P.L. 2020, CHAPTER 125
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7. (New section) a. (1) Any active, formerly active, or retired law enforcement officer, an active or retired federal, State, or municipal judicial officer, as defined by section 1 of P.L1995, c.23 (C.47:1A-1.1), or active or retired federal, State, county or municipal prosecutors, whose home address or unpublished telephone number is disclosed on the Internet, or re-disclosed or otherwise made available, by any person, business, or association, or whose immediate family member’s name, home address or unpublished telephone number is disclosed on the Internet, or re-disclosed or otherwise made available, by any person, business, or association, which in the case of a family member’s name or home address may be used, alone or in conjunction with any other information, to identify the person as the family member of a judicial officer or prosecutor, may request that the person, business, or association that disclosed, re-disclosed, or otherwise made available that information refrain from such disclosure that action and remove that the information from the Internet or where otherwise made available.
(2) Beginning 18 months after the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill), any law enforcement officer whose home address or unpublished home telephone number is disclosed on the Internet, or re-disclosed or otherwise made available, by any person, business, or association, or whose immediate family member’s name, home address, or unpublished telephone number is disclosed on the Internet, or re-disclosed or otherwise made available, by any person, business, or association, which in the case of a family member’s name or home address may be used, alone or in conjunction with any other information, to identify the person as the family member of a law enforcement officer, may request that the person, business, or association that disclosed, re-disclosed, or otherwise made available that information refrain from that action and remove the information from the Internet or where otherwise made available.
For purposes of this section, “immediate family member” shall include a spouse, child, or parent of an active, formerly active, or retired judicial officer, as defined by section 1 of P.L.1995, c.23 (C.47:1A-1.1), prosecutor, or law enforcement officer, or any other family member related by blood or by law to the judicial officer, prosecutor, or law enforcement officer who lives in the same residence.
b. 2(1) A request to refrain from disclosure and remove information from the Internet pursuant to subsection a. of this section shall be made in writing, addressed to the person, business, or association that disclosed, re-disclosed, or otherwise made available the information, and may be made by the law enforcement officer, the federal, State, or municipal judicial officer,as defined by section 1 of P.L.1995, c.23 (C.47:1A-1.1), or the federal, State, county or municipal prosecutors, or law enforcement officer, as appropriate, or by the person’s employer of the law enforcement officer, judicial officer or prosecutor with the consent of that individual person.
2[c.] (2) Upon receipt of a written request to refrain from disclosure and remove information from the Internet pursuant to this section, the person, business, or association that made such disclosure disclosed, re-disclosed, or otherwise made available the information shall have 72 hours to remove that information from the Internet or where otherwise made available, and shall not disclose, re-disclose, or otherwise make available that information to any other person, business, or association through any medium.
3d. c.2 An active, formerly active, or retired law enforcement officer, an active or retired federal, State, or municipal judicial officer, as defined by section 1 of P.L.1995, c.23 (C.47:1A-1.1), or an active or retired federal, State, county, or municipal prosecutor, or law enforcement officer whose home address or unpublished telephone number own information, or whose immediate family member’s name, home address or unpublished telephone number information, was not timely removed from the Internet in violation of the provisions of subsection c. of this section or was disclosed on the Internet subsequent to or where otherwise made available within 72 hours by a person, business, or association following receipt of a written request pursuant to subsection b. of this section to refrain and remove that information, or the person, business, or association re-discloses on the Internet or otherwise makes available the same information at any time subsequent to receipt of the written request, may bring an action seeking injunctive or declaratory relief in the Superior Court. If the court grants injunctive or declaratory relief, the person, business, or association responsible for the violation shall be required to pay reasonable attorney's fees and other litigation costs reasonably incurred by the law enforcement officer, judicial officer, [or, prosecutor, or law enforcement officeas appropriate.
e. For purposes of this section, “immediate family member” shall include a spouse, child or parent of a law enforcement officer, a judicial officer, as defined by section 1 of P.L.1995, c.23 (C.47:1A-1.1), or a federal, state, county, or municipal prosecutor, or any blood relative of a law enforcement officer, a judicial officer or a prosecutor or of that individual’s spouse who lives in the same residence as the law enforcement officer, judicial officer or prosecutor.
8. (New section) This act shall be liberally construed in order to accomplish its purpose and the public policy of this State, which is to enhance the safety and security of certain public officials in the justice system, including [law enforcement officers,] judicial officers [and], prosecutors, and law enforcement officers, who served or have served the people of New Jersey, and the immediate family members of these individuals, to foster the ability of these public servants who perform critical roles in the justice system to carry out their official duties without fear of personal reprisal from affected individuals related to the performance of their public functions.
9. (New section) If any section, subsection, clause, sentence, paragraph, or part of this act, P.L. , c. (pending before the Legislature as this bill), or the application thereof to any person or circumstances, shall, for any reason, be adjudged by a court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder of this act, P.L. , c. (pending before the Legislature as this bill).
1[4.] [10.1] 9.2 This act shall take effect immediately, but for those provisions of the act which do not become operative and enforceable with respect to law enforcement officers until 18 months after the effective date, any anticipatory administrative action may be taken in advance of the operative date that is necessary for the implementation of those provisions.
