An Act concerning the power of municipal police officers and amending P.L.1976, c.45.

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

1. Section 1 of P.L.1976, c.45 (C.40A:14-156.1) is amended to read as follows:

1. The governing bodies of two or more municipalities may by reciprocal ordinances enter into agreements with each other for the provision of mutual police or fire aid [in case of emergency] whenever a municipal police force or fire department and force or volunteer fire company in any municipality requests aid and obtains approval from another jurisdiction to render aid within its boundaries. Such agreements may provide for:

a. The reimbursement of the municipality or municipalities rendering such aid, for any damage to police or fire equipment or other property, and for payment to any member of a police force or fire department and force or volunteer fire company for injuries sustained while serving pursuant to such agreements or to a surviving spouse or other dependent if death results;

b. A joint meeting of the municipalities entering into such agreements, for the selection of necessary officers or personnel, or for such other matters as are mutually deemed necessary; and

c. The acquisition of lands, and the establishment and maintenance of a central office. Real and personal property so acquired shall be held by such municipalities as tenants in common.

The governing body of a municipality may enter into an agreement with any authority created pursuant to an interstate compact for mutual police or fire aid in case of emergency. The agreement may contain provisions similar to the provisions in agreements between municipalities as provided above.

(cf: P.L.1997, c.79, s.1)

2. Section 2 of P.L.1976, c.45 (C.40A:14-156.2) is amended to read as follows:

2. a. Members of a police force or fire department and force or volunteer fire company in any municipality entering into any agreement hereunder, while on duty rendering assistance to any other municipality or interstate authority created pursuant to an interstate compact entering into said agreement, shall have the same powers, authority and immunities as have the members of the police force or fire department and force or volunteer fire company, as the case may be, of the municipality in which such assistance is being rendered or of the authority for which such assistance is being rendered.

b. The powers of members and officers of a police force acting pursuant to section 1 of P.L.1976, c.45 (C.40A:14-156.1) shall include all of the powers of peace officers and upon view may apprehend and arrest any disorderly person or any person committing a breach of the peace. The members and officers shall have the power to serve and execute process issuing out of courts having local criminal jurisdiction in the requesting municipality and shall have the powers of a constable in all matters other than in civil causes arising in such courts.

(cf: P.L.1997, c.79, s.2)

3. This act shall take effect immediately.

STATEMENT

This bill permits municipalities to enter into non-emergency mutual aid agreements which allow municipal police officers to arrest disorderly persons or persons committing a breach of peace outside of the territorial limits of their municipality when serving in an official capacity. In addition, this bill allows officers to serve and execute process issuing out of courts having local criminal jurisdiction in the requesting municipality.

Currently, such officers have the power to arrest disorderly persons or persons committing a breach of the peace and the power to serve process within a requesting municipality in emergency situations.