An Act concerning the Body Armor Replacement fund and amending P.L.1997, c.177.

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

1. Section 1 of P.L.1997, c.177 (C.52:17B-4.4) is amended to read as follows:

1. There is created in the Department of Law and Public Safety a nonlapsing revolving fund to be known as the "Body Armor Replacement" fund. This fund shall be the repository for moneys provided pursuant to subsection d. of R.S.39:5-41 and shall be administered by the Attorney General. Moneys deposited in the fund, and any interest earned thereon, shall be used exclusively for the purpose of making grants to local law enforcement agencies, the Division of State Police, the Division of Criminal Justice, the Administrative Office of the Courts , the New Jersey Society for the Prevention of Cruelty to Animals and each county society for the prevention of cruelty to animals, and the Department of Corrections for the purchase of body vests for the law enforcement officers, investigators, probation officers, humane law enforcement officers, and corrections officers of those agencies. Of the moneys deposited into the fund, an amount not to exceed $75,000 shall be allocated annually to the Department of Law and Public Safety exclusively for the administration of the grant program.

The grant program shall be designed to effectuate a five-year vest replacement cycle, to the extent practicable, for local law enforcement officers, the officers and troopers of the State Police, investigators in the Division of Criminal Justice and State corrections [and], probation officers, and humane law enforcement officers of the New Jersey Society for the Prevention of Cruelty to Animals and of the county societies. The Attorney General shall provide for the distribution of the initial grants in a manner which is conducive to establishing a balance among the number of local law enforcement officers who are eligible for vest replacement grants in each year of the five-year cycle. In the same manner and to the greatest extent practicable, the Attorney General shall establish a grant distribution schedule for the officers and troopers of the State Police [and], investigators in the Division of Criminal Justice , and humane law enforcement officers of the New Jersey Society for the Prevention of Cruelty to Animals and of the county societies that provides for a balance among the number of officers, troopers [and], investigators, and humane law enforcement officers, receiving vest replacements in each year of the five-year cycle. In
establishing a distribution schedule for State corrections and probation officers, the Attorney General shall give first priority to those State corrections officers assigned inmate supervision and control responsibilities in the State's maximum security correctional facilities and second priority to those officers assigned inmate supervision and control responsibilities in the State's medium security correctional facilities. The distribution schedule for State corrections and probation officers shall be based on a five-year cycle, but need not provide for a balance among the number of officers receiving vests in each year of the five-year cycle. The number of probation officers, the replacement of whose vests shall be funded from grants under this section, shall not exceed 200.

The Attorney General shall promulgate rules and regulations to implement this grant program. Those rules and regulations shall include, but not be limited to application procedures for local law enforcement agencies seeking vest replacement grants; criteria, such as crime rates and the age and condition of the body vests currently utilized by a local law enforcement agency's officers, to prioritize the awarding of grants; and guidelines identifying those body vests, by manufacturer or brand name, which may be purchased with grant moneys.

As used in this section:

"Body vest" means bullet resistant body armor which is intended to provide ballistic and trauma protection; [and]

"Probation officer" means a probation officer whose daily duties expose the officer to a substantial risk of assault by deadly weapon; and

"Humane law enforcement officer" shall have the same meaning as set forth in section 1 of P.L.2005, c.372 (C.4:22-11.1).

(cf: P.L.1999, c.360, s.1)

2. This act shall take effect immediately.

STATEMENT

This bill expands the law enforcement agencies eligible to receive grants from the Body Armor Replacement fund to include the New Jersey Society for the Prevention of Cruelty to Animals (NJSPCA) and each county society for the prevention of cruelty to animals. The bill specifically authorizes these agencies to purchase with such grants replacement body vests for humane law enforcement officers of the NJSPCA and of the county societies.

Under current law, humane law enforcement officers are duly commissioned by the Superintendent of State Police to possess, carry, or use a firearm while enforcing any law or ordinance for the protection of animals while on duty or on call, and are trained by the Police Training Commission.

The NJSPCA was originally incorporated pursuant to an act of the Legislature in 1868. The primary focus of the NJSPCA is animal cruelty investigation, humane education, and promoting the overall welfare of animals.