An Act concerning certain federal law enforcement officers and amending P.L.1983, c.268.

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

1. Section 1 of P.L.1983, c.268 (C.2A:154-5) is amended to read as follows:

1. The following persons employed as full-time law enforcement officers by the Federal Government, who are empowered to effect an arrest with or without warrant for violations of the United States Code and who are authorized to carry firearms in the performance of their duties, shall be empowered to act as an officer for the arrest of offenders against the laws of this State where the person reasonably believes that a crime of the first, second or third degree is or is about to be committed or attempted in his presence:

Federal Bureau of Investigation special agents;

United States Secret Service special agents;

Immigration and Naturalization Service special agents, investigators and patrol officers;

United States Marshal Service deputies;

Drug Enforcement Administration special agents;

United States Postal inspectors;

United States Postal police officers while in the performance of

their official duties;

United States Customs Service special agents, inspectors and patrol officers;

United States General Services Administration special agents;

United States Department of Agriculture special agents;

Bureau of Alcohol, Tobacco and Firearms special agents;

Internal Revenue Service special agents and inspectors;

Department of the Interior special agents, investigators, and park rangers;

Federal Reserve law enforcement officers while in the performance of their official duties; [and]

United States Department of Defense police officers; and

United States Department of Commerce, special agents and enforcement officers of the National Oceanic and Atmospheric Administration's Fisheries Office of Law Enforcement.

(cf: P.L.2008, c.42, s.2)

2. This act shall take effect immediately.

STATEMENT

This bill would empower special agents and enforcement officers in the National Oceanic and Atmospheric Administration (NOAA) Fisheries Office of Law Enforcement to make arrests in New Jersey for violations of State law constituting crimes of the first, second or third degree.

To qualify for these State powers of arrest under current law, federal law enforcement officers must be empowered to effect an arrest for a violation of federal law and authorized to carry a firearm in the performance of their duties. Fifteen classes of federal law enforcement officers have been afforded this authority, most recently Federal Reserve law enforcement officers while in the performance of their official duties and United States Department of Defense police officers.

This bill would expand this list to include special agents and law enforcement officers of the NOAA Fisheries Office of Law Enforcement. These agents and officers enforce laws that protect and conserve marine resources and their natural habitats. They enforce over 37 federal statutes, state laws and related treaties. They investigate civil and criminal violations, seize illegal property and contraband and conduct criminal information gathering. The office also operates several vessels which perform patrols and inspections, partnering with the United States Coast Guard, Bureau of Immigration and Customs Enforcements, Civil Air Patrol, and State enforcement agencies. The office has a joint enforcement agreement with the Division of Fish and Wildlife (DFW) in the State Department of Environmental Protection and share police powers and office space with the DFW. As they are performing the same law enforcement functions as the DFW law enforcement officers, they should be granted the same arrest powers as other federal law enforcement officers.