53:2-8 Definitions.
3. As used in P.L.2017, c.324 (C.32:23-229 et al.):
"Career offender" means a person whose behavior is pursued in an occupational manner or context for the purpose of economic gain, utilizing methods that are deemed criminal violations against the laws of this State.
"Career offender cartel" means a number of career offenders acting in concert, and may include what is commonly referred to as an organized crime group.
"Carrier" means a carrier as that term is defined in 49 U.S.C. s.13102.
"Carrier of freight by water" means any person who may be engaged or who may hold himself or herself out as willing to be engaged, whether as a common carrier, a contract carrier, or otherwise, except for carriage of liquid cargoes in bulk in tank vessels designed for use exclusively in that service or carriage by barge of bulk cargoes consisting of only a single commodity loaded or carried without wrappers or containers and delivered by the carrier without transportation mark or count, in the carriage of freight by water between any point in the port of New York district, as applicable only within the State of New Jersey, and a point outside that district.
"Checker" means a longshoreman who is employed to engage in direct and immediate checking of waterborne freight or of the custodial accounting therefor or in the recording or tabulation of the hours worked at piers or other waterfront terminals by natural persons employed by carriers of freight by water or stevedores.
"Commission" means the waterfront commission of New York harbor established by the State of New Jersey pursuant to P.L.1953, c.202 (C.32:23-1 et seq.) and by the State of New York pursuant to its agreement thereto under P.L.1953, c.882 (NY Unconsol. Ch.307, s.1).
"Common carrier" means a common carrier as that term is defined in 46 U.S.C. s.40102.
"Compact" means the compact entered into by the State of New Jersey pursuant to its agreement thereto under P.L.1953, c.202 (C.32:23-1 et seq.) and by the State of New York pursuant to its agreement thereto under P.L.1953, c.882 (NY Unconsol. Ch.307, s.1), as amended and supplemented.
"Consignee" means the person designated on a bill of lading as the recipient of waterborne freight consigned for carriage by water.
"Container" means any receptacle, box, carton, or crate which is specifically designed and constructed so that it may be repeatedly used for the carriage of freight by a carrier of freight by water.
"Contract carrier" means a contract carrier as that term is defined in 49 U.S.C. s.13102.
"Division" means the Division of State Police in the Department of Law and Public Safety.
"Freight" means freight which has been or will be, carried by, or consigned for carriage by a carrier of freight by water.
"Hiring agent" means any natural person who, on behalf of a carrier of freight by water or a stevedore, shall select any longshoreman for employment, and "hiring agent" includes any natural person, who on behalf of any other person shall select any longshoreman for employment.
"Immunity" means that a person shall not be prosecuted or subjected to any penalty or forfeiture for or on account of any transaction, matter, or thing concerning which, pursuant to an order of the division, the person gave answer or produced evidence, and that no answer given or evidence produced shall be received against the person upon any criminal proceeding.
"Labor organization" means and includes any organization which exists and is constituted for the purpose in whole or in part of collective bargaining, or of dealing with employers concerning grievances, terms and conditions of employment, or other mutual aid or protection, but "labor organization" shall not include a federation or congress of labor organizations organized on a national or international basis even though one of its constituent labor organizations may represent persons so registered or licensed.
"Longshoreman" means a natural person, other than a hiring agent, who is employed for work at a pier or other waterfront terminal, either by a carrier of freight by water or by a stevedore, to: a. physically move waterborne freight on vessels berthed at piers, on piers or at other waterfront terminals; b. engage in direct and immediate checking of any such freight or of the custodial accounting therefor or in the recording or tabulation of the hours worked at piers or other waterfront terminals by natural persons employed by carriers of freight by water or stevedores; c. supervise directly and immediately others who are employed as a longshoreman; d. physically to perform labor or services incidental to the movement of waterborne freight on vessels berthed at piers, on piers or at other waterfront terminals; e. physically move waterborne freight to or from a barge, lighter, or railroad car for transfer to or from a vessel of a carrier of freight by water which is, shall be, or shall have been berthed at the same pier or other waterfront terminal; or f. perform labor or services involving, or incidental to, the movement of freight at a pier or other waterfront terminal.
"Longshoremen's register" means the register of eligible longshoremen compiled and maintained by the division pursuant to section 8 of P.L.2017, c.324 (C.53:2-13).
"Marine terminal" means an area which includes piers, which is used primarily for the moving, warehousing, distributing, or packing of waterborne freight or freight to or from piers and which is under common ownership or control with the pier.
"Other waterfront terminal" means any warehouse, depot, or other terminal, other than a pier, which is located within a marine terminal in the port of New York district and which is used for waterborne freight in whole or substantial part, and includes any warehouse, depot, or other terminal, other than a pier, whether enclosed or open, which is located in a marine terminal in the port of New York district, any part of which is used by any person to perform labor or services involving, or incidental to, the movement of waterborne freight or freight.
"Person" means not only a natural person but also any partnership, joint venture, association, corporation, or any other legal entity but shall not include the United States, any state or territory thereof, or any department, division, board, authority, or authority of one or more of the foregoing.
"Pier" means any wharf, pier, dock, or quay in regular use for the movement of waterborne freight between vessel and shore.
"Pier superintendent" means any natural person other than a longshoreman who is employed for work at a pier or other waterfront terminal by a carrier of freight by water or a stevedore and whose work at the pier or other waterfront terminal includes the supervision, directly or indirectly, of the work of longshoremen.
"Port of New York district" or "district" means the district created by Article II of the compact dated April 30, 1921, between the states of New York and New Jersey, authorized by chapter 154 of the laws of New York of 1921 and chapter 151 of the laws of New Jersey of 1921.
"Port watchman" means any watchman, gateman, roundsman, detective, guard, guardian, or protector of property employed by the operator of any pier or other waterfront terminal or by a carrier of freight by water to perform services in that capacity on any pier or other waterfront terminal.
"Select any longshoreman for employment" means select a person for the commencement or continuation of employment as a longshoreman, or the denial or termination of employment as a longshoreman.
"Stevedore" means a contractor, not including an employee, engaged for compensation pursuant to a contract or arrangement with a carrier of freight by water, in moving waterborne freight carried or consigned for carriage by the carrier on vessels of the carrier berthed at piers, on piers at which the vessels are berthed or at other waterfront terminals. "Stevedore" shall also include: a. a contractor engaged for compensation pursuant to a contract or arrangement with the United States, any state or territory thereof, or any department, division, board, commission, or authority of one or more of the foregoing, in moving freight carried or consigned for carriage between any point in the port of New York district and a point outside that district on vessels of the public agency berthed at piers, on piers at which their vessels are berthed or at other waterfront terminals; b. a contractor, engaged for compensation pursuant to a contract or arrangement with any person to perform labor or services incidental to the movement of waterborne freight on vessels berthed at piers, on piers or at other waterfront terminals; or c. a contractor engaged for compensation pursuant to a contract or arrangement with any other person to perform labor or services involving, or incidental to, the movement of freight into or out of containers, which have been or which will be carried by a carrier of freight by water, on vessels berthed at piers, on piers or at other waterfront terminals.
"State Treasurer" means the Treasurer of the State of New Jersey.
"Terrorist group" means a group associated, affiliated, or funded in whole or in part by a terrorist organization designated by the United States Secretary of State in accordance with section 219 of the federal Immigration and Nationality Act, as amended from time to time, or any other organization which assists, funds, or engages in crimes or acts of terrorism as defined in the laws of the United States, or of this State.
"Transfer date" means the 90th day following the notification by the Governor pursuant to section 2 of P.L.2017, c.324 (C.32:23-230).
"Waterborne freight" means freight carried by or consigned for carriage by carriers of freight by water, and shall also include freight described in the definition of "stevedore" and in the definition of "other waterfront terminal." Provided, however, that at the point at which the freight is released from a pier or marine terminal to the possession of the consignee or the person designated by the consignee, the freight shall no longer be considered waterborne freight if:
a. the freight is not further transported by water; and
b. services involving or incidental to the unloading, storage, inspection, grading, repackaging, or processing of freight occur at a location outside a pier or marine terminal.
"Witness" means any person whose testimony is desired in any investigation, interview, or other proceeding conducted by the division under the authority granted pursuant to P.L.2017, c.324 (C.32:23-229 et al.).
L.2017, c.324, s.3.
Structure New Jersey Revised Statutes
Section 53:1-1 - Department continued; executive head
Section 53:1-2 - Appointment, term, salary, and bond of superintendent
Section 53:1-3 - Deputy superintendent
Section 53:1-3.1 - Executive officer
Section 53:1-4 - Qualifications for superintendents and commissioned officers; promotions
Section 53:1-5 - Officers and personnel
Section 53:1-5.2 - Change in rank and grade; increase in personnel
Section 53:1-6 - Salaries of officers and troopers; increase for detective work
Section 53:1-7 - Salary increases for personnel
Section 53:1-8 - Appointment of officers and troopers; term; removal
Section 53:1-8.1 - Tenure granted after continuous service of five years; exception
Section 53:1-8.2 - Persons eligible to become members of Division of State Police
Section 53:1-8.3 - Transfer of employees not becoming members of Division of State Police
Section 53:1-9.1 - Leave of absence for special duty in Federal Bureau of Investigation
Section 53:1-9.2 - Rights of persons granted leave of absence
Section 53:1-9.4 - Certification
Section 53:1-10 - Rules and regulations; instruction to troopers
Section 53:1-10.1 - Annual report on public complaints of misconduct by State Police
Section 53:1-11 - Voluntary withdrawal a misdemeanor
Section 53:1-11.1 - Establishment; supervision; duties of superintendent
Section 53:1-11.3 - Establishment
Section 53:1-11.5 - Powers of inspectors
Section 53:1-11.6 - Investigation relating to enforcement of Title 33; request
Section 53:1-11.7 - Inapplicability of act to rights of employees
Section 53:1-11.8 - Application of State Agency Transfer Act
Section 53:1-11.9 - Rules and regulations
Section 53:1-11.10 - Definitions
Section 53:1-11.11 - Bureau of Marine Law Enforcement
Section 53:1-11.12 - Membership
Section 53:1-11.13 - Existing tenure rights unaffected
Section 53:1-11.14 - Powers, duties of marine law enforcement officers.
Section 53:1-11.15 - Duties of superintendent
Section 53:1-11.16 - Marine police stations unaffected by act
Section 53:1-13 - Fingerprints and other records filed; information furnished by state institutions
Section 53:1-15 - Fingerprinting of suspects.
Section 53:1-16 - Comparison of all records received
Section 53:1-17 - Supervisor to instruct, assist and co-operate with local police officials
Section 53:1-18 - Report of criminal charges or disorderly offenses; duty of clerks of courts
Section 53:1-18a - Report of statistics on crime conditions; duty of prosecutors
Section 53:1-18.2 - Reports on narcotic or dangerous drug cases; duty of clerks of court
Section 53:1-18.3 - Compilation of results of reports on narcotic or dangerous drug cases
Section 53:1-18.4 - Effective date
Section 53:1-18.5 - "Dangerous drugs" defined
Section 53:1-19 - Co-operation with national bureau and other agencies
Section 53:1-20 - Failure of officers to perform duties; misdemeanor; removal
Section 53:1-20.1 - File of criminal records kept
Section 53:1-20.4 - Department originally arresting prisoner to be notified of his release
Section 53:1-20.5 - Definitions
Section 53:1-20.6 - Rules, regulations concerning dissemination of information; fees.
Section 53:1-20.7 - Criminal History Record Information Fund; use
Section 53:1-20.8 - Background check by State Police
Section 53:1-20.9a - Applicant background check for certain health care professionals
Section 53:1-20.9b - Exchange of fingerprint data, information; determination; challenge.
Section 53:1-20.9e - Conducting of criminal history record background check for guardians.
Section 53:1-20.9f - Exchange of fingerprint data.
Section 53:1-20.10 - Findings, declarations
Section 53:1-20.11 - Participation in Violent Criminal Apprehension Program
Section 53:1-20.12 - Maintenance, transmission of information
Section 53:1-20.13 - Collection, reporting of information
Section 53:1-20.14 - Equipment, supplies, services
Section 53:1-20.15 - Rules, regulations
Section 53:1-20.16 - Criminal history record background check on adjusters
Section 53:1-20.17 - Short title
Section 53:1-20.18 - Findings, declarations regarding DNA databases.
Section 53:1-20.19 - Definitions regarding DNA databanks.
Section 53:1-20.20 - DNA samples required; conditions.
Section 53:1-20.21 - Purposes of DNA samples.
Section 53:1-20.22 - Drawing of DNA samples; conditions.
Section 53:1-20.23 - Rules; procedures
Section 53:1-20.24 - Use of State database
Section 53:1-20.25 - Expungement of records from State records; conditions.
Section 53:1-20.26 - Wrongful disclosure of information
Section 53:1-20.27 - Confidentiality
Section 53:1-20.28 - Funding of act in first year
Section 53:1-20.28a - "New Jersey Forensic DNA Laboratory Fund."
Section 53:1-20.29 - Liability for cost of certain blood or biological sample testing.
Section 53:1-20.30 - Lien against property, income of offender
Section 53:1-20.31 - Form of lien
Section 53:1-20.32 - Filing of lien
Section 53:1-20.33 - Forwarding of notice of lien, effect
Section 53:1-20.34 - Provision of books for entering lien, recordation
Section 53:1-20.35 - Discharge of lien by the State
Section 53:1-20.36 - Discharge of lien by a person
Section 53:1-20.37 - Retaining of all DNA profile information.
Section 53:1-20.38 - Licensing of peddlers, solicitors by municipalities; definitions.
Section 53:1-21 - Creation; duties
Section 53:1-21.1 - Establishment of radiotelephone and intercommunicating system
Section 53:1-21.3 - Other State law enforcement agencies; use by
Section 53:1-21.4 - Contract for furnishing of service
Section 53:1-21.5 - Transfer of title to State owned equipment and facilities
Section 53:1-23 - Physicians and other medical personnel
Section 53:1-24 - Cooks; civil service rights; titles
Section 53:1-25 - Expert services and civilian specialists; civil service rights; titles established
Section 53:1-27 - Quarters, equipment and teaching staff for training school
Section 53:1-30 - Provision of means for defense, reimbursement, exceptions.
Section 53:1-31 - Reinstatement, recovery of pay under certain circumstances.
Section 53:1-32 - "National Crime Prevention and Privacy Compact"
Section 53:1-33 - Complaints against State Police officers, process.
Section 53:2-1 - Powers, duties; cooperation with other authorities.
Section 53:2-2 - Duty to execute legal process issued by senate or assembly
Section 53:2-4 - Contracts for radio or television programs; approval
Section 53:2-5 - Veto power over context of programs; technical assistance
Section 53:2-6 - Deposit of funds
Section 53:2-7 - Toll free arson hotline
Section 53:2-9 - Division to assume powers, assets, duties after transfer date.
Section 53:2-10 - Additional powers, duties of division.
Section 53:2-11 - License required for pier superintendent, hiring agent.
Section 53:2-12 - Licensure required for stevedore.
Section 53:2-13 - Longshoremen's register.
Section 53:2-14 - Removal of certain persons from longshoremen's register.
Section 53:2-15 - Power of division to remove persons from longshoremen's register.
Section 53:2-16 - List of qualified longshoremen for employment as checkers.
Section 53:2-17 - Applications for inclusion in longshoremen's register.
Section 53:2-18 - Licensure for port watchmen.
Section 53:2-19 - Reasonable prior notice, hearing prior to denial of license, registration.
Section 53:2-20 - Hearings, right to counsel, reopening, rehearing.
Section 53:2-21 - Designation of division on own behalf, agent of the State.
Section 53:2-22 - Telecommunication hiring system.
Section 53:2-23 - Additional grounds for denial of application, registration.
Section 53:2-24 - Additional grounds for revocation, suspension of license, registration.
Section 53:2-25 - Refusal to answer question; immunity; prosecution.
Section 53:2-26 - Temporary suspension.
Section 53:2-27 - Division authorized to co-operate with commission, other public entity.
Section 53:2-28 - Construction of act.
Section 53:2-29 - Transfer of officers, employees.
Section 53:2-30 - Annual adoption of budget.
Section 53:2-31 - Payment of assessment.
Section 53:2-32 - Unlawful actions.
Section 53:2-33 - Certain solicitations prohibited.
Section 53:2-34 - Violations, penalties.
Section 53:2-35 - Witnesses, other violations.
Section 53:2-36 - Compacts dissolved.
Section 53:3-1 - State headquarters
Section 53:3-2 - Local patrol stations; right to acquire use of lands for
Section 53:3-3 - Equipment provided; sale of unusable property
Section 53:3-4 - Deductions for damage to property
Section 53:3-5 - Uniforms for state police
Section 53:3-6 - Penalty for wearing or imitating uniform
Section 53:3-7 - Markings on vehicles
Section 53:3-8 - Establishment; "sending and receiving" stations
Section 53:3-10 - Equipment for police stations; county and municipal agencies may use system
Section 53:3-11 - Interstate connection of system permitted
Section 53:3-12 - Commutation of rations and quarters
Section 53:3-13 - Petty cash fund; bond of disbursing officers
Section 53:3-14 - Payment of departmental expenses
Section 53:4-1 - Subpoenas by superintendent; service
Section 53:4-2 - Refusal to obey subpoena or produce evidence
Section 53:4-4 - Superintendent may administer oaths; perjury
Section 53:4-5 - Witness fees and mileage
Section 53:5A-2 - Provisos as to repeal
Section 53:5A-3 - Definitions relative to the State Police Retirement System.
Section 53:5A-4 - Establishment of state police retirement system; purpose
Section 53:5A-5.1 - Transfer to State Police Retirement System of New Jersey
Section 53:5A-5.2 - Accumulated deductions remitted to State Police Retirement System
Section 53:5A-5.3 - Calculation of liability of employer
Section 53:5A-5.4 - Inapplicability of C.53:5A-3.
Section 53:5A-5.5 - Certain academy graduates, exempt from certain regulations.
Section 53:5A-6 - Creditable service; purchase of service credit.
Section 53:5A-6.1 - Filing of detailed statement of military service; purchase of service credit.
Section 53:5A-6.2 - State-administered retirement system credit, eligibility.
Section 53:5A-7 - Cessation of membership
Section 53:5A-8 - Retirement for age and service; benefits.
Section 53:5A-8.1 - Applicability to retirements
Section 53:5A-8.2 - Applicability of act
Section 53:5A-8.3 - Limited extension of retirement date.
Section 53:5A-9 - Retirement on ordinary disability retirement allowance; payments upon death
Section 53:5A-10 - Accidental disability retirement allowance; definitions.
Section 53:5A-10.1 - Permanent and total disability.
Section 53:5A-10.2 - Denied member, accidental disability retirement allowance, reconsideration.
Section 53:5A-11 - Retirement for disability; medical examination; report
Section 53:5A-12 - Death benefits.
Section 53:5A-12.1 - Applicability of adjustment in benefit.
Section 53:5A-14 - Accidental death benefits; payment of health insurance premiums.
Section 53:5A-14.2 - Applicability of adjustment in survivors' benefits.
Section 53:5A-14.3 - Application in changes of definitions.
Section 53:5A-14.4 - Death attributed to COVID-19.
Section 53:5A-14.5 - SPRS beneficiary, certain circumstances, receipt of accidental death benefits.
Section 53:5A-15.2 - Designation and change of beneficiary; payments upon death of member
Section 53:5A-16 - Group life insurance; purchase to provide for death benefits
Section 53:5A-17 - Qualifications of life insurance companies
Section 53:5A-18 - Purchase of group insurance coverage for death benefit provisions
Section 53:5A-19 - Payment of premiums from group insurance premium fund
Section 53:5A-20 - Payment of unpaid pension benefits
Section 53:5A-21 - Conversion privileges
Section 53:5A-22 - Payment of benefits under group policies; nomination of payee
Section 53:5A-23 - Manner of payment; arrangements for settlement
Section 53:5A-24 - Credit to policyholder in absence of brokerage commissions
Section 53:5A-25 - Death after retirement
Section 53:5A-26 - Withdrawal from service or cessation of membership; return of contributions
Section 53:5A-27 - "Special" retirement.
Section 53:5A-29 - Loan terms; repayment after retirement of member of SPRS.
Section 53:5A-30 - State police retirement system trustees, committee.
Section 53:5A-31 - Administration of funds.
Section 53:5A-32 - Duties of actuary
Section 53:5A-33 - Establishment of funds
Section 53:5A-34 - Contingent reserve fund.
Section 53:5A-34.1 - Liability determined by actuary
Section 53:5A-34.2 - Payment of pension adjustment benefits; funding
Section 53:5A-35 - Annuity savings fund
Section 53:5A-36 - Retirement reserve fund
Section 53:5A-37 - Retired members' group insurance premium fund
Section 53:5A-38 - Payroll deductions; amount.
Section 53:5A-39 - Obligations of state; estimate of moneys needed; budget request; appropriation
Section 53:5A-41 - Inapplicability of other provisions; necessity for creation of reserves
Section 53:5A-42 - Fraud; punishment; correction of errors
Section 53:5A-43 - Waiver of portion of pension, benefit or retirement allowance
Section 53:5A-44.1 - Medicare premium reimbursement
Section 53:5A-46 - Partial invalidity
Section 53:5A-47 - Short title
Section 53:6-2 - Force and effect
Section 53:6-4 - Mid-Atlantic State Police Administrator's Conference
Section 53:6-6 - Selection of alternates
Section 53:6-11 - Employee benefits
Section 53:6-12 - Utilization of services
Section 53:6-13 - Acceptance of aid
Section 53:6-16 - Annual report
Section 53:6-18 - Central criminal intelligence service
Section 53:6-21 - Appropriations
Section 53:6-22 - Pledge of credit
Section 53:6-23 - Receipts and disbursements
Section 53:6-24 - Inspection of accounts
Section 53:6-26 - Liberal construction; severability
Section 53:6-27 - Compact entered into by State
Section 53:6-28 - Designation of alternate