New Jersey Assembly Bill A5281

New Jersey 2022-2023 Regular Session

• Introduced: 3/9/23
• Refer: 3/9/23
• Report Pass: 5/18/23
• Engrossed: 5/25/23
• Enrolled: 12/11/23
• Chaptered: 1/8/24
• Passed: 1/8/24

Caption

Eliminates position of constable; removes statutory references to constable; repeals various parts of statutory law; implements recommendation of SCI report concerning elimination of constables.

Impact

The passage of A5281 will lead to a significant overhaul of existing laws related to constables and associated duties. Specifically, the bill mandates the repeal of various statutory provisions that reference the role of constables, thereby removing their authority in certain legal processes such as executing eviction notices or managing rental disputes. Furthermore, any existing contracts for municipal constables will continue to uphold salary provisions, but any associated powers or duties will be declared void post-enactment. As a result, this could streamline law enforcement processes and enhance accountability.

Summary

Assembly Bill A5281 aims to eliminate the position of constable in the State of New Jersey, according to the recommendations of the State Commission of Investigation (SCI). Introduced on March 9, 2023, the bill proposes the removal of statutory references to constables, effectively abolishing their functions, powers, and duties. This action stems from the SCI's findings that the constable position is unnecessary, outdated, and poses risks to public safety, stating that it frequently creates hazards for both the constables themselves and the general public.

Contention

The discourse surrounding A5281 highlights the contention over local versus state enforcement capabilities. Advocates for the bill argue that it centralizes law enforcement functions, making it clearer and more efficient. However, detractors may view this elimination of local constables as a reduction of community control over local law enforcement. The change could spark debates over the future structural adjustments needed in the state's law enforcement paradigm and the potential repercussions for local governance and law enforcement operations.