Many new drivers are unaware of their rights and proper protocol when being pulled over by a police officer. To help educate residents to that extent, a bill encouraged by national dialogue on incidents occurring during routine law enforcement stops was approved by the full Assembly, 78-0.

“Teaching drivers their rights as wells as how to safely interact with police during a stop must be a part of the driver curriculum. Surprisingly, the New Jersey Driver’s Manual currently does not include any language referencing what to do if stopped for a traffic violation,” said Karabinchak (D-Middlesex). “We are a diverse state comprised of many cultural backgrounds. Many new drivers may have their own perceptions of the police and do not know what a police stop entails. This bill aims to correct that discrepancy with a visual aid and tutorial of a standard police stop. An equally prepared driver and officer will make for more ‘safe stops’.”

The legislation (A-3871) — sponsored by Assembly Democrats Robert Karabinchak and Jamel Holley—would require a potential driver to watch a video, created by the Motor Vehicle Commission (MVC) and the Attorney General, before they take a written examination for a validated permit.  The video will explain the rights and responsibilities of a driver stopped by a law enforcement officer.

“Over the years, police-involved shootings of unarmed people of color have made national news time and time again. These particular incidents have fueled conversations on how we can better prepare our communities for interactions with police,” said Holley (D-Union). “The one way we can, in conjunction with the policies many police departments have already put into place, is to help drivers understand their rights and what to expect as the driver of the vehicle if they are ever pulled over. At the end of the day, we want to make sure the members of our community and our police officers get home safely.”

The State Troopers Fraternal Association applauds the bill sponsors on taking the initiative in improving police and community relations and public safety with this legislation.

“Assuming control of a motor vehicle is a tremendous responsibility for all drivers but especially new and young drivers. Police officers in the State of New Jersey are among the most highly trained and professional in the nation and continually practice fair enforcement of the State’s traffic laws while ensuring the safety of the public and the police,” said Wayne Blanchard, President of the New Jersey State Troopers Fraternal Association. “This bill underscores and the importance of educating new and young drivers on the importance of knowing their Rights on a motor vehicle stop but more importantly their safe and respectful interaction with police officers during the course of the motor vehicle stop. This will ensure that the motor vehicle stop ends in a safe and positive manner. Unfortunately, new and young drivers are susceptible to extreme misguidance by the media and other outlets with incorrect information as to what they are entitled to during an encounter with police officers which ultimately results in a breakdown in police and community relations.”

The bill also requires the MVC to expand the written examination to include a question, developed in conjunction with the Attorney General, testing the applicant’s knowledge of the rights and responsibilities of a driver stopped by a law enforcement officer.

It will now go to the Senate for further consideration.

Advocates Support Legislation to Help County Efforts with Violence Prevention

Legislation establishing a Division on Violence Prevention and Intervention was introduced recently by Assemblyman Jamel Holley (D-Union).

The bill (A-4563) would create a Division on Violence Prevention and Intervention within the Department of Law and Public Safety. The division would help to ensure that each county provides access to well-coordinated violence prevention resources to residents.

“We can do more to help counties reduce all forms of violence in their communities with access to the right resources,” said Holley (D-Union). “Centralizing these resources in one division with a charge that focuses only on violence reduction and prevention will help.”

Recent reports say New Jersey has seen a surge in fatal shootings this year, 19 percent. Domestic violence cases in New Jersey have been predicted to rise under the restraints of the COVID-19 pandemic.

“We are all concerned about the recent news of increased shootings in the state. We also need to continue to worry about helping families in domestic violence situations receive the help they need,” continued Holley. “Designating one person to lead the charge to help counties identify their needs and the best programs to assist them is critical to reducing violence throughout the state.”

“Violence in America is a public health crisis. This legislation will establish an ongoing focus on methods to prevent violence. It’s a welcome initiative to improve the quality of life of all New Jersey residents,” said Former Senator Raymond Lesniak for the Lesniak Institute for American Leadership.

“Finally this bill comes at the right time. Violence continues to destroy lives and disrupt communities. Assemblyman Holley’s courageous efforts will help to prevent gun violence, domestic violence, and police brutality such as the incident that led to the death of George Floyd,” said Salaam Ismail, Director National United Youth Council Inc.

Under the bill, the division would be led by a Director of Violence Prevention and Intervention, who would be appointed by the Attorney General. The director is authorized under the bill to apply for and accept on behalf of the State any grants from the Federal Government or agency, or from any foundation, corporation, association or person, for any of the purposes of the division.

The bill would require the county prosecutor in each county to appoint or designate a violence prevention and intervention coordinator, who not an employee of the county prosecutor’s office.

Among the program coordinator’s duties are creating a directory of existing violence prevention services and activities in the county; recommending services to be funded by local governing bodies; and developing a network of volunteers and mentors within the community who can address issues such as youth violence and suicide prevention.

This measure implements one of the recommendations of New Jersey’s independent Study Commission on Violence in its report issued in October 2015.

The legislation is positioned for committee referral and review by the Assembly Speaker.

TRENTON - When the COVID-19 pandemic rocked New Jersey in mid-March and sent home 1.4 million school children for the rest of the 2019-20 school year, parents were scrambling to provide at-home child care and academic instruction as the economy collapsed.

With Wednesday’s announcement from Gov. Phil Murphy allowing school districts unable to provide a safe learning environment to offer remote learning, many parents are facing the same dilemma: To stay home with their children or go to work.

Assemblyman Jamel Holley (D-20^thDist.) said New Jersey families cannot afford any more mandated at-home learning and child care. That is why he is proposing legislation this afternoon that would give working families grants for tutoring and child care services, funded through the federal CARES Act, known as the “New Jersey Family Child Care and Tutoring Relief Act.”

In an effort to improve the convenience of zero-emission vehicles (ZEVs), including electric and hydrogen fuel cell-powered cars, four Assembly Democrats have sponsored legislation that would require New Jersey municipalities to consider the inclusion of fueling and charging infrastructure in their redevelopment projects.

Upon the bill (A-1653) passing the full Assembly Thursday, 70-2-1, sponsors Annette Quijano (D-Union), Nancy Pinkin (D-Middlesex), Robert Karabinchak (D-Middlesex) and Jamel Holley (D-Union) released the following joint statement:

“More people are using zero-emission vehicles now than ever before. This is due in part to the hundreds of dollars ZEV drivers save each year on gas. These vehicles are also better for our planet than gasoline cars because they don’t create byproducts that can harm the environment.

“The Assembly passed quite a few bills last session to encourage the purchase of ZEVs, and we must continue our efforts of finding ways to make these cars more convenient for both current and prospective owners.

“This legislation will encourage municipalities to incorporate charging and refueling stations in their redevelopment plans to increase the number of stations throughout our state. The more places our residents can go to recharge or refuel their ZEV, the more practical and appealing these vehicles will be.”

Moving to create more equitable laws on the possession and personal use of cannabis and establish expedited and virtual expungements, the full Assembly approved legislation Thursday, 63-10-5, sponsored by Assembly members Benjie Wimberly, Annette Quijano, Jamel Holley, Britnee Timberlake and Angela McKnight.

“This is only one piece of the many parts of change that must be done in the name of social justice for our communities. The War on Drugs in many ways became a war on particular communities, incarcerating millions of people and affecting families irreparably for decades,” said Wimberly (D-Bergen, Passaic). “The action we take now to help our black and brown communities who have been disproportionately affected by current laws surrounding cannabis use is critical to trauma for future generations.”

“There have been far too many people, especially those from Black and Hispanic communities, who have been negatively impacted by the criminalization of cannabis,” said Quijano (D-Union). “There have been long term impacts on the lives of all people in this state, but considerably those of color. This legislation is the product of taking a hard look at our current laws, listening to the will of the majority of New Jerseyans and taking a common-sense approach to cannabis offenses.”

The bill (A-1897) provides for certain criminal and civil justice reforms, particularly with respect to legal consequences associated with certain cannabis offenses as well as broadening awareness of available expungement relief.

“Black New Jerseyans are up to four times more likely to be arrested on cannabis charges than White people. It is a sad fact, a further painful reminder that so people in our communities have been disenfranchised for far too long,” said Assemblyman Jamel Holley (D-Union). “There have always been glaring social justice concerns and obvious inequity in the high number of arrests of minority residents. Now, finally, is the time for it to stop.”

New Jersey law enforcement officers made over 24,000 arrests for marijuana possession in 2012, more than in the previous 20 years – approximately one every 22 minutes. African Americans are nearly three times more likely to be arrested for cannabis passion than white New Jerseyans, despite similar usage rates with white counterparts. Cannabis possession arrests also constituted three out of five drug arrests in 2012.

The state spends approximately $127 million per year on cannabis possession enforcement costs.

“It’s time for the change we seek,” said McKnight (D-Hudson). “New Jersey residents are not happy with the status quo and we need to move in a direction of compassion for the communities that have long been targeted by current regulatory criteria. The call for action, for social justice reform, is resounding throughout our nation. And it begins with legislation such as this.”

“Decriminalization and expungement for those who have been disproportionately incarcerated for marijuana offenses is well overdue in New Jersey and many other states throughout this nation,” said Timberlake (D-Essex). “A criminal marijuana charge has a detrimental effect on an individual’s opportunity to access higher education, obtain gainful employment, receive housing support, and address child custody issues.  Not all communities are impacted equally by marijuana enforcement, measures to reduce the collateral consequences of criminal records are ones of racial, social, and economic justice. This legislation is about social justice for a people who have endured the inequities in the law for generations.”

The bill would regrade the unlawful distribution of, or possessing or having under control with intent to distribute, less than five pounds of marijuana or less than one pound of hashish.

Under current law, distribution of less than five pounds, but at least one ounce or more, of marijuana, or distribution of less than one pound, but at least five grams or more, of hashish, is punishable as a crime of the third degree; this crime can be punishable by a term of imprisonment of three to five years, a fine of up to $25,000, or both.  Distribution of any smaller amounts, that is, less than one ounce of marijuana or less than five grams of hashish, is punishable as a crime of the fourth degree; this crime can be punishable by a term of imprisonment of up to 18 months, a fine of up to $10,000, or both.

As cities throughout the state move to recognize Juneteenth as a day of remembrance and reflection in their communities, Assembly Democrats Verlina Reynolds-Jackson, Jamel Holley, and Benjie Wimberly sponsor legislation to have the historical commemoration designated as a state and public holiday in New Jersey.

The bill (A-4315) would designate the third Friday in June in each year as Juneteenth Day, which commemorates June 19, 1865, when Union General Gordon Granger rode into Galveston, Texas to inform enslaved Africans of the 1863 Emancipation Proclamation and their freedom.  The announcement from General Granger led to celebration and jubilation, which has continued each year in various forms throughout the United States for over 150 years.

The sponsors—Assemblywoman Reynolds-Jackson (D-Mercer, Middlesex, Hunterdon), and Assemblymen Holley (D-Union) and Wimberly (D-Bergen, Passaic)— issued the following statement on the legislation:

“We’re at another set of crossroads in this country’s history—just as we were in 1863— where we can decide to move humanity forward by once again acknowledging the wrongs committed against African Americans and taking bold action to correct them.

    “A visual illustration of the impact of centuries of systematic and institutionalized racism has our country reeling over the question, “Why?” Why does this continue to persist in our communities today?

    “Juneteenth was a defining moment in American History, claiming the beginning of African American independence in this country. It is time for the commemoration of a pivotal moment in history to become an official state holiday, underscoring its importance to our communities and giving time for reflection on how far we have come and have to go to achieve equality and justice for all.”

Bill to Institute Minority Recruitment, Establish Annual Reporting

To ensure law enforcement agencies reflect the diversity of the communities they serve, the fully Assembly voted 70-3-5 clearing a measure Thursday to require all law enforcement agencies in New Jersey to establish minority recruitment and selection programs.

The bill (A-2394) would further require annual reporting on recruitment, retention and promotion of officers providing information specific to age, gender, race and ethnicity. This information would be published in a yearly report and made available online by the Attorney General.

Sponsors of the bill, Assembly Democrats Benjie E. Wimberly (D-Bergen, Passaic), Gordon M. Johnson (D-Bergen) and Jamel C. Holley (D-Union), issued the following joint statement:

“The Black community in America is in pain and reeling in the wake of senseless police-perpetrated violence. A breakdown of trust between communities of color and police in America is evident.

“We must start with being intentional about the way our law enforcement agencies mirror the evolving racial diversity of the communities they protect and serve. Being more deliberate in hiring minorities will make our police departments more inclusive and ultimately translate into better relationships with communities.

“It all comes down to breaking cycles of bias. In building the mechanisms to tackle underrepresentation and keep agencies accountable to greater diversity, we have an opportunity to do just that.”

In the wake of the death of George Floyd, the use of chokeholds during the police apprehension of an individual has come under wide criticism in many states across the nation.

The full Assembly approved several measures aimed at social justice reform in New Jersey. Among the bills, a measure (A-4263) that would clarify that any law enforcement officer who knowingly chokes another person is engaging in use of deadly force. It passed the full Assembly 72-1-5.

Assembly members Shavonda Sumter, Verlina Reynolds-Jackson, Benjie Wimberly and Jamel Holley are prime sponsors of the legislation.

“The killing of George Floyd in Minneapolis through a lethal knee involved chokehold and deaths of men and women in law enforcement custody has caused states to reassess policies surrounding use of police force,” said Sumter (D-Bergen, Passaic). “New Jersey law enforcement does not train for the use of chokeholds in the police academy. However, it is a tactical move that may be used to secure an individual. With this legislation, we define these holds in New Jersey as use of deadly force.”

“With this legislation, New Jersey takes a stand against the use of excessive police force,” said Reynolds-Jackson (D-mercer, Middlesex, Hunterdon). “We have seen what can happen countless times with countless lives lost over the years. This is the step we must take to ensure it does not happen here in New Jersey.”

The legislation amends N.J.S.2C:3-11 to clarify that the use of a chokehold by a law enforcement officer constitutes deadly force.

“The deaths of Eric Garner and George Floyd have placed a spotlight on police use of force as well as the many others who have lost their lives as a result of these practices,” said Wimberly (D-Bergen, Passaic). “The designation of a chokehold as a deadly force is necessary to discourage the use of choking as a way to subdue a person. Our law enforcement is trained in many other ways to deescalate a situation without using this one.”

“We’re calling for change in the way African Americans and others are treated in this country during police interactions,” said Holley (D-Union). “Far too many instances have occurred and far too many lives have been lost due to the misuse of excessive force in policing. There is a problem with the use of the chokehold as a tactic that must be addressed.”

Under the bill, a law enforcement officer uses deadly force if he knowingly places pressure on the throat, windpipe, or carotid artery of another person, thereby hindering or preventing the ability to breath, or interfering with the flow of blood from the heart to the brain.

Current law provides that use of deadly force by a law enforcement officer is only justified if necessary to protect the officer or another person from death or serious bodily injury, to arrest or prevent the escape of a violent criminal, or to prevent the commission of a violent crime.  The bill provides that a law enforcement officer is not justified in choking another person unless confronted with one of these dangerous situations.

To ensure law enforcement agencies are best equipped when hiring officers, the full Assembly voted 78-0-0 on Thursday clearing legislation from Assemblymen Gordon Johnson and Jamel Holley.

Under the bill (A-744), law enforcement agencies would be required to disclose entire internal affairs and personnel files of law enforcement officers who are prospective candidates for employment with another agency.

The legislation would codify specific revisions made to Internal Affairs Policy and Procedures by the Attorney General’s Law Enforcement Directive No. 2019-5, which require police departments to facilitate the sharing of disciplinary history on candidates. Changes made under this Directive took effect in April.

Sponsors of the bill released the following statements:

Assemblyman Gordon M. Johnson (D-Bergen): “Operating with minimal information does more harm than good when it comes to hiring an officer charged to serve and protect. With this legislation, we intend to give departments and jurisdictions all the information they need to determine if an applicant is the right fit. For us to reform police culture, we must ensure agencies are first aware of any disciplinary history.”

Assemblyman Jamel C.Holley (D-Union): “There needs to be more accountability. If an officer faces disciplinary action within one agency in one town and can easily move on to another agency in a different town without their record following them, we have an accountability problem. Making sure agencies aren’t kept in the dark about the background of candidates – good or bad – is what this legislation does. This is critical in our efforts to rebuild trust in law enforcement.”

The bill would also deem any future contract provision prohibiting a law enforcement agency from providing files, including internal affairs and personnel files, to another agency as unenforceable and against public policy.

It now goes to the Senate for consideration.

Moving to create more equitable laws on the possession and personal use cannabis and establish expedited and virtual expungements, the Assembly Community Development and Affairs Committee approved legislation sponsored by Assembly members Benjie Wimberly, Annette Quijano, Jamel Holley, Britnee Timberlake and Angela McKnight on Monday.

“This is only one piece of the many parts of change that must be done in the name of social justice for our communities. The War on Drugs in many ways became a war on particular communities, incarcerating millions of people and affecting families irreparably for decades,” said Wimberly (D-Bergen, Passaic). “The action we take now to help our black and brown communities who have been disproportionately affected by current laws surrounding cannabis use is critical to trauma for future generations.”

“There have been far too many people, especially those from Black and Hispanic communities, who have been negatively impacted by the criminalization of cannabis,” said Quijano (D-Union). “There have been long term impacts on the lives of all people in this state, but considerably those of color. This legislation is the product of taking a hard look at our current laws, listening to the will of the majority of New Jerseyans and taking a common-sense approach to cannabis offenses.”

The bill (A-1897/4279) provides for certain criminal and civil justice reforms, particularly with respect to legal consequences associated with certain cannabis offenses as well as broadening awareness of available expungement relief.

“Black New Jerseyans are up to four times more likely to be arrested on cannabis charges than White people. It is a sad fact, a further painful reminder that so people in our communities have been disenfranchised for far too long,” said Assemblyman Jamel Holley (D-Union). “There have always been glaring social justice concerns and obvious inequity in the high number of arrests of minority residents. Now, finally, is the time for it to stop.”

New Jersey law enforcement officers made over 24,000 arrests for marijuana possession in 2012, more than in the previous 20 years – approximately one every 22 minutes. African Americans are nearly three times more likely to be arrested for cannabis passion than white New Jerseyans, despite similar usage rates with white counterparts. Cannabis possession arrests also constituted three out of five drug arrests in 2012.

The state spends approximately $127 million per year on cannabis possession enforcement costs.

“It’s time for the change we seek,” said McKnight (D-Hudson). “New Jersey residents are not happy with the status quo and we need to move in a direction of compassion for the communities that have long been targeted by current regulatory criteria. The call for action, for social justice reform, is resounding throughout our nation. And it begins with legislation such as this.”

“Decriminalization and expungement for those who have been disproportionately incarcerated for marijuana offenses is well overdue in New Jersey and many other states throughout this nation,” said Timberlake (D-Essex). “A criminal marijuana charge has a detrimental effect on an individual’s opportunity to access higher education, obtain gainful employment, receive housing support, and address child custody issues.  Not all communities are impacted equally by marijuana enforcement, measures to reduce the collateral consequences of criminal records are ones of racial, social, and economic justice. This legislation is about social justice for a people who have endured the inequities in the law for generations.”

The bill would regrade the unlawful distribution of, or possessing or having under control with intent to distribute, less than five pounds of marijuana or less than one pound of hashish.

Under current law, distribution of less than five pounds, but at least one ounce or more, of marijuana, or distribution of less than one pound, but at least five grams or more, of hashish, is punishable as a crime of the third degree; this crime can be punishable by a term of imprisonment of three to five years, a fine of up to $25,000, or both.  Distribution of any smaller amounts, that is, less than one ounce of marijuana or less than five grams of hashish, is punishable as a crime of the fourth degree; this crime can be punishable by a term of imprisonment of up to 18 months, a fine of up to $10,000, or both.