WHEREAS, Chapter
73, P.L. 1963, as amended, finds and declares it to be the public
policy of this State that public records shall be readily accessible
for examination by the citizens of this State for the protection
of the public interest except as otherwise provided in said law;
and
WHEREAS, some
limitation upon the right to examine and copy records provided by
Chapter 73 is essential and not detrimental to the public interest
as recognized by existing statutory and common law; and
WHEREAS, disclosure
of information must be consistent with existing statutory law regarding
confidentiality in certain areas; and
WHEREAS, said
Chapter 73 provides that records which would otherwise be deemed
to be public records, subject to inspection and examination and
available for copying, pursuant to the provisions of said law, may
be excluded therefrom by Executive Order of the Governor or by any
regulation promulgated under the authority of any Executive Order
of the Governor; and
WHEREAS, Section
3(e) of Executive Order No. 9, issued by Governor Richard Hughes
in 1963, and reaffirmed by Executive Order No. 123, issued by Governor
Thomas H. Kean in 1983, states that fingerprint cards, plates and
photographs and other similar criminal investigation records which
are required to be made, maintained or kept by any State or local
governmental agency shall shall not be deemed to be public records
subject to inspection and examination and available for copying
pursuant to the provisions of Chapter 73; and
WHEREAS, the
Attorney General has undertaken a complete review of this subject
area, seeking input from prosecutors, police, representatives of
the news media, and victims' rights organizations, and has recommended
that certain aspects of the system be clarified;
NOW, THEREFORE,
I, Christine Todd Whitman, Governor of the State of New Jersey,
by virtue of the authority vested in me by the Constitution and
by the Statutes of this State, do hereby order and direct:
1. Executive
Order No. 9 of Governor Richard J. Hughes and Executive Order
No. 123 of Governor Thomas H. Kean are modified as hereinafter
set forth, and any regulations adopted and promulgated under those
prior Executive Orders shall be deemed null and void to the extent
such regulations are inconsistent with the provisions of this
Executive Order.
2. The following
records shall not be deemed to be public records subject to inspection
and examination and available for copying pursuant to the provisions
of Chapter 73, P.L. 1963, as amended: fingerprint cards, plates
and photographs and similar criminal investigation records that
are required to be made, maintained or kept by any State or local
governmental agency.
3. Notwithstanding
the above section 2, the following information shall be available
to the public within 24 hours, or sooner if practicable, of a
request for such information:
(a) where
a crime has been reported but no arrest yet made, information
as to the type of crime, time, location and type of weapon,
if any;
(b) if
an arrest has been made, information as to the name, address
and age of any victims, unless there has not been sufficient
opportunity for notification of next of kin of any victims of
injury and/or death to any such victim or where the release
of the names of any victim would be contrary to existing law
or court rule. In deciding on the release of information as
to the identity of a victim, the safety of the victim and the
victim's family, and the integrity of any ongoing investigation,
shall be considered;
(c) if
an arrest has been made, information as to the defendant's name,
age, residence, occupation, marital status and similar background
information and the identity of the complaining party, unless
the release of such information is contrary to existing law
or court rule;
(d) information
as to the text of any charges, such as the complaint, accusation
and indictment, unless sealed by the court or unless the release
of such information is contrary to existing law or court rule;
(e) information
as to the identity of the investigating and arresting personnel
and agency and the length of the investigation;
(f) information
of the circumstances immediately surrounding the arrest, including
but not limited to the time and place of the arrest, resistance,
if any, pursuit, possession and nature and useof weapons and
ammunition by the suspect and by the police; and
(g) information
as to circumstances surrounding bail, whether it was posted
and amount thereof.
The term
"request" shall mean either a written or oral request; provided,
however, that all requests are made with sufficient clarity so
as to enable a reasonable person to understand the information
that is being sought. The law enforcement official responding
to oral requests should make best efforts to respond orally over
the telephone; however, it shall not be unreasonable to require
the requester to appear in person to receive the information.
Unless the parties note otherwise, it shall be understood that
there is no duty to release or obtain information that is not
in the possession of the law enforcement agency at the time of
request.
4. Notwithstanding
any other provision of this Executive Order, where it shall appear
that the information requested or to be examined will jeopardize
the safety of any person or jeopardize any investigation in progress
or may be otherwise inappropriate to release, such information
may be withheld. This section is intended to be narrowly construed
to prevent disclosure of information which would be truly harmful
to a bona fide law enforcement purpose or public safety if released.
It is also intended to prevent such release that would violate
existing law regarding confidentiality in areas including, but
not limited to, domestic violence and juveniles.
5. Each
county prosecutor shall prepare a plan outlining the procedures
for providing and/or disseminating the information required by
this Executive Order and shall submit same to the Division of
Criminal Justice for its review and filing. Each prosecutor shall
consult with the police departments within his or her county and
to the extent possible, include within the prosecutor's plan the
local procedures for responding to informational requests. The
Division of State Police shall submit its plan to the Office of
the Attorney General. Whenever any changes are made in any such
plan, said changes shall immediately be forwarded to the appropriate
county prosecutor and/or the Division of Criminal Justice or Office
of the Attorney General for review and filing. In addition, each
county prosecutor's office shall designate a person(s) who is(are)
responsible for responding to requests for public information
by the media on nights, weekends and holidays. The name of the
person(s) so designated shall be available at the communication
center in each county.
6. The Attorney
General, as chief law enforcement officer of the State, or his
designee, or where appropriate, the county prosecutor, as chief
law enforcement officer of the county, shall promptly resolve
all disputes as to whether or not the release of records would
be "otherwise inappropriate" between the custodian of any records
referred to herein and any person seeking access thereto or similar
disputes. Where the Attorney General or the county prosecutor
determines that the release of records would be "otherwise inappropriate,"
he or she shall issue a brief statement explaining the decision.
7. The terms
of the Order shall be carried out in the spirit of Chapter 73,
P.L. 1963, as amended, and shall not relate to requests pursuant
to Chapter 60, Section 4, of P.L. 1994. It shall be carried out
by keeping in mind the right of citizens to be aware of events
occurring in their community.
8. This
Order shall take effect immediately.
GIVEN
under my hand and seal
this 15th day of May in the the Year
of Our Lord, One Thousand Nine
Hundred and Ninety-Seven, and of
the Independence of the United States,
the Two Hundred and Twenty-First.
/s/
Christine Todd Whitman
Governor
Attest:
/s/ Michael
P. Torpey
Chief Counsel to the Governor
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