Sen. Johnson Introduces ‘Protect Daniel’s Law Act’ to Safeguard Protections for NJ Judges, Law Enforcement

Daniel’s Law Faces Uncertain Future Amid Constitutional Challenges

TRENTON – New Jersey Senator Gordon Johnson (LD-37) introduced legislation today aimed at fixing Daniel's Law to better safeguard judges, law enforcement officials and others it was intended to protect.

“As a former Bergen County Sheriff, I am covered under Daniel’s Law, so it’s extremely important to me that the law works as originally intended to protect judges, law enforcement officers, and others covered by the law,” Senator Johnson said. “Unfortunately, Daniel’s Law is broken, and this legislation will fix it.”

Daniel’s Law was first enacted in 2020 to protect the personal addresses and phone numbers of judges and other covered individuals following the violent attack on U.S. District Court Judge Esther Salas and her family that resulted in the death of her son, Daniel.

The “Protect Daniel’s Law Act” restores the original intent of the law by ensuring the personal information of New Jersey judges, law enforcement officers and other public servants covered under the law is protected. It rolls back several amendments passed in 2023 that have undermined the law, hindered compliance, and led to hundreds of lawsuits and constitutional challenges that have put the future of Daniel’s Law in doubt.

The bill also gives covered persons a powerful new tool to prohibit the public disclosure of their personal information through a single, simple, verified request and holds businesses accountable through reporting and other requirements.

“The amendments made to Daniel’s Law weakened compliance, putting the safety and privacy of our public servants at risk,” said Senator Johnson. “This legislation will eliminate the loopholes and reaffirm the law’s original intent — to protect those who serve our communities, ensure that responsible businesses are treated fairly, and bad actors are held accountable.”

In September, the 3rd Circuit Court of Appeals questioned the constitutionality of Daniel’s Law, writing that the law “restricts” speech and appears to make individuals and businesses attempting in good faith to comply with the law “liable without fault.” The New Jersey Supreme Court has also agreed to review Daniel's Law.

Specifically, the "Protect Daniel’s Law Act”:

·        Creates an online portal to streamline the verification and authentication process to make it easier for covered persons to register and businesses to comply with the law

·        Reestablishes the role of the state Office of Information Privacy (OIP), which was eliminated by the 2023 amendments, to serve as an independent clearing house

·        Gives power back to covered persons by eliminating loopholes that allow predatory companies to manipulate the law for financial gain

·        Restores judicial discretion in awarding of damages for those who willfully fail to comply with Daniel’s Law

·        Extends protections to legislators and municipal court administrators

“Right now, we have a law that doesn’t work for anyone and could be struck down by the courts,” said Senator Johnson. “At a time of increased threats on police, our judiciary, hyper-polarization, and political violence, we cannot afford to sit by and do nothing.”