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 Veterans Affairs Office of Inspector General special agents.

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

2. This act shall take effect immediately.

STATEMENT

This bill would empower special agents in the United States Department of Veterans Affairs Office of Inspector General 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 in the United States Department of Veteran Affairs Office of Inspector General. Under the bill, special agents in the Office of the Inspector General (OIG) in the United States Department of Veteran Affairs would be specifically authorized to make arrests for violations of State law. The OIG is dedicated to ensuring that veterans and their families receive the services they need and deserve. Several divisions of OIG include the Office of Investigations, the Office of Audit, and the Office of Healthcare Inspections. Special agents employed in the Office of Investigations conduct nationwide investigations of complaints or allegations of federal law violations, including complex issues such as procurement fraud, bribery or benefits fraud and crimes against persons and property, such as patient abuse or theft of government property.

These special agents also act as liaisons with other federal, state, and local law enforcement agencies and work jointly with investigators in other federal agencies to investigate program fraud and other federal crimes. They often participate on regional fugitive task forces dedicated to investigating and apprehending dangerous and violent fugitives. It is important that the United States Department of Veteran Affairs Office of Inspector General special agents be accorded the same police powers other federal law enforcement officers are afforded under P.L.1983, c.268 (C.2A:154-5) when operating in this State.