New Jersey § 47:1a-1
Full text of New Jersey New Jersey Statutes § 47:1a-1, with citation guidance and answers to common questions.
§ 47:1a-1.
As used in P.L.1963, c. 73 ( C.47:1A-1 et seq. ) as amended and supplemented: “ Biotechnology ” means any technique that uses living organisms, or parts of living organisms, to
make or modify products, to improve plants or animals, or to develop micro-organisms
for specific uses; including the industrial use of recombinant DNA, cell fusion, and
novel bioprocessing techniques. “ Child protective investigator in the Division of Child Protection and Permanency ” means an employee of the Division of Child Protection and Permanency in the Department
of Children and Families whose primary duty is to investigate reports of child abuse
and neglect, or any other employee of the Department of Children and Families whose
duties include investigation, response to, or review of allegations of child abuse
and neglect. “ Constituent ” means any State resident or other person communicating with a member of the Legislature. “ Criminal investigatory record ” means a record which is not required by law to be made, maintained or kept on file
that is held by a law enforcement agency which pertains to any criminal investigation
or related civil enforcement proceeding. “ Custodian of a government record ” or “ custodian ” means in the case of a municipality, the municipal clerk and in the case of any
other public agency, the officer officially designated by formal action of that agency's
director or governing body, as the case may be. “ Government record ” or “ record ” means any paper, written or printed book, document, drawing, map, plan, photograph,
microfilm, data processed or image processed document, information stored or maintained
electronically or by sound-recording or in a similar device, or any copy thereof,
that has been made, maintained or kept on file in the course of his or its official
business by any officer, commission, agency or authority of the State or of any political
subdivision thereof, including subordinate boards thereof, or that has been received
in the course of his or its official business by any such officer, commission, agency,
or authority of the State or of any political subdivision thereof, including subordinate
boards thereof. The terms shall not include inter-agency or intra-agency advisory, consultative, or
deliberative material. A government record shall not include the following information which is deemed to
be confidential for the purposes of P.L.1963, c. 73 ( C.47:1A-1 et seq. ) as amended and supplemented: information received by a member of the Legislature from a constituent or information
held by a member of the Legislature concerning a constituent, including, but not limited
to, information in written form or contained in any e-mail or computer data base,
or in any telephone record whatsoever, unless it is information the constituent is
required by law to transmit; any memorandum, correspondence, notes, report or other communication prepared by,
or for, the specific use of a member of the Legislature in the course of the member's
official duties, except that this provision shall not apply to an otherwise publicly-accessible
report which is required by law to be submitted to the Legislature or its members; any copy, reproduction or facsimile of any photograph, negative or print, including
instant photographs and videotapes of the body, or any portion of the body, of a deceased
person, taken by or for the medical examiner at the scene of death or in the course
of a post mortem examination or autopsy made by or caused to be made by the medical
examiner except: when used in a criminal action or proceeding in this State which relates to the death
of that person, for the use as a court of this State permits, by order after good cause has been shown
and after written notification of the request for the court order has been served
at least five days before the order is made upon the county prosecutor for the county
in which the post mortem examination or autopsy occurred, for use in the field of forensic pathology or for use in medical or scientific education
or research, or for use by any law enforcement agency in this State or any other state or federal
law enforcement agency; criminal investigatory records; the portion of any criminal record concerning a person's detection, apprehension,
arrest, detention, trial or disposition for unlawful manufacturing, distributing,
or dispensing, or possessing or having under control with intent to manufacture, distribute,
or dispense, marijuana or hashish in violation of paragraph (11) of subsection b.
of N.J.S.2C:35-5 , or a lesser amount of marijuana or hashish in violation of paragraph (12) of subsection
b. of that section, or a violation of either of those paragraphs and a violation of
subsection a. of section 1 of P.L.1987, c. 101 ( C.2C:35-7 ) or subsection a. of section 1 of P.L.1997, c. 327 ( C.2C:35-7.1 ) for distributing, dispensing, or possessing, or having under control with intent
to distribute or dispense, on or within 1,000 feet of any school property, or on or
within 500 feet of the real property comprising a public housing facility, public
park, or public building, or for obtaining, possessing, using, being under the influence
of, or failing to make lawful disposition of marijuana or hashish in violation of
paragraph (3) or (4) of subsection a., or subsection b., or subsection c. of N.J.S.2C:35-10 , or for a violation of any of those provisions and a violation of N.J.S.2C:36-2 for using or possessing with intent to use drug paraphernalia with that marijuana
or hashish; victims' records, except that a victim of a crime shall have access to the victim's
own records; any written request by a crime victim for a record to which the victim is entitled
to access as provided in this section, including, but not limited to, any law enforcement
agency report, domestic violence offense report, and temporary or permanent restraining
order; personal firearms records, except for use by any person authorized by law to have
access to these records or for use by any government agency, including any court or
law enforcement agency, for purposes of the administration of justice; personal identifying information received by the Division of Fish and Wildlife in
the Department of Environmental Protection in connection with the issuance of any
license authorizing hunting with a firearm. For the purposes of this paragraph, personal identifying information shall include,
but not be limited to, identity, name, address, social security number, telephone
number, fax number, driver's license number, email address, or social media address
of any applicant or licensee; trade secrets and proprietary commercial or financial information obtained from any
source. For the purposes of this paragraph, trade secrets shall include data processing software
obtained by a public body under a licensing agreement which prohibits its disclosure; any record within the attorney-client privilege. This paragraph shall not be construed as exempting from access attorney or consultant
bills or invoices except that such bills or invoices may be redacted to remove any
information protected by the attorney-client privilege; administrative or technical information regarding computer hardware, software and
networks which, if disclosed, would jeopardize computer security; emergency or security information or procedures for any buildings or facility which,
if disclosed, would jeopardize security of the building or facility or persons therein; security measures and surveillance techniques which, if disclosed, would create a
risk to the safety of persons, property, electronic data or software; information which, if disclosed, would give an advantage to competitors or bidders; information generated by or on behalf of public employers or public employees in connection
with any sexual harassment complaint filed with a public employer or with any grievance
filed by or against an individual or in connection with collective negotiations, including
documents and statements of strategy or negotiating position; information which is a communication between a public agency and its insurance carrier,
administrative service organization or risk management office; information which is to be kept confidential pursuant to court order; any copy of form DD-214, NGB-22, or that form, issued by the United States Government,
or any other certificate of honorable discharge, or copy thereof, from active service
or the reserves of a branch of the Armed Forces of the United States, or from service
in the organized militia of the State, that has been filed by an individual with a
public agency, except that a veteran or the veteran's spouse or surviving spouse shall
have access to the veteran's own records; any copy of an oath of allegiance, oath of office or any affirmation taken upon assuming
the duties of any public office, or that oath or affirmation, taken by a current or
former officer or employee in any public office or position in this State or in any
county or municipality of this State, including members of the Legislative Branch,
Executive Branch, Judicial Branch, and all law enforcement entities, except that the
full name, title, and oath date of that person contained therein shall not be deemed
confidential; that portion of any document which discloses the social security number, credit card
number, unlisted telephone number or driver license number of any person, or, in accordance
with section 2 of P.L.2021, c. 371 ( C.47:1B-2 ), that portion of any document which discloses the home address, whether a primary
or secondary residence, of any active, formerly active, or retired judicial officer, law enforcement officer, child protective investigator in the Division of Child Protection and Permanency,
or prosecutor, or, as defined in section 1 of P.L.2021, c. 371 ( C.47:1B-1 ), any immediate family member thereof; except for use by any government agency, including
any court or law enforcement agency, in carrying out its functions, or any private
person or entity acting on behalf thereof, or any private person or entity seeking
to enforce payment of court-ordered child support; except with respect to the disclosure
of driver information by the New Jersey Motor Vehicle Commission as permitted by section
2 of P.L.1997, c. 188 ( C.39:2-3.4 ); and except that a social security number contained in a record required by law
to be made, maintained or kept on file by a public agency shall be disclosed when
access to the document or disclosure of that information is not otherwise prohibited
by State or federal law, regulation or order or by State statute, resolution of either
or both houses of the Legislature, Executive Order of the Governor, rule of court
or regulation promulgated under the authority of any statute or executive order of
the Governor; a list of persons identifying themselves as being in need of special assistance in
the event of an emergency maintained by a municipality for public safety purposes
pursuant to section 1 of P.L.2017, c. 266 ( C.40:48-2.67 ); and a list of persons identifying themselves as being in need of special assistance in
the event of an emergency maintained by a county for public safety purposes pursuant
to section 6 of P.L.2011, c. 178 (C.App.A:9-43.13). A government record shall not include, with regard to any public institution of higher
education, the following information which is deemed to be privileged and confidential: pedagogical, scholarly and/or academic research records and/or the specific details
of any research project conducted under the auspices of a public higher education
institution in New Jersey, including, but not limited to, research, development information,
testing procedures, or information regarding test participants, related to the development
or testing of any pharmaceutical or pharmaceutical delivery system, except that a
custodian may not deny inspection of a government record or part thereof that gives
the name, title, expenditures, source and amounts of funding and date when the final
project summary of any research will be available; test questions, scoring keys and other examination data pertaining to the administration
of an examination for employment or academic examination; records of pursuit of charitable contributions or records containing the identity
of a donor of a gift if the donor requires non-disclosure of the donor's identity
as a condition of making the gift provided that the donor has not received any benefits
of or from the institution of higher education in connection with such gift other
than a request for memorialization or dedication; valuable or rare collections of books or documents obtained by gift, grant, bequest
or devise conditioned upon limited public access; information contained on individual admission applications; and information concerning student records or grievance or disciplinary proceedings against
a student to the extent disclosure would reveal the identity of the student. “ Judicial officer ” means any active, formerly active, or retired federal, state, county, or municipal
judge, including a judge of the Tax Court and any other court of limited jurisdiction
established, altered, or abolished by law, a judge of the Office of Administrative
Law, a judge of the Division of Workers' Compensation, and any other judge established
by law who serves in the executive branch. “ Law enforcement agency ” means a public agency, or part thereof, determined by the Attorney General to have
law enforcement responsibilities. “ Law enforcement officer ” means a person whose public duties include the power to act as an officer for the
detection, apprehension, arrest, and conviction of offenders against the laws of this
State. “ Member of the Legislature ” means any person elected or selected to serve in the New Jersey Senate or General
Assembly. “ Personal firearms record ” means any information contained in a background investigation conducted by the chief
of police, the county prosecutor, or the Superintendent of State Police, of any applicant
for a permit to purchase a handgun, firearms identification card license, or firearms
registration; any application for a permit to purchase a handgun, firearms identification
card license, or firearms registration; any document reflecting the issuance or denial
of a permit to purchase a handgun, firearms identification card license, or firearms
registration; and any permit to purchase a handgun, firearms identification card license,
or any firearms license, certification, certificate, form of register, or registration
statement. For the purposes of this paragraph, information contained in a background investigation
shall include, but not be limited to, identity, name, address, social security number,
phone number, fax number, driver's license number, email address, or social media address of any applicant, licensee, registrant, or permit holder. “ Public agency ” or “ agency ” means any of the principal departments in the Executive Branch of State Government,
and any division, board, bureau, office, commission or other instrumentality within
or created by such department; the Legislature of the State and any office, board,
bureau or commission within or created by the Legislative Branch; and any independent
State authority, commission, instrumentality or agency. The terms also mean any political subdivision of the State or combination of political
subdivisions, and any division, board, bureau, office, commission or other instrumentality
within or created by a political subdivision of the State or combination of political
subdivisions, and any independent authority, commission, instrumentality or agency
created by a political subdivision or combination of political subdivisions. “ Victim of a crime ” means a person who has suffered personal or psychological injury or death or incurs
loss of or injury to personal or real property as a result of a crime, or if such
a person is deceased or incapacitated, a member of that person's immediate family. “ Victim's record ” means an individually identifiable file or document held by a victims' rights agency
which pertains directly to a victim of a crime except that a victim of a crime shall
have access to the victim's own records. “ Victims' rights agency ” means a public agency, or part thereof, the primary responsibility of which is providing
services, including, but not limited to, food, shelter, or clothing, medical, psychiatric,
psychological or legal services or referrals, information and referral services, counseling
and support services, or financial services to victims of crimes, including victims
of sexual assault, domestic violence, violent crime, child endangerment, child abuse
or child neglect, and the Victims of Crime Compensation Board, established pursuant
to P.L.1971, c. 317 ( C.52:4B-1 et seq. ) and continued as the Victims of Crime Compensation Office pursuant to P.L.2007, c. 95 ( C.52:4B-3.2 et al.) and Reorganization Plan No. 001-2008.
Frequently Asked Questions About New Jersey § 47:1a-1
What does New Jersey Statutes § 47:1a-1 cover?
Section 47:1a-1 is part of the New Jersey Statutes, the codified statutory law of New Jersey. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite New Jersey § 47:1a-1?
A common citation format is "New Jersey Statutes § 47:1a-1" (New Jersey). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of New Jersey law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the New Jersey official source linked on this page or consult a licensed New Jersey attorney.
How does New Jersey § 47:1a-1 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in New Jersey can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in New Jersey.