An Act authorizing Class Three special law enforcement officers to provide security at public and private colleges and amending P.L.1985, c.439.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. Section 4 of P.L.1985, c.439 (C.40A:14-146.11) is amended to read as follows:

4. a. A person shall not commence the duties of a special law enforcement officer unless the person has successfully completed a training course approved by the commission and a special law enforcement officer shall not be issued a firearm unless the officer has successfully completed the basic firearms course approved by the commission for permanent, regularly appointed police and annual requalification examinations as required by subsection b. of section 7 of P.L.1985, c.439 (C.40A:14-146.14). There shall be three classifications for special police officers. The commission shall prescribe by rule or regulation the training standards to be established for each classification. Training may be in a commission approved academy or in any other training program which the commission may determine appropriate. The classifications shall be based upon the duties to be performed by the special law enforcement officer as follows:

(1) Class One. Officers of this class shall be authorized to perform routine traffic detail, spectator control, and similar duties. If authorized by ordinance or resolution, as appropriate, Class One officers shall have the power to issue summonses for disorderly persons and petty disorderly persons offenses, violations of municipal ordinances, and violations of Title 39 of the Revised Statutes. The use of a firearm by an officer of this class shall be strictly prohibited and a Class One officer shall not be assigned any duties which may require the carrying or use of a firearm.

(2) Class Two. Officers of this class shall be authorized to exercise full powers and duties similar to those of a permanent, regularly appointed full-time police officer. The use of a firearm by an officer of this class may be authorized only after the officer has been fully certified as successfully completing training as prescribed by the commission.

(3) Class Three. Officers of this class shall be authorized to exercise full powers and duties similar to those of a permanent, regularly appointed full-time police officer while providing security at a public or nonpublic school [or a], county college, or four-year public or independent institution of higher education on the school [or], county college, or four-year institution of higher education premises during hours when the [public or nonpublic] school [or], county college, or four-year institution of higher education is normally in session or when it is occupied by [public or nonpublic] school [or], county college, or four-year institution of higher education students or their teachers or professors. While on duty in the jurisdiction of employment, an officer may respond to offenses or emergencies off school [or], county college, or four-year institution of higher education grounds if they occur in the officer's presence while traveling to a school facility [or], county college, or four-year institution of higher education, but an officer shall not otherwise be dispatched or dedicated to any assignment off school [or], county college, or four-year institution of higher education property.

The use of a firearm by an officer of this class shall be authorized pursuant to the provisions of subsection b. of section 7 of P.L.1985, c.439 (C.40A:14-146.14). An officer of this class shall not be authorized to carry a firearm while off duty unless the officer complies with the requirements set forth in subsection l. of N.J.S.2C:39-6 authorizing a retired law enforcement officer to carry a handgun.

b. The commission may, in its discretion, except from the requirements of this section any person who demonstrates to the commission's satisfaction that the person has successfully completed a police training course conducted by any federal, state, or other public or private agency, the requirements of which are substantially equivalent to the requirements of [this act] P.L.1985, c.439 (C.40A:14-146.8 et al.).

c. The commission shall certify officers who have satisfactorily completed training programs and issue appropriate certificates to those officers. The certificate shall clearly state the category of certification for which the officer has been certified by the commission.

d. [All special law enforcement officers appointed and in service on the effective date of this act may continue in service if within 24 months of the effective date of this act they will have completed all training and certification requirements of this act] (Deleted by amendment, P.L. , c. ) (pending before the Legislature as this bill)

(cf: P.L.2016, c.68, s.2)

2. This act shall take effect on the first day of the seventh month next following enactment, but the Police Training Commission and the Secretary of Higher Education may take any anticipatory action prior to the effective date needed for the timely implementation of this act.

STATEMENT

This bill authorizes Class Three special law enforcement officers to provide security at four-year public and private colleges in this State.

P.L.2016, c.68 established an additional category of "Class Three" special law enforcement officers under the Special Law Enforcement Officers' Act. The law currently authorizes these part-time officers to provide security in this State's public and nonpublic schools and county colleges. A person is eligible to be appointed as a Class Three special law enforcement officer if he or she is a retired police officer, less than 65 years old, and has served as duly qualified, fully-trained, full-time municipal or county police officer or was regularly employed as a full-time member of the State Police. The person also has to be physically capable of performing the job and have the appropriate law enforcement and safe schools resource officer training.

The bill expands the scope of those locations where Class Three special law enforcement officers are authorized to provide security to also include four-year public and independent institutions of higher education.