Governor also signs bill requiring all State Police jobs to be posted

 

(TRENTON)— Governor James E. McGreevey today signed Bill S-429, which bans racial profiling.  McGreevey was joined by Acting Attorney General Peter C. Harvey, Senator Wayne Bryant, Assemblyman William D. Payne, Assemblywoman Bonnie Watson Coleman and the Reverend Reginald Jackson of the Black Ministers Coalition.

 

“For years, minority motorists have complained of being the victims of racial profiling,” said McGreevey.  “They have complained of being illegally targeted, stopped, harassed and searched based on their race or ethnicity.  This bill makes racial profiling a criminal act.”

 

Under the bill, if a public official knowingly commits an unlawful act with the purpose to intimidate or discriminate against another because of race, color, gender, ethnicity, handicap, religion, or sexual orientation and the act results in the violation of the personal or property rights of another, it will be deemed a criminal action.

 

"We are committed to eradicating racial profiling in New Jersey," said Harvey.  "The Division of State Police has made tremendous strides in meeting the mandates of the Consent Decree, as affirmed by the independent monitors, and we are developing a comprehensive training program for use by local police departments that will target discriminatory policing. This new law is another safeguard to ensure that citizens will not face discriminatory law enforcement in New Jersey.  We are committed to the principle of equal justice under law."

 

“This new law will end the practice of knowingly intimidating or discriminating against individuals,” Senator Bryant said. “Racial profiling by some of our law enforcement officers has pointed out the necessity to have a law to criminalize this practice. Now, every individual - regardless of race, color, religion, gender, handicap, sexual orientation or ethnicity - is guaranteed their basic constitutional rights under the law. This law will help change a culture of acceptance of civil rights infractions committed by police officers and other public servants upon minorities. With this new law, it is made very clear that no one is above the law and that protecting the civil rights of every citizen of the State is paramount.”

 

"This is a significant first step in resolving the issue of racial profiling which has been prevalent in New Jersey and other states for some time," said Assemblyman Payne, who helped formulate a legislative package based on a series of hearings in 1999 held by the New Jersey Black and Latino Caucus. "Enactment of this law is a signal to motorists that we intend to do everything possible to eradicate this unjust practice and hopefully other states will follow our lead."

 

The bill also creates a new crime of “pattern of official misconduct” which would occur if a person commits acts of official misconduct or official deprivation of civil rights on two or more occasions.  The separate violations do not have to be related.

 

"With the enactment of this bill into law, New Jersey has addressed a significant lapse in the protection of civil rights and criminalized the practice of racial profiling," said Senator Joseph Charles, D-Hudson, chairman of the Legislature's Black, Latino and Asian Caucus. "Now, those who talk of colorblind government have an important tool in seeing that that becomes a reality."

 

"Today New Jersey has taken a significant step forward in protecting the rights of equity and justice for all persons," said Senator Nia H. Gill.  "More than thirty years have passed since the Civil Rights Movement in this country, and yet some public officials still choose to use their power for discrimination and intimidation.  It is my sincere hope that this law will reinforce the messages of the Civil Rights Movement for these officials--that each individual is entitled to dignity, respect, and equitable treatment."

 

"This is a signal to all citizens, police officers and civil servants that New Jersey is taking a major step in eliminating discriminatory behavior based on race," said Assemblyman Wilfredo Caraballo. "We want this message taken across the nation."

 

"It is time to heal the wounds of past acts of bigotry, hate and bias," said Assembly Deputy Majority Leader Neil M. Cohen. "New Jersey is setting an example for the whole nation to follow that we won't tolerate degrading and humiliating treatment of our citizens."

 

"This law ensures that minority motorists will no longer have to drive scared when traveling on the state's roads," said Assemblyman Gordon M. Johnson. "Now we can attempt to rebuild the minority community's confidence in our public servants."

 

"The reforms contained in this law will make all public servants more responsive and responsible," said Assemblyman John F. McKeon. "New Jersey will be a national leader in eradicating these despicable practices once and for all."

 

The legislation does not prohibit law enforcement officers from initiating investigative stops based upon information contained in a “be on the lookout” description.  The law also does not prevent law enforcement officers from using race or ethnicity as a means of identifying or apprehending a known suspect or wanted person if that information is provided as one of several identifying characteristics.

 

McGreevey also signed bill S-412, which requires the Superintendent of the State Police to prepare and regularly update a catalogue listing all enlisted officer and officer employment titles and positions in the State Police.  It also requires that job descriptions be required for each title and position.

 

The bill also requires that no appointment can be made to a special title or position until a notice announcing the title or position has been posted.  The notice must be posted conspicuously at division headquarters, each troop headquarters and all the other division facilities.  Adequate time must also be given to permit interested and qualified officers and troopers to apply.

 

“This bill ensures that everyone in the State Police has the same opportunity to apply for jobs within the ranks,” said McGreevey.  “The two bills that I have signed today are part of the ongoing process of ensuring that New Jersey has the highest standards of law enforcement in the nation.”