Gov. Murphy Signs 19 NJ Bills Into Law, Vetoes 4 Others

NEW JERSEY — Gov. Phil Murphy signed 19 bills into law late Monday, including many designed to strengthen how law enforcement manages sexual assault cases.

Murphy also signed bills aimed at reducing drug overdoses, allowing law enforcement to retire early and assisting LGBTQ+ veterans. He also vetoed medical cannabis and mandatory prison bills (see list below).

Murphy vetoed legislation that would have eliminated mandatory prison time for political corruption offenses committed by elected New Jersey officials, as well as crimes committed by "bad actors in law enforcement that violate the public trust." Read more: Gov. Murphy Vetoes Ending Mandatory Jail Time For NJ Corruption

The seven-bill package of sexual-assault legislation, meanwhile, is meant to ensure survivors "are treated with respect and understanding by law enforcement," according to a news release from the Governor's Office. The new laws allocate more resources to sexual assault cases, increase training for prosecutors in managing those cases and change communication procedures.

“It is imperative that we take steps to make sure that survivors in New Jersey know they can seek justice,” Murphy said. “Giving our law enforcement agencies clear directives and guidance on how to manage sexual assault cases will ensure that these cases are handled with survivors in mind."

Attorney General Gurbir Grewal issued a directive to law enforcement in 2018, creating 14 protocols prioritizing the needs of sexual assault survivors. Many of the bills passed Monday codify and expand on the directive.

Murphy signed legislation for the following:

• establishing the Sexual Violence Restorative Justice Pilot Program — a three-year program to bring survivors and their abusers together for collective healing solutions outside the judicial system.
• requiring law enforcement to provide survivors with an initial incident report and providing the victim with the option to review and submit a corrective form.
• requiring the Office of Victim-Witness Advocacy and the county prosecutor's office to share an information packet with survivors that explains their rights and relevant laws, the criminal-justice process, available counseling and services, phone numbers for case updates and contact info for the prosecutor of Office of Victim-Witness Advocacy.
• establishes the right of survivors to be notified of the county prosecutor's charging decision.
• requires the Office of Attorney General to issue an annual report on sexual assault cases.
• establishes a sexual violence liaison officer in the Division of State Police and local police departments.
• requires sexual assault training for prosecutors.

Patricia Teffenhart, executive director of the New Jersey Coalition Against Sexual Assault, praised the legislation.

"The signing of today's package of bills is a direct reflection of what kind of change is possible when we collectively center the lived experiences of survivors to inform necessary policy and practice reforms," Teffenhart said. "NJCASA is thankful for the survivors, advocates, bill sponsors, and Governor Murphy who made this possible.”

Veto of Telehealth Bill for Medical Cannabis

Murphy gave a conditional veto to a bipartisan bill that would have let health care practitioners continue prescribing medical cannabis via telemedicine. The bill attempts to help patients with limited access to in-office visits, but Murphy sent the bill back on the condition that they address a barrier he says the law would create.

New Jersey expanded telehealth services in March 2020 because of the coronavirus pandemic. The state passed legislation that authorized health care practitioners to provide telemedicine or telehealth services during Murphy's declared public-health emergency, which remains in effect.

The medical-cannabis bill, if passed as worded, would have created a 270-day period for certain patients to obtain or keep receiving telehealth services for medical cannabis. After the nine-month period, the patient would need at least one previous in-office visit to continue the service.

The in-person visits would need to continue on an annual basis.

"I am concerned, however, that the bill places undue limitations on the use of telehealth in this context that are overly restrictive and unnecessary for patient safety," Murphy wrote in the conditional veto. "For example, the bill would immediately, and for a period of nine months, disqualify many patients who have been successfully utilizing telehealth and telemedicine services in accordance with the authorization provided by the Director’s Administrative Order.

"These patients would subsequently be required to submit to mandatory in-person office visits when their eligibility resumes. I do not agree with resurrecting old barriers to access, particularly as the pandemic continues."

On a conditional veto, the governor indicates they object to part of a bill and proposes amendments. If the legislature re-enacts the bill with the recommended amendments, they bill returns to the governor's desk.

Assisting LGBTQ+ Veterans

Murphy also signed into law a bill for assisting veterans who were denied an honorable discharged on the basis of their gender identity. The New Jersey Department of Military and Veterans' Affairs will assist veterans with completing and submitting the appropriate forms to the United States Department of Veteran Affairs.

The Armed Forces denied honorable discharges to nearly 100,000 LGBTQ service members before the repeal of the discriminatory "Don't Ask, Don't Tell" policy in 2011. Under the New Jersey's legislation, veterans who get their discharge changed would become eligible for the same rights, privileges and benefits offered to service members who were honorably discharged.

“Although our country has made significant strides in equality for LGBTQ Americans, our shameful history of discrimination is still affecting veterans to this day,” Assemblymembers Joann Downey, Joe Danielsen, Eric Houghtaling and John Armato said in a joint statement. “It is incumbent on us to do everything we can to rectify the injustice many service members have faced for decades.

Allowing law enforcement to retire early

Murphy signed a bill sponsored by Senator Vin Gopal and Senator Joe Lagana which allows more law enforcement to retire early.

Under the new law, S-1017, a member of the Police and Firemen’s Retirement System who is enrolled before or after the effective date of the legsilation would be able to retire after the effective date for a period of up to two years.

The bill expands the retirement option now available under current law, where a member of PFRS must be 55 years of age or older to retire on a service retirement allowance of 50 percent of final compensation. That comes after attaining 20 years or more of service credit.

“We ask our first responders to be first on the scene when a traumatic event occurs. We ask them to risk their lives, day and night,” said Gopal, D-Monmouth. “It is only right and fair that we give more of them this window of opportunity to retire after 20 years, regardless of their age, if they so desire.”

Preventing OD deaths

Murphy signed legislation sponsored by Sen. Anthony M. Bucco that would help save lives from opioid overdoses.

The legislation signed, S-2323, will require doctors to prescribe an opioid antidote in conjunction with opioid prescriptions for pain management for high-risk patients. The Centers for Disease Control and Prevention recommends co-prescribing Narcan (naloxone) and opioids in its Guideline for Prescribing Opioids for Chronic Pain.

“I am pleased that this legislation was signed today. The opioid crisis continues to claim lives and tear families apart at a mind-numbing rate,” said Bucco, R-Morris. “Drug overdose is the leading cause of accidental death in the nation, and the pandemic has only increased the problem in the Garden State.”

At least seven states now require co-prescribing: Arizona, Florida, New Mexico, Rhode Island, Vermont, Virginia, and Washington. In California and Ohio, laws require prescribers to offer naloxone co-prescriptions in certain circumstances.

Murphy signed the following bills into law:

• S3070/A4884 (Weinberg, Turner/Vainieri Huttle, McKnight, Reynolds-Jackson) Establishes "Sexual Violence Restorative Justice Pilot Program."
• S3071/4885 (Weinberg, Ruiz/Vainieri Huttle, Lopez, Reynolds-Jackson) Requires law enforcement provide victim of sexual assault with initial incident report; provides victim with option to review initial incident report and submit corrective form.
• S3072/A4886 – (Weinberg, Cunningham/Vainieri Huttle, Murphy, Reynolds-Jackson) Requires resources be made available to victims of sexual assault.
• S3073/A4887 – (Weinberg, Corrado/Vainieri Huttle, Jasey, Timberlake) Establishes right of victims to be notified of county prosecutor's charging decision in sexual assault cases.
• S3074/A4888 – (Weinberg, Greenstein/Vainieri Huttle, Lopez) Requires the Office of the Attorney General to issue an annual report concerning sexual assault cases.
• S3075/A4889 – (Weinberg, Pou/Vainieri Huttle, Quijano, Speight) Establishes sexual violence liaison officer in Division of State Police and local police departments.
• S3076/A4890 – (Weinberg, Gill/Vainieri Huttle, McKnight, Reynolds-Jackson) Requires sexual assault training for prosecutors.
• S2815, which directs the New Jersey Department of Military and Veterans’ Affairs (DMAVA) to assist former Armed Forces service members who were denied an honorable discharge due to their sexual orientation or gender identity.
• SJR-93/AJR-180 (Lagana, Cunningham, Pou/Wimberly, Reynolds-Jackson, Quijano) Designates February 14 of each year as Frederick Douglass Day in NJ.
• S-275/A-2142 (Kean, Cruz-Perez/Tully, Swain, Dancer) Provides resident tuition rate to certain non-resident dependent children of United States military personnel attending public institutions of higher education.
• S-551/A-1057 (Codey, Bucco/Jasey, McKeon, Dunn) Permits appointment of nonresident municipal emergency management coordinators in municipalities with populations under 5,000 persons in certain circumstances.
• S-699/A-5245 (Ruiz, Singleton/Sumter, Reynolds-Jackson, Stanley) Requires training for DOE arbitrators to include issues related to cultural diversity and bias.
• S-1017/A-2562 (Gopal, Lagana/DeAngelo, Dancer, Chaparro) Provides retirement allowance after 20 years of service regardless of age for current members of PFRS who retire within two years.
• S-1851/A-4407 (Ruiz, Cryan/Jasey, Moriarty) Eliminates eligibility of postsecondary students and other individuals for State student assistance, training, and employment services if school or training provider requires student to consent to arbitration agreement or proceeding or to waive certain rights.
• S-2323/A-3869 (Gopal, Bucco/Armato, Vainieri Huttle, Verrelli) Requires opioid antidote prescriptions for certain patients.
• S-2476/A-3998 (Singleton, Addiego/Murphy, Giblin, Verrelli) Concerns certain workers' compensation supplemental benefits for surviving dependents of essential employees who die in course of employment. Copy of Statement
• S-2831/A-4783 (Ruiz, Beach/Quijano, Lampitt, Jasey) Requires DOE to establish Alternate Route Interstate Reciprocity Pilot Program
• S-2973/A-4895 (Beach/Armato) Creates office of deputy superintendent of elections in counties of fifth class.
• S-3004/A-4947 (Sarlo, Pou/Johnson, Wirths, Reynolds-Jackson) Establishes retroactive date for provisions of P.L.2018, c.165, which clarifies provisions of "Predatory Towing Prevention Act."

Murphy vetoed the following bills:

• S-347/A-1992 (Smith, Vitale/Stanley, Conaway, Houghtaling) - CONDITIONAL - Establishes "NJ One Health Task Force." Copy of Statement
• S-619/A-1635 (O’Scanlon/Lampitt, Downey) - CONDITIONAL - Permits use of telemedicine and telehealth to authorize patients for medical cannabis and to issue written instructions for dispensing medical cannabis. Copy of Statement
• S-2725/A-4473 (Gopal/Houghtaling, Downey) - CONDITIONAL - Concerns assessment of real property in counties operating under "Real Property Assessment Demonstration Program." Copy of Statement
• S-3456, which removes a series of provisions that would have allegedly weakened penalties associated with public corruption offenses, including official misconduct.