Sponsored by:

Assemblyman JOSEPH CRYAN

District 20 (Union)

SYNOPSIS

Increases sheriffs' fees for executing arrest warrants in Special Civil Part.

CURRENT VERSION OF TEXT

Introduced Pending Technical Review by Legislative Counsel

An Act concerning certain sheriffs' fees and amending N.J.S.2B:6-3.

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

1. N.J.S.2B:6-3 is amended to read as follows:

2B:6-3. Service of Process. a. The sheriff shall be responsible for service, or execution and return of process, orders, warrants and judgments directed to the sheriff, and shall be entitled to the compensation provided for by law and subject to the regulations and penalties pertaining to this service, execution and return.

b. In counties where there are officers of the Special Civil Part of the Law Division of the Superior Court, those officers shall be responsible for any personal service or execution and return of process, orders, warrants and judgments of the Special Civil Part as provided by court rule and shall be entitled to the compensation provided by law. If no Special Civil Part officers are available, these services shall be performed by the sheriff as provided by subsection a. of this section. [The] For all services other than warrants to arrest, capias or commitment, the sheriff shall receive the same compensation for performing these services as is provided by law for Special Civil Part Officers. For service of warrants to arrest, capias or commitment, the sheriff shall receive the same compensation as is provided by law for sheriffs and other officers pursuant to N.J.S.22A:4-8.

(cf: P.L.1991,c.119,s.1)

2. This act shall take effect on the 90th day following enactment.

STATEMENT

This bill would increase the fees currently paid to sheriffs for executing arrest warrants in the Special Civil Part.

N.J.S.A.2B:6-3 provides that in counties where there are Special Civil Part officers, those officers are responsible for executing warrants and service of process. If no Special Civil Part officer is available, the sheriff is required to carry out these functions. Because sheriff's officers have law enforcement training and carry firearms, they may be viewed by the court as more suitable to carry out the potentially dangerous job of executing arrest warrants, and be directed by the court to do so.

Currently, N.J.S.A.2B:6-3 provides that when sheriffs execute arrest warrants in the Special Civil Part, they are to be compensated at the same rate as Special Civil Part officers. The compensation for Special Civil Part officers for executing arrest warrants, set out in N.J.S.A.22A:2-37.2, is $15.

This bill would increase the amount paid to sheriffs for executing arrest warrants in Special Civil Part to $48, which is the same amount they are compensated for executing arrest warrants not arising out of Special Civil Part. This fee is set out in N.J.S.A.22A:4-8.