ASSEMBLY, No. 5104 STATE OF NEW JERSEY 221st LEGISLATURE INTRODUCED DECEMBER 12, 2024
ASSEMBLY, No. 5104
STATE OF NEW JERSEY
221st LEGISLATURE
INTRODUCED DECEMBER 12, 2024
Sponsored by: Assemblyman ROBERT AUTH District 39 (Bergen) Co-Sponsored by: Assemblyman Myhre, Assemblywoman Flynn, Assemblymen Clifton and Webber SYNOPSIS Requires law enforcement agencies to adopt policies of cooperation with federal immigration officials. CURRENT VERSION OF TEXT As introduced.
Sponsored by:
Assemblyman ROBERT AUTH
District 39 (Bergen)
Co-Sponsored by:
Assemblyman Myhre, Assemblywoman Flynn, Assemblymen Clifton and Webber
SYNOPSIS
Requires law enforcement agencies to adopt policies of cooperation with federal immigration officials.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning law enforcement agencies and supplementing Title 40A of the New Jersey Statutes. Be It Enacted by the Senate and General Assembly of the State of New Jersey: 1. a. Every interstate, State, county, county park, and municipal police department or force that employs law enforcement officers and every educational institution which appoints police officers pursuant to P.L.1970, c.211 (C.18A:6-4.2 et seq.) shall adopt a policy of cooperation with requests from federal immigration authorities. b. Subject to the approval of the Attorney General, the State shall defend a law enforcement officer in any civil action seeking to impose liability arising out of any actual or alleged act, error, or omission that occurred while cooperating with federal immigration authorities pursuant to section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill), provided that the actual or alleged act, error, or omission did not result from intentional or willful and wanton misconduct on the part the law enforcement officer. c. The State of New Jersey shall indemnify and hold a law enforcement officer harmless in the amount of any settlement or judgment obtained against the law enforcement officer arising out of any actual or alleged act, error, or omission that occurred while cooperating with federal immigration authorities pursuant to P.L. , c. (C. ) (pending before the Legislature as this bill), provided that the actual or alleged act, error, or omission did not result from intentional or willful and wanton misconduct on the part of the law enforcement officer. d. For the purposes of this section, "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, including police officers appointed pursuant to P.L.1970, c.211 (C.18A:6-4.2 et seq.). 2. This act shall take effect on the first day of the fourth month next following the date of enactment. STATEMENT This bill requires interstate, State, county, county park, and municipal police departments or forces and educational institutions that appoint law enforcement officers to adopt a policy of cooperation with federal immigration authorities. The bill defines "law enforcement officer" as 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. Additionally, the bill provides that subject to the approval of the Attorney General, the State would be required to defend a law enforcement officer in any civil action seeking to impose liability arising out of any actual or alleged act, error, or omission that occurred while cooperating with federal immigration authorities, provided that the actual or alleged act, error, or omission did not result from intentional or willful and wanton misconduct on the part the law enforcement officer. The bill also provides that a law enforcement officer would be indemnified and held harmless by the State in the amount of any settlement or judgment obtained against the law enforcement officer for complying with the bill's provisions and cooperating with federal immigration authorities provided that the actual or alleged act, error, or omission did not result from intentional or willful and wanton misconduct on the part the law enforcement officer.
An Act concerning law enforcement agencies and supplementing Title 40A of the New Jersey Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. Every interstate, State, county, county park, and municipal police department or force that employs law enforcement officers and every educational institution which appoints police officers pursuant to P.L.1970, c.211 (C.18A:6-4.2 et seq.) shall adopt a policy of cooperation with requests from federal immigration authorities.
b. Subject to the approval of the Attorney General, the State shall defend a law enforcement officer in any civil action seeking to impose liability arising out of any actual or alleged act, error, or omission that occurred while cooperating with federal immigration authorities pursuant to section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill), provided that the actual or alleged act, error, or omission did not result from intentional or willful and wanton misconduct on the part the law enforcement officer.
c. The State of New Jersey shall indemnify and hold a law enforcement officer harmless in the amount of any settlement or judgment obtained against the law enforcement officer arising out of any actual or alleged act, error, or omission that occurred while cooperating with federal immigration authorities pursuant to P.L. , c. (C. ) (pending before the Legislature as this bill), provided that the actual or alleged act, error, or omission did not result from intentional or willful and wanton misconduct on the part of the law enforcement officer.
d. For the purposes of this section, "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, including police officers appointed pursuant to P.L.1970, c.211 (C.18A:6-4.2 et seq.).
2. This act shall take effect on the first day of the fourth month next following the date of enactment.
STATEMENT
This bill requires interstate, State, county, county park, and municipal police departments or forces and educational institutions that appoint law enforcement officers to adopt a policy of cooperation with federal immigration authorities. The bill defines "law enforcement officer" as 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.
Additionally, the bill provides that subject to the approval of the Attorney General, the State would be required to defend a law enforcement officer in any civil action seeking to impose liability arising out of any actual or alleged act, error, or omission that occurred while cooperating with federal immigration authorities, provided that the actual or alleged act, error, or omission did not result from intentional or willful and wanton misconduct on the part the law enforcement officer. The bill also provides that a law enforcement officer would be indemnified and held harmless by the State in the amount of any settlement or judgment obtained against the law enforcement officer for complying with the bill's provisions and cooperating with federal immigration authorities provided that the actual or alleged act, error, or omission did not result from intentional or willful and wanton misconduct on the part the law enforcement officer.