2024 New Jersey Revised Statutes
Title 40A - Municipalities and Counties
Section 40A:14-118.3 - Use of body worn camera by law enforcement officers.
Section 40A:14-118.3 - Use of body worn camera by law enforcement officers. This media-neutral citation is based on the American Association of Law Libraries Universal Citation Guide and is not necessarily the official citation.40A:14-118.3 Use of body worn camera by law enforcement officers.
1. a. Notwithstanding the provisions of any other law to the contrary and subject to the limit of funds appropriated or otherwise made available for this purpose, every uniformed State, county, and municipal patrol law enforcement officer shall wear a body worn camera that electronically records audio and video while acting in the performance of the officer's official duties, except:
(1) while engaging in an undercover assignment;
(2) when assigned to non-uniformed duties;
(3) while serving in an administrative position within the department;
(4) while meeting with a confidential informant;
(5) while engaging in union representation of a member of the collective bargaining group;
(6) when directed by the Chief or a superior officer for a lawful purpose;
(7) a detective or investigator of a county prosecutor's office or Division of Criminal Justice when authorized by the County Prosecutor or Attorney General; or
(8) as may be otherwise provided in accordance with guidelines or directives promulgated by the Attorney General.
b. In addition to funding provided through the annual appropriations act, the body worn cameras required by subsection a. of this section may be funded by forfeiture funds collected pursuant to N.J.S.2C:64-6, in an amount to be determined by the Attorney General , or any other source of funding made available for this purpose, including but not limited to federal grants.
c. For the purposes of this section, "body worn camera" means a mobile video recording system worn by a law enforcement officer.
The ruling was one of several the state's top court has issued on body-worn cameras since state lawmakers, in the wake of George Floyd's death at the hands of Minneapolis police in 2020, passed a law requiring all law enforcement officers in New Jersey to wear them to document their encounters with the public.
The ruling was one of several the state’s top court has issued on body-worn cameras since state lawmakers, in the wake of George Floyd’s death at the hands of Minneapolis police in 2020, passed a law requiring all law enforcement officers in New Jersey to wear them to document their encounters with the public.
Bill S4261
Session 2022 - 2023
Sponsored by:
Senator ANTHONY M. BUCCO
District 25 (Morris and Somerset)
SYNOPSIS
Prohibits disclosure of body worn camera recordings under certain circumstances.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning invasion of privacy and supplementing Title 2A of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. A person who has obtained a body worn camera recording pursuant to P.L.1963, c.73 (C.47:1A-1 et seq.), commonly known as the open public records act, and who is not a subject of the body worn camera recording shall not disclose the recording without the prior written consent of each subject of the body worn camera recording, unless the disclosure is for a legitimate public health or safety purpose or a compelling public interest.
b. A person who knowingly violates the provisions of subsection a. of this section shall be guilty of a disorderly persons offense.
c. In addition to any other right of action or recovery otherwise available under the laws of this State, a person who knowingly violates the provisions of subsection a. of this section shall be liable to a subject of the body worn camera recording, who may bring a civil action in the Superior Court.
The court may award:
(1) actual damages, but not less than liquidated damages computed at the rate of $1,000 for each violation of this section;
(2) punitive damages upon proof of willful or reckless disregard of the law;
(3) reasonable attorney’s fees and other litigation costs reasonably incurred; and
(4) other preliminary and equitable relief as the court determines to be appropriate.
d. A conviction for a disorderly persons offense pursuant to subsection b. of this section shall not be a prerequisite for a civil action brought pursuant to subsection c. of this section.
e. As used in this section:
“Body worn camera” means a mobile audio and video recording system worn by a law enforcement officer.
“Disclose” means to sell, manufacture, give, provide, lend, mail, deliver, transfer, publish, post, distribute, circulate, disseminate, present, exhibit, advertise, offer, share, or make available through the Internet or by any other means, whether or not for pecuniary gain.
“Law enforcement officer” means a person whose public duties include the power to act as an officer for the detection, apprehension, arrest, and conviction of offenders against the laws of this State.
"Subject of the body worn camera recording" means suspect, victim, detainee, conversant, injured party, or other similarly situated person who appears on the body worn camera recording, and shall not include a person who only incidentally appears on the recording.
2. This act shall take effect immediately.
STATEMENT
This bill prohibits the disclosure of body worn camera recordings obtained pursuant to the State’s open public records law under certain circumstances.
It has come to the sponsor’s attention that bad actors have been taking advantage of the State’s open public records law in order to exploit on social media young women who have been recorded on body worn cameras during law enforcement encounters. It is the sponsor’s intent to prevent such exploitation without limiting legitimate access to public records by the press or others.
Under the provisions of this bill, a person who has obtained a body worn camera recording pursuant to the open public records act and who is not a subject of the body worn camera recording is prohibited from disclosing the recording without the prior written consent of each subject of the body worn camera recording, unless the disclosure is for a legitimate public health or safety purpose or a compelling public interest.
A person who knowingly violates this provision is guilty of a disorderly persons offense. In addition to any other right of action or recovery available under the laws of this State, a person who knowingly violates this provision is also liable to a subject of the body worn camera recording, who may bring an action in Superior Court. The court may award: 1) actual damages, but not less than liquidated damages computed at the rate of $1,000 for each violation; 2) punitive damages upon proof of willful or reckless disregard of the law; 3) reasonable attorney’s fees and other litigation costs reasonably incurred; and 4) any other preliminary and equitable relief as the court determines to be appropriate.
Under the bill, “body worn camera” is defined as a mobile audio and video recording system worn by a law enforcement officer. The bill defines “subject of the body worn camera recording” as a suspect, victim, detainee, conversant, injured party, or other similarly situated person who appears on the body worn camera recording and does not include a person who only incidentally appears on the recording.
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