52:17B-236.16 Prohibition on racially influenced policing.
3. a. A law enforcement officer shall not engage in conduct constituting racially influenced policing. A law enforcement officer shall not consider a person’s race or ethnicity as a factor in drawing an inference or conclusion that the person may be involved in criminal activity or as a factor in exercising police discretion as to how to stop or otherwise treat the person, except when responding to a suspect-specific or investigation-specific “Be on the Lookout” situation. b. Except as set forth in subsections d. and f. of this section, a State, county, or municipal law enforcement agency or officer shall not: (1) stop, question, arrest, search, or detain any individual based solely on actual or suspected citizenship or immigration status or actual or suspected violations of federal civil immigration law; or (2) inquire about the immigration status of any individual, unless it is necessary for an ongoing investigation of an indictable offense by that individual and relevant to the offense under investigation. c. Except as set forth in subsections d. and f. of this section, a State, county, or municipal law enforcement agency or officer shall not provide the following assistance to federal immigration authorities when the sole purpose is to enforce federal civil immigration law: (1) participate in civil immigration enforcement operations; (2) provide any non-public personally identifying information regarding any individual. This information includes a social security number, credit card number, unlisted telephone number, driver’s license number, vehicle license plate number, insurance policy number, and active financial account number and may include the address, telephone number, or email address for an individual’s home, work, or school if that information is not readily available to the public; (3) provide access to any State, county, or municipal law enforcement equipment, office space, database, or property not available to the general public; (4) provide access to a detained individual for an interview, unless the detainee signs a written consent form that explains the purpose of the interview, that the interview is voluntary, that the individual may decline to be interviewed, and that the individual may choose to be interviewed only with legal counsel present; (5) provide notice of a detained individual’s upcoming release from custody, unless the detainee: (a) is currently charged with or has ever been convicted of, adjudicated delinquent for, or found not guilty by reason of insanity of a violent or serious offense. A violent or serious offense includes any first- or second-degree offense, as defined in N.J.S.2C:43-1; any indictable domestic violence offense as defined by P.L.1991, c.261 (C.2C:25-19); domestic violence assault as defined by paragraph (2) of subsection a. of P.L.1991, c.261(C.2C:25-19); assault pursuant to N.J.S.2C:12-1; knowingly leaving the scene of a motor vehicle accident resulting in serious bodily injury pursuant to section 2 of P.L.1997, c.111 (C.2C:12-1.1); stalking pursuant to section 1 of P.L.1992, c.209 (C.2C:12-10); throwing bodily fluid at officers pursuant to section 2 of P.L.1997, c.182 (C.2C:12-13); criminal sexual contact pursuant to N.J.S.2C:14-3; exposing genitals to minors under the age of 13 and other vulnerable populations pursuant to subsection b. of N.J.S.2C:14-4; bias intimidation pursuant to section 1 of P.L.2001, c.443 (C.2C:16-1); arson pursuant to N.J.S.2C:17-1; causing widespread injury or damage pursuant to N.J.S.2C:17-2; burglary pursuant to N.J.S.2C:18-2 and sections 1 and 2 of P.L.2024, c.83 (C.2C:18-2.1 and C.2C:18-2.2); endangering the welfare of children pursuant to N.J.S.2C:24-4; witness tampering and retaliation pursuant to N.J.S.2C:28-5; eluding a law enforcement officer pursuant to subsection b. of N.J.S.2C:29-2; hindering apprehension or prosecution pursuant to paragraph (5) of subsection a. of N.J.S.2C:29-3, paragraph (2) of subsection b. of N.J.S.2C:29-3, and paragraph (3) of subsection b. of N.J.S.2C:29-3; criminal contempt pursuant to N.J.S.2C:29-9; manufacture, transportation, or possession of weapons pursuant to N.J.S.2C:39-3, N.J.S.2C:39-5, section 6 of P.L.1979, c.179 (C.2C:39-7), or N.J.S.2C:39-9; aggravated hazing pursuant to subsection b. of section 1 of P.L.1980, c.169 (C.2C:40-3); or any indictable offense under the law of another jurisdiction that is the substantial equivalent to an offense described in this subparagraph; (b) has been convicted of an indictable crime other than a violent or serious offense within the past five years; or (c) is subject to a Final Order of Removal that has been signed by a federal judge and lodged with the county jail or State prison where the detainee is being held; or (6) continue the detention of an individual past the time the individual would otherwise be eligible for release from custody solely based on a civil immigration detainer request, unless the detainee: (a) is currently charged with or has ever been convicted of, adjudicated delinquent, or found not guilty by reason of insanity of a violent or serious offense as defined in subparagraph (a) of paragraph (5) of this subsection; (b) has been convicted of an indictable crime other than a violent or serious offense in the past five years; or (c) is subject to a Final Order of Removal that has been signed by a federal judge and lodged with the county jail or State prison where the detainee is being held. Any detention pursuant to paragraph (6) of this subsection shall not continue past 11:59 p.m. on the calendar day on which the person would otherwise have been eligible for release. d. Nothing in subsections b. or c. of this section shall be construed to restrict, prohibit, or in any way prevent a State, county, or municipal law enforcement agency or official from: (1) enforcing the criminal laws of this State; (2) complying with all applicable federal, State, and local laws; (3) complying with a valid judicial warrant or other court order or responding to any request authorized by a valid judicial warrant or other court order; (4) participating with federal authorities in a joint law enforcement taskforce, the primary purpose of which is unrelated to federal civil immigration enforcement; (5) requesting proof of identity from an individual during the course of an arrest or when legally justified during an investigative stop or detention; (6) asking an arrested individual for information necessary to complete the required fields of a law enforcement fingerprinting database, including information about the arrestee’s place of birth and country of citizenship; (7) inquiring about a person’s place of birth on a correctional facility intake form and making risk-based classification and assignments in the facility; (8) providing federal immigration authorities with information that is publicly available or readily available to the public in the method the public can obtain it; (9) when required by exigent circumstances, providing federal immigration authorities with aid or assistance, including access to non-public information, equipment, or resources; or (10) sending to, maintaining, or receiving from federal immigration authorities information regarding the citizenship or immigration status, lawful or unlawful, of any individual. e. A State, county, or municipal law enforcement authority shall not enter into, modify, renew, or extend any agreement to exercise federal immigration authority pursuant to Section 287(g) of the Immigration and Nationality Act, 8 U.S.C. s. 1357(g), and shall not exercise any law enforcement authority pursuant to a preexisting Section 287(g) agreement. f. The provisions of this section shall not apply to law enforcement agencies that currently are party to an Intergovernmental Service Agreement to detain individuals for civil immigration enforcement purposes when they are acting pursuant to an agreement. L.2026, c.5, s.3.