New Jersey Senate Bill S1093

New Jersey 2024-2025 Regular Session

• Introduced: 1/9/24
• Refer: 1/9/24

Caption

Codifies AG directive concerning criminal investigations of law enforcement use-of-force and in-custody deaths.

Impact

The legislation establishes specific protocols for the investigation of incidents that involve law enforcement officers using serious force. Crucially, it aims to enhance public trust through transparency in the investigative process by requiring that video and audio recordings related to these incidents be preserved and assessed by the independent investigator. This process is designed to safeguard public confidence in the independence and impartiality of investigations into law enforcement actions, particularly when they could result in criminal charges.

Summary

Senate Bill S1093 aims to codify a directive from the Attorney General regarding the investigation of law enforcement incidents involving the use of force leading to death or serious bodily injury, as well as in-custody deaths. The bill mandates that all law enforcement agencies notify the county prosecutor's office when such incidents occur, initiating a process for appointing an independent investigator. This investigator may be the Office of Public Integrity and Accountability (OPIA) or another designated law enforcement agency, provided there are no conflicts of interest.

Contention

Nonetheless, the bill may face critique and discussions regarding its implementation, particularly regarding how 'independent' the investigations can be if conducted by agencies within the same jurisdiction. There are concerns that while the bill is intended to create accountability and ensure thorough investigations, public skepticism regarding law enforcement oversight may continue due to historical issues surrounding police accountability. Stakeholders from various sectors, including community groups and law enforcement agencies, may have differing views on the adequacy of the provisions set forth in this legislation, particularly concerning the role of the independent supervisory reviewer and the transparency of investigative outcomes.