q. to develop and publish
State human rights standards for public contracts pursuant to section 9 of
P.L.��� , c.���� (C.������� ) (pending before the Legislature as this bill);

����
r. to participate in the
United Nations Universal Periodic Review process as a stakeholder within the
United States pursuant to subsection a. of section 8 of P.L.��� , c.����
(C.������� ) (pending before the Legislature as this bill); and

����
s. to participate in
interstate periodic human rights reviews with other states and jurisdictions
pursuant to subsection b. of section 8 of P.L.��� , c.���� (C.������� )
(pending before the Legislature as this bill)
.

(cf: P.L.2016, c.23, s.3)

���� 4. (New section) a. The New
Jersey Human Rights Commission shall conduct periodic reviews of the human
rights situation in this State on a biennial cycle.� The procedure for
conducting such reviews shall be substantially modeled on the United Nations
Universal Periodic Review process, modified at the commission�s discretion as
appropriate to reflect relevant differences between State law and United
Nations procedures.� During each review cycle, the commission shall:

���� (1) collect data and reports
from State, county, municipal, and intergovernmental agencies;

���� (2) receive and consider
submissions from the public and from representatives of the United Nations, the
federal government, and other state and local governments within the United
States;

���� (3) hold at least three public
hearings in different geographical regions of the State;

���� (4) conduct an independent
analysis of all data, reports, public submissions, and testimony received;

���� (5) publish all data, reports,
public submissions, and testimony received;

���� (6) coordinate its review with
other states and jurisdictions pursuant to subsection b. of section 8 of
P.L.��� , c.���� (C.������� ) (pending before the Legislature as this bill);
and

���� (7) prepare and publish a
report pursuant to subsection b. of this section.

���� b. Upon completion of each
biennial review cycle, the commission shall report to the Governor, and to the
Legislature pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), the
commission�s findings, including an assessment of the human rights situation in
this State and progress made to improve the human rights situation since the
previous cycle, and recommendations for further improvement.

���� c. In furtherance of the
review process set forth in this section, the commission shall adopt standards
and benchmarks consistent with State, federal, and international sources of
civil and human rights law including, but not limited to: the United States
Constitution and applicable federal law; the State Constitution and applicable
State law; the Universal Declaration of Human Rights; the International
Covenant on Civil and Political Rights; and the International Covenant on
Economic, Social, and Cultural Rights.

���� d. Notwithstanding any law,
rule, or regulation to the contrary, every instrumentality or agency of the
State and of every political subdivision of the State shall cooperate with the
commission�s human rights reviews pursuant to this section.

���� 5. Section 3 of P.L.1997,
c.257 (C.52:9DD-10) is amended to read as follows:

���� 3. The
[
council
]

commission

shall hold confidential any information acquired during the course of mediation
or dispute resolution
conducted pursuant to subsection n. of section 2 of
P.L.1997, c.257 (C.52:9DD-9)
.

(cf: P.L.1997, c.257, s.3)

���� 6. Section 4 of P.L.1997,
c.257 (C.52:9DD-11) is amended to read as follows:

���� 4. The
[
council
]

commission

shall have the following powers:

���� a. to conduct public hearings
throughout the State;

���� b. to establish subcommittees;

���� c. to perform fact finding
functions and prepare reports on particular issues regarding
civil and human
rights, with a focus on policing and police-community relations; conditions of
incarceration; housing discrimination; voting rights; fair labor standards;

race; color; religion; sexual orientation; ethnicity; gender;
[
or
]

and

physical, mental
,
or cognitive disability; and

���� d. to call to its assistance
and avail itself of the services of any official of this State and its
political subdivisions and their departments, boards, bureaus, commissions
,

and agencies as it may require and may expend any funds appropriated or
otherwise made available to it.

(cf: P.L.1997, c.257, s.4)

���� 7. Section 5 of P.L.1997,
c.257 (C.52:9DD-12) is amended to read as follows:

���� 5. The
[
council
]

commission

shall meet at least
[
quarterly
]

bi-monthly

and hold hearings at such place or places it shall deem necessary.�
The
commission�s meetings and hearings shall be organized so as to encourage and
enable public participation to the greatest extent practicable.

(cf: P.L.1997, c.257, s.5)

���� 8. (New section) a. It is the
public policy of this State to participate in the United Nations Universal
Periodic Review process, as a stakeholder within the United States, during the
U.N.�s periodic reviews of the United States at the U.N. Human Rights Council.�
The New Jersey Human Rights Commission shall represent the State during such
engagements with the U.N. and other relevant stakeholders.

���� b. It is the public policy of
this State to establish, join, participate in, and promote an interstate
compact or such other intergovernmental agreement that: invites participation
from every state, territorial, and tribal government within the U.S.; provides
for periodic civil and human rights reviews to be conducted by and shared among
member jurisdictions; engages the public during such reviews; requires
meaningful implementation of recommendations developed through such reviews;
and coordinates the submission of such reviews to the United Nations, whether
or not the U.S. federal government participates in the U.N. Universal Periodic
Review process.� The Governor is authorized on behalf of the State to enter
into such interstate compact or intergovernmental agreement, which shall have
the force and effect of State law.

���� c. Nothing in P.L.1997, c.257
or P.L.��� , c.���� (C.������� ) (pending before the Legislature as this bill)
shall be construed to establish foreign policy or in any way bind the
government of the United States to any agreement or foreign policy.

���� 9. (New section) a. (1) The
New Jersey Human Rights Commission, in consultation with the Director of the
Division of Purchase and Property in the Department of the Treasury, the
Director of the Division of Local Government Services in the Department of Community
Affairs, and the Commissioner of Education, shall develop and publish State
human rights standards for public contracts which shall be applicable to all
public contracts for the purchase of goods or services.� Such standards shall
include methods for evaluating the human rights records of contract bidders,
auditing contract recipients for compliance, and the debarment of persons or
entities found in violation.

���� (2) The initial State human
rights standards for public contracts shall be published no later than one year
after the effective date of P.L.��� , c.���� (C.������� ) (pending before the
Legislature as this bill), and may be reviewed and modified from time to time.�
The New Jersey Human Rights Commission shall hold at least three public
hearings prior to publishing or modifying the State human rights standards for
public contracts.

���� b. Notwithstanding the
provisions of any other law, rule, or regulation to the contrary, no State
contract for the purchase of goods or services, and no contract made pursuant
to the �Local Public Contracts Law,� P.L.1971, c.198 (C.40A:11-1 et seq.), or
the �Public School Contracts Law,� N.J.S.18A:18A-1 et seq., may be opened for
bid or renewal on or after the date of adoption of the State human rights
standards for public contracts pursuant to subsection a. of this section unless
the bidding, evaluation, awarding, and performance of such contract complies
with the State human rights standards for public contracts.

���� c. For the purpose of ensuring
consistency between the �Local Public Contracts Law,� P.L.1971, c.198
(C.40A:11-1 et seq.), the �Public School Contracts Law,� N.J.S.18A:18A-1 et
seq., and other applicable State law, the Director of the Division of Purchase
and Property, in consultation with the New Jersey Human Rights Commission, the
Director of the Division of Local Government Services, and the Commissioner of
Education, and pursuant to the �Administrative Procedure Act,� P.L.1968, c.410
(C.52:14B-1 et seq.), shall adopt rules concerning the application of the State
human rights standards for public contracts to all public contracts pursuant to
subsection b. of this section.

���� 10. The Attorney General shall
investigate and enforce any violations of contracting law pursuant to section 9
of P.L.��� , c.���� (C.������� ) (pending before the Legislature as this bill);
any failure to cooperate with the work of the New Jersey Human Rights
Commission pursuant to subsection d. of section 4 of P.L.��� , c.����
(C.������� ) (pending before the Legislature as this bill); any credibly
alleged, ongoing violations of State law brought to the Attorney General�s
attention by the New Jersey Human Rights Commission; and, subject to reasonable
cause and any applicable statute of limitations, any other violations of State
law credibly alleged or discovered through a periodic human rights review
pursuant to section 4 of P.L.��� , c.���� (C.������� ) (pending before the
Legislature as this bill).

���� 11. Section 6 of P.L.2007,
c.303 (C.52:17B-77.12) is amended to read as follows:

���� 6.��� The Police Training
Commission shall require all new police officers to complete two hours of
training, which may include interactive training, in identifying, responding
to, and reporting bias intimidation crimes.� The Police Training Commission
shall develop or revise the training course in consultation with the New Jersey
Human
[
Relations
Council
]

Rights Commission
established pursuant to section 1 of P.L.1997, c.257
(C.52:9DD-8).� The training course shall include the following topics:

���� a.���� features that identify
or could identify a bias intimidation crime;

���� b.��� laws dealing with bias
intimidation crimes;

���� c.���� law enforcement
procedures, reporting, and documentation of bias intimidation crimes; and

���� d.��� techniques and methods
to handle incidents of bias intimidation crimes, including training on how to
deal sensitively with victims and referring victims of bias intimidation crimes
to organizations that provide assistance and compensation to victims.

(cf: P.L.2007, c.303, s.6)

���� 12. This act shall take effect
on the first day of the third month next following enactment.

STATEMENT

���� This bill creates a State-level
human rights accountability system modeled on the United Nations Universal
Periodic Review (UPR) process.

���� The bill does not establish
foreign policy or bind the United States under international law, as the bill
is focused exclusively on areas of State authority.� However, establishing a
UPR-type process at the State level, based on widely used international best
practices, will strengthen transparency, data-driven governance, and public
trust in State institutions; demonstrate the State�s commitment to human rights;
and position this State as a national leader in state-driven human rights
accountability, analogous to the leadership that states have shown in climate
policy.

���� The UPR process was created in
2006 through U.N. General Assembly Resolution 60/251.� During each UPR cycle,
which lasts about four and a half years, every U.N. Member State, including the
United States, has an opportunity to assess their fulfillment of international
human rights obligations under the U.N. Charter, the Universal Declaration of
Human Rights, other human rights treaties, and voluntary commitments under
national laws.� The goal of UPR is the improvement of human rights by assessing
national human rights records, addressing violations, and assisting countries
in dealing with human rights challenges.� The U.N. Human Rights Council, which
oversees the UPR process, invites participation from not only national
governments but also civil society stakeholders.� The United States
participated in the first three UPR cycles, but declined to participate as
scheduled in 2025 during the currently ongoing fourth cycle (2022 to 2027).

���� Under the bill, the State�s
existing Human Relations Council will be reorganized as the Human Rights
Commission (commission).� The commission will become in but not of the
Department of State.� In addition to its existing mandate, which is focused on
improving community relations in order to prevent bias incidents, the
commission will also be charged with conducting biennial reviews of the human
rights situation in this State.� The bill specifically calls for the
commission�s work to be modeled upon the U.N.�s UPR process, and is intended to
encourage and enable public participation to the greatest extent practicable.�

���� In addition, the bill calls
for the commission, in consultation with the Division of Purchase and Property,
the Division of Local Government Services, and the Department of Education, to
develop human rights standards applicable to all public contracts, including
local government and school construction contracts, violations of which shall
be enforced by the Attorney General.

���� Finally, the bill declares
that it is the public policy of this State to engage with the U.N. in the UPR
process during its periodic reviews of the U.S., and to develop an agreement
between this State and other jurisdictions within the U.S. to conduct periodic
human rights reviews for each other.