STATEMENT ON SPECIAL PROSECUTOR BILL (from NJ Bill)
SENATE 1036/ASSEMBLY 3115
This bill provides that when a person’s death occurred during an encounter with a police officer or other law enforcement officer acting in the officer’s official capacity or while the decedent was in custody, the Attorney General is to supersede the local county prosecutor, utilizing existing supersession authority, and conduct, personally or by a designated deputy or assistant attorney general, any investigation, criminal action or proceeding concerning the incident.
The bill provides for the Attorney General or designee to present evidence concerning the incident to a county grand jury or a State grand jury, either one regularly impaneled or one requested to be impaneled by the Attorney General or the Director of the Division of Criminal Justice pursuant to N.J.S.2B:22-1 for this specific purpose, to determine if the evidence supports the return of an indictment against any involved officer. Any further investigation, criminal action or proceeding, following an indictment, is to be conducted under the law as any other investigation, criminal action or proceeding resulting from a grand jury indictment; provided that the venue for any such criminal action or proceeding will occur in a court located in a county other than the county in which the incident, resulting in the officer’s indictment, occurred.
The bill also notes that, consistent with existing public records law, the identity of each investigating and arresting officer involved when the person’s death occurred during the encounter with a police officer or other law enforcement officer acting in the officer’s official capacity or while the decedent was in custody would remain subject to public disclosure. See P.L.1963, c.73 (C.47:1A-1 et seq.).
The bill takes effect immediately upon enactment and applies to deaths occurring on or after the effective date of the bill.