Sponsored by:
Senator GORDON M. JOHNSON
District 37 (Bergen)
Co-Sponsored by:
Senator Stanfield
SYNOPSIS
Requires Attorney General to revise guidelines regarding use of conducted energy devices by law enforcement officers; establishes law enforcement conducted energy device training.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning law enforcement, supplementing Title 2C of the New Jersey Statutes, and amending N.J.S.2C:39-1 and N.J.S.2C:3-11.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. (New section) a. As used in this act:
Enhanced mechanical force means an intermediate force option between mechanical force and deadly force that requires a greater level of justification than that pertaining to physical or mechanical force, but a lower level of justification than that required for the use of deadly force. Enhanced mechanical force shall not require an imminent threat of death or serious bodily injury and shall include less-lethal devices and ammunition.
Mechanical force means the use of a device or substance, other than a firearm, to overcome a subjects resistance to the exertion of the officers authority and shall include, but not be limited to, use of a conducted energy device; expandable baton, baton or other object; oleoresin capsicum spray; or the physical apprehension by canines.
b. The Attorney General shall revise the New Jersey Use of Force Policy concerning the responsibilities of law enforcement officers when interacting with civilians. The revised policy shall provide that conducted energy devices as defined in subsection mm. of N.J.S.2C:39-1 are removed from the definition of enhanced mechanical force and are reclassified as mechanical force in accordance with definitions established in this section.
2. (New section) a. A county or municipal law enforcement officer who successfully completes a conducted energy device training course approved by the Police Training Commission, and is so certified, shall be authorized to possess and use a conducted energy device as defined in subsection mm. of N.J.S.2C:39-1 while in the actual performance of the officers official duties. To maintain certification under this subsection, a law enforcement officer shall each year successfully complete a training course curriculum and qualify in the use of conducted energy devices.
b. The training course established pursuant to subsection a. of this section shall include:
(1) a minimum of six hours of instruction with a certified conducted energy device instructor;
(2) a written examination with a passing score of 90 percent or higher;
(3) completion of all functional tests included on the conducted energy device operator certification or annual recertification form;
(4) tactical training in which an officer shall deploy at least two live or hook-and-loop cartridges, as determined by the law enforcement agency, into a target area or halt training suit;
(5) voluntary participation by officers in conducted energy devices exposure training;
(6) classroom instruction and course work, which shall include, but not be limited to, a conducted energy device operator power point, training bulletins, and a review of product warnings; and
(7) an overview of the Attorney Generals Use of Force Policy with regard to the use of conducted energy devices and related policies and procedures and a legal review of conducted energy device usage within this State and the law enforcement agencys jurisdiction.
3. N.J.S.2C:39-1 is amended to read as follows:
2C:39-1. Definitions. The following definitions apply to this chapter and to chapter 58:
a. "Antique firearm" means any rifle or shotgun and "antique cannon" means a destructive device defined in paragraph (3) of subsection c. of this section, if the rifle, shotgun or destructive device, as the case may be, is incapable of being fired or discharged, or which does not fire fixed ammunition, regardless of date of manufacture, or was manufactured before 1898 for which cartridge ammunition is not commercially available, and is possessed as a curiosity or ornament or for its historical significance or value.
b. "Deface" means to remove, deface, cover, alter or destroy the name of the maker, model designation, manufacturer's serial number or any other distinguishing identification mark or number on any firearm.
c. "Destructive device" means any device, instrument or object designed to explode or produce uncontrolled combustion, including (1) any explosive or incendiary bomb, mine or grenade; (2) any rocket having a propellant charge of more than four ounces or any missile having an explosive or incendiary charge of more than one-quarter of an ounce; (3) any weapon capable of firing a projectile of a caliber greater than 60 caliber, except a shotgun or shotgun ammunition generally recognized as suitable for sporting purposes; (4) any Molotov cocktail or other device consisting of a breakable container containing flammable liquid and having a wick or similar device capable of being ignited. The term does not include any device manufactured for the purpose of illumination, distress signaling, line-throwing, safety or similar purposes.
d. "Dispose of" means to give, give away, lease, loan, keep for sale, offer, offer for sale, sell, transfer, or otherwise transfer possession.
e. "Explosive" means any chemical compound or mixture that is commonly used or is possessed for the purpose of producing an explosion and which contains any oxidizing and combustible materials or other ingredients in such proportions, quantities or packing that an ignition by fire, by friction, by concussion or by deton