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A 3174

"Murphy's Law"; nullifies Governor's order, rule, or regulation to address declared emergency, or relevant portion thereof, when Governor violates same; creates affirmative defense to prosecution for same violation committed by Governor.

2026-2027 Regular Session Introduced by John DiMaio and 5 co-sponsors

The bill voids Governor-issued emergency orders if the Governor violates them, and provides an affirmative defense for others tied to those directives.

Introduced, Referred to Assembly State and Local Government Committee
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WeVote Research Nonpartisan
Bill Summary · A 3174

Bill Summary: A 3174 (New Jersey, 222nd Legislature) — “Murphy’s Law”

Purpose and Intent

  • The bill, referred to as “Murphy’s Law,” would nullify any order, rule, or regulation adopted by the Governor to address a declared state of emergency if the Governor himself violates that same order, rule, or regulation.
  • It also creates an affirmative defense to prosecution for the Governor’s violation of such orders, rules, or regulations, when the Governor committed the same violation (even if the Governor is not prosecuted).

Key Provisions

Section 17 (amendment to P.L.1942, c.251)

  • Adds an explicit provision: If the Governor violates an order, rule, or regulation adopted by the Governor to address a declared state of emergency, the Governor’s own violation renders that order/rule/regulation null and void and of no force or effect.
  • Existing offenses under the emergency act include various unlawful acts, obstruction, or disobedience during danger or emergencies. The new subsection (h) creates the Governor-specific nullification trigger.
  • Penalties for violations remain: a disorderly persons offense, up to 6 months in jail, up to $1,000 fine, or both.
  • Prosecution venue: municipal court where the offense occurred.
  • Burden of proof: State must prove all elements beyond a reasonable doubt.
  • Affirmative defense: It is an affirmative defense to prosecution for violations of orders/rules/regulations adopted by the Governor if the Governor committed the same violation, even if the Governor is not prosecuted for that same violation.

Section 18 (amendment to P.L.1942, c.251)

  • Extends the affirmative defense concept to aiding or abetting violations: an affirmative defense exists for aiding/abetting violations of Governor-devised orders/rules/regulations if the Governor committed the same violation (regardless of whether the Governor is prosecuted).

Section 3 — Effective Date

  • Takes effect immediately.
  • Applies to:
    • Prosecutions initiated before the effective date with no final judgment yet rendered.
    • Prosecutions initiated on or after the effective date.

Who/What Would Be Affected

  • The Governor’s own allegedly unlawful actions relating to any order, rule, or regulation issued under the state of emergency statute (N.J.S.A. 1942, c.251).
  • Individuals prosecuted under the disorderly persons provisions for violations of those Governor-issued orders/rules/regulations.
  • Individuals accused of aiding or abetting violations of those Governor-issued orders/rules/regulations.

Procedural and Timeline Considerations

  • Effective immediately upon enactment.
  • Applies retroactively to ongoing prosecutions that have not yet reached final judgment as of the effective date.
  • Governing standard remains “beyond a reasonable doubt” for offenses under Section 17.
  • Administrative and criminal consequences would hinge on whether a Governor’s violation triggers nullification of the governor-issued order/regulation.

Practical Implications and Considerations

  • Creates a unique, Governor-specific disciplinary mechanism within emergency management, tying the validity of emergency directives to the Governor’s compliance with them.
  • Potentially reduces enforceability of emergency orders if a Governor is found to violate them, by nullifying the underlying directive.
  • Introduces an affirmative defense framework for the Governor’s own violations, potentially limiting liability exposure for the Governor in certain circumstances.
  • Could raise questions about coordination with other state and local authorities who rely on Governor-issued orders during emergencies.

Summary

A 3174 seeks to make Governor-issued emergency orders void if the Governor violates those orders, while also providing an affirmative defense to others and to aiding/abetting violations tied to the Governor’s directives. The bill emphasizes accountability for the Governor’s compliance with emergency measures and imposes familiar disorderly conduct penalties for violations, with immediate applicability to ongoing and future prosecutions.

Compiled from official sources — confirm details with the bill’s official record.

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