Legislation and Litigation
Legislation
NEW JERSEY
New Jersey entered into a consent decree with the Department of Justice in 1999 after widespread and systematic racial profiling. The decree, which only applies to the New Jersey State Troopers, should last for a term of five years, but may end sooner by motion from the Department of Justice if the state is in compliance for at least two years. New Jersey currently has several bills pending that would mandate the provisions of the decree after the term has expired. The pending bills include provisions which would create a criminal offense of racial profiling, would create a joint task force to investigate racial profiling, would promote the employment and promotion of minorities within the State Police, would prohibit consent searches and require “probable cause” to conduct a vehicle search, and would require state police to file reports on motor vehicle stops they initiate.
S.B. 429, 210th Leg. (N.J. 2002), An Act Criminalizing Deprivation of Civil Rights, Including Racial Profiling
Status: Enacted March 14, 2003
No jurisdictions required to collect data
Other Information: No data collection -- criminalizes deprivation of civil rights, including racial profiling, by public officials.
Contact Information:
Senator Wayne Bryant
501 Cooper Street
Camden, NJ 08102-1240
856-757-0552
SenBryant@njleg.org
Senator Nia Gill
425 Bloomfield Avenue, 2nd Floor
Montclair, NJ 07042
973-509-0388
SenGill@njleg.org
S.C. Res. 35, 210th Leg. (N.J. 2002), A Concurrent Resolution to … Establish the Joint State Police Oversight Committee.
Status: Unenacted February 11, 2002
number jurisdictions required to collect data
Restrictions: no data collection -- oversight committee only
Other Information: Would create a joint task force of the State Senate and General Assembly to investigate racial profiling and monitor minority appointments within the State Police.
Contact Information:
Senator Shirley Turner
1440 Pennington Road
Ewing, NJ 08618
609-530-3277
SenTurner@njleg.org
A.B. 574, 210th Leg. (N.J. 2002), An Act Concerning Affirmative Action Employment and Promotion in the Division of State Police
Status: Unenacted 2002
number jurisdictions required to collect data
Restrictions: no data collection -- affirmative action program
Other Information: Broadens the affirmative action program in Division of State Police.
Contact Information:
Assemblywoman Bonnie Watson Coleman
226 West State Street
Trenton, NJ 08608
609-292-0500
AswWatsonColeman@njleg.org
S.B. 430, 210th Leg. (N.J. 2002), An Act Concerning Motor Vehicle Searches
Status: Unenacted 2002
number jurisdictions required to collect data
Restrictions: no data collection
Other Information: Bans consent searches of motor vehicles by State and local law enforcement officers.
Contact Information:
Senator Wayne Bryant
501 Cooper Street
Camden, NJ 08102-1240
856-757-0552
SenBryant@njleg.org
Senator Robert Martin
101 Gibraltar Drive, Suite 1-A
Morris Plains, AK 07950
973-984-0922
SenMartin@njleg.org
S.B. 437, 210th Leg. (N.J. 2002), An Act Concerning Racial Profiling.
Status: Unenacted
number jurisdictions required to collect data
Restrictions: no data collection - creates the criminal offense of racial profiling.
Other Information: Creates racial profiling as a criminal offense, punishable by 3-5 years of imprisonment and/or a fine of up to $15,000.
Contact Information:
Senator Shirley Turner
1440 Pennington Road
Ewing, NJ 08618
609-530-3277
SenTurner@njleg.org
Senator Wayne Bryant
501 Cooper Street
Camden, NJ 08102-1240
856-757-0552
SenBryant@njleg.org
S.B. 554, 210th Leg. (N.J. 2002), An Act Concerning Motor Vehicle Searches
Status: Unenacted
number jurisdictions required to collect data
Restrictions: no data collection
Other Information: Prohibits searches of motor vehicles by police officers without probable cause.
Contact Information:
Assemblyman John McKeon
4 Sloan St., Suite D & E
South Orange, NJ 07079
973-275-1113
AsmMcKeon@njleg.org
Senator Nia Gill
425 Bloomfield Avenue, 2nd Floor
Montclair, NJ 07042
973-509-0388
SenGill@njleg.org
S.B. 438, 210th Leg. (N.J. 2002), An Act Concerning the State Police
Status: Unenacted
1 jurisdictions required to collect data: State Police
Scope of Collection: vehicle stops
Restrictions: State Police only
Data Collected: age, race, gender, ethnicity, reason for stop / alleged violation, date, time, location, officer ID, warning given, citation given, arrest made, personal search conducted, search of vehicle conducted, force used by officer, injuries, authority for search
Other Information: Would require state police to file reports on motor vehicle stops they initiate and requires the Superintendent to prepare semi-annual reports summarizing the statistics and to submit the reports to the Governor and the Legislature. The pending legislation is meant to continue the provisions of the consent decree when it expires. The decree will be in place for 5 years or if the Department of Justice moves that New Jersey has been in compliance, for a period of two years.
Contact Information:
Senator Shirley Turner
1440 Pennington Road
Ewing, NJ 08618
609-530-3277
SenTurner@njleg.org
Senator Wayne Bryant
501 Cooper Street
Camden, NJ 08102-1240
856-757-0552
SenBryant@njleg.org
