New Jersey § 52:17b-107

§ 52:17b-107.

a. (1) Whenever in the opinion of the Attorney General the interests of the State will be

furthered by so doing, the Attorney General may (a) supersede a county prosecutor in any investigation, criminal action or proceeding, (b) participate in any investigation, criminal action or proceeding, or (c) initiate any investigation, criminal action or proceeding. (2) Whenever a person's death occurs during an encounter with a police officer or

other law enforcement officer acting in the officer's official capacity or while the

decedent was in custody, the Attorney General shall supersede the county prosecutor

of the county in which the incident occurred for the purpose of conducting, personally

or by a designated deputy or assistant attorney general, any investigation, criminal

action or proceeding concerning the incident. The Attorney General or designee shall present evidence concerning the incident

to a county grand jury impaneled pursuant to N.J.S.2B:21-1 et seq. , or a State grand jury, either one regularly impaneled or one requested to be impaneled

by the Attorney General or the Director of the Division of Criminal Justice pursuant

to N.J.S.2B:22-1 for this specific purpose, in order to determine if the evidence supports the return

of an indictment against the officer. Any further investigation, criminal action or proceeding, following an indictment,

shall be conducted under the law as any other investigation, criminal action or proceeding

resulting from a grand jury indictment; provided that, pursuant to either N.J.S.2B:21-7 or N.J.S.2B:22-7 , as applicable, the venue for any action or proceeding shall be a court or tribunal

located in a county other than the county in which the incident, resulting in the

officer's indictment, occurred. In such instances of supersession, except as provided in paragraph (2) of this subsection , the Attorney General or designated deputy or assistant attorney general may appear for the State in any court or tribunal for the purpose of conducting such

investigations, criminal actions or proceedings as shall be necessary to promote and

safeguard the public interests of the State and secure the enforcement of the laws

of the State. b. The Attorney General may in his discretion act for any county prosecutor in representing

the interests of the State in any and all appeals and applications for post-conviction

remedies.