Rutgers Law

New Jersey Statutes, Title: 52, STATE GOVERNMENT, DEPARTMENTS AND OFFICERS

    Chapter 17B: Establishment of department; "the department" defined

      Section: 52:17B-71d: Law enforcement license renewal, process.

          17. a. A law enforcement officer required to renew the officer's license or a person appointed as a permanent law enforcement officer prior to the effective date of P.L.2022, c.65 (C.52:17B-71a et al.) shall submit an application for law enforcement license renewal through the officer's employing law enforcement unit to the commission. The application for law enforcement license renewal shall be on a form adopted by the commission and shall require the law enforcement officer and the chief law enforcement officer of the officer's employing law enforcement unit to certify that the officer:

(1) is of good moral character as determined by a background investigation conducted under the procedures established by the commission;

(2) successfully meets and has completed all commission required physical and educational training courses;

(3) has not been convicted of:

(a) a crime in this State or any other state, territory, country, or of the United States, including a conviction of an offense which if committed in this State would be deemed a crime under either state or federal law without regard to its designation elsewhere;

(b) an act of domestic violence pursuant to P.L.1991, c.261 (C.2C:25-17 et seq.);

(c) an offense that would preclude an applicant from carrying a firearm as defined by N.J.S.2C:39-1;

(d) a disorderly persons offense or petty disorderly persons offense involving dishonesty, fraud, or a lack of good moral character, unless the commission determines the offense to be de minimis in nature or inconsequential to the applicant's ability to meet the standards expected of a law enforcement officer;

(e) two or more motor vehicle offenses for operating a motor vehicle while under the influence of drugs or alcohol pursuant to R.S.39:4-50 or two of more motor vehicle offenses for reckless driving pursuant to R.S.39:4-96; or

(f) any offense listed in subparagraph (b) through (e) of this paragraph committed in violation of the laws of another state, territory, country, or the United States.

(4) is not an active member of a group or organization that advocates for, espouses or promotes the overthrow of a local, state or federal government or discrimination or violence against or hatred or bias toward individuals or groups based on race, creed, color, national origin, ancestry, sex, marital status, sexual orientation, gender identity or expression, or any other protected characteristic under the "Law Against Discrimination," P.L.1945, c.169 (C.10:5-1 et seq.), and has not knowingly engaged in any activity, conduct, or behavior relating to the group or organization with the intent to support, endorse or advocate for, or which the officer knows or should know will have the effect of supporting, furthering, or advocating for, the goals of the group or organization, where active membership or knowing engagement undermines or tends to undermine public confidence in the ability of the individual law enforcement officer or the employing law enforcement agency to carry out the public safety mission, or where active membership or knowing engagement causes or threatens to cause substantial disruption to proper law enforcement functioning; and

(5) has not engaged in conduct or behavior in the officer's personal or professional life, including but not limited to, making statements, posting, sharing, or commenting in support of any posting on social media or otherwise that demonstrates, espouses, advocates or supports discrimination or violence against, or hatred or bias toward individuals or groups based on race, creed, color, national origin, ancestry, sex, marital status, sexual orientation, gender identity or expression, or any other protected characteristic under the "Law Against Discrimination," P.L.1945, c.169 (C.10:5-1 et seq.), where the conduct or behavior would undermine public confidence in the ability of the individual law enforcement officer or the employing law enforcement agency to carry out the public safety mission, or where the conduct or behavior would cause substantial disruption to proper law enforcement functioning.

b. A law enforcement officer who is unable to certify to any item enumerated in subsection a. of this section shall disclose to the commission the reason the officer cannot make the certification. The commission shall consider this information in determining whether the officer's license shall be renewed.

c. In addition to the information contained in the law enforcement license renewal application form, the commission may request any additional information it deems relevant to determine whether a law enforcement officer's license should be renewed. The information may include a summary of a law enforcement officer's internal affairs file, or the entire file as the commission deems necessary. An employing law enforcement unit or the law enforcement officer shall provide all additional information requested by the commission.

d. A license issued pursuant to section 14 of P.L.2022, c.65 (C.52:17B-71b) may be renewed administratively, under terms and conditions established by the commission, without requiring review by the licensing committee pursuant to subsection d. of section 9 of P.L.2022, c.65 (C.52:17B-71a) or conducting a hearing pursuant to section 19 of P.L.2022, c.65 (C.52:17B-71f), if the licensee and the licensee's employing law enforcement unit submit the certifications required pursuant to subsection a. of this section and if a notice of an employment action concerning the licensee has not been submitted to or is not required to be submitted to the commission in accordance with subsection b. of section 16 of P.L.2022, c.65 (C.52:17B-77.16a).

e. The license of a law enforcement officer who is active and in good standing and who has timely submitted a completed renewal application which the commission fails to act upon prior to the license expiration date shall be deemed in force and effect until the time as the commission acts upon the renewal application, provided that nothing in this subsection shall be construed to preclude the commission from exercising the authority provided under section 18 of P.L.2022, c.65 (C.52:17B-71e) during that interval or thereafter.

f. Any decision to deny a license renewal shall be accompanied by a written statement in a form to be prescribed by the commission.

L.2022, c.65, s.17.

This section added to the Rutgers Database: 2022-08-12 14:31:07.

Older versions of 52:17B-71d (if available):

Court decisions that cite this statute: CLICK HERE.