New Jersey-2024-A4966-Introduced

An Act concerning the statute of limitations for human trafficking cases, and amending Title 2C of the New Jersey Statutes.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. N.J.S.2C:1-6 is amended to read as follows:

2C:1-6. Time Limitations. a. (1) A prosecution for any offense set forth in N.J.S.2C:11-3, N.J.S.2C:11-4, section 1 of P.L.2005, c.77 (C.2C:13-8), sections 5 and 12 of P.L.2013, c.51 (C.2C:13-9 and C.2C:13-10), N.J.S.2C:14-2, or sections 1 through 5 of P.L.2002, c.26 (C.2C:38-1 through C.2C:38-5) may be commenced at any time.

(2) A prosecution for any offense set forth in N.J.S.2C:17-2, section 9 of P.L.1970, c.39 (C.13:1E-9), section 20 of P.L.1989, c.34 (C.13:1E-48.20), section 19 of P.L.1954, c.212 (C.26:2C-19), section 10 of P.L.1984, c.173 (C.34:5A-41), or section 10 of P.L.1977, c.74 (C.58:10A-10) may be commenced at any time.

b. Except as otherwise provided in this section, prosecutions for other offenses are subject to the following periods of limitations:

(1) A prosecution for a crime must be commenced within five years after it is committed;

(2) A prosecution for a disorderly persons offense or petty disorderly persons offense must be commenced within one year after it is committed;

(3) A prosecution for any offense set forth in N.J.S.2C:27-2, N.J.S.2C:27-4, N.J.S.2C:27-6, N.J.S.2C:27-7, N.J.S.2C:29-4, N.J.S.2C:30-2, N.J.S.2C:30-3, or any attempt or conspiracy to commit such an offense, must be commenced within seven years after the commission of the offense;

(4) A prosecution for an offense set forth in N.J.S.2C:14-3 or N.J.S.2C:24-4, when the victim at the time of the offense is below the age of 18 years, must be commenced within five years of the victim's attaining the age of 18 or within two years of the discovery of the offense by the victim, whichever is later;

(5) (Deleted by amendment, P.L.2007, c.131).

c. An offense is committed either when every element occurs or, if a legislative purpose to prohibit a continuing course of conduct plainly appears, at the time when the course of conduct or the defendant's complicity therein is terminated. Time starts to run on the day after the offense is committed, except that when the prosecution is supported by physical evidence that identifies the actor by means of DNA testing or fingerprint analysis, time does not start to run until the State is in possession of both the physical evidence and the DNA or fingerprint evidence necessary to establish the identification of the actor by means of comparison to the physical evidence.

d. A prosecution is commenced for a crime when an indictment is found and for a nonindictable offense when a warrant or other process is issued, provided that such warrant or process is executed without unreasonable delay. Nothing contained in this section, however, shall be deemed to prohibit the downgrading of an offense at any time if the prosecution of the greater offense was commenced within the statute of limitations applicable to the greater offense.

e. The period of limitation does not run during any time when a prosecution against the accused for the same conduct is pending in this State.

f. The limitations in this section shall not apply to any person fleeing from justice.

g. Except as otherwise provided in this code, no civil action shall be brought pursuant to this code more than five years after such action accrues.

(cf: P.L.2007, c.131, s.1)

2. Section 4 of P.L.2013, c.51 (C.2C:13-8.1) is amended to read as follows:

4. a. Any person injured, including injury due to the loss of moneys or property, real or personal, as a result of the commission of a human trafficking offense in violation of section 1 of P.L.2005, c.77 (C.2C:13-8), or section 5 of P.L.2013, c.51 (C.2C:13-9), may bring a civil action in any court of competent jurisdiction against: (1) the offender; (2) all those acting in concert with that offender; (3) all those knowingly deriving a pecuniary benefit from the offense, whether or not these parties are acting in concert with the offender; and (4) all those knowingly maintaining any victim of the offense, whether or not these parties are acting in concert with the offender. A civil action brought under this section shall not preclude the application of any other civil, administrative, or criminal remedy under any other provision of law.

b. (1) The standard of proof in a civil action brought pursuant to this section is a preponderance of the evidence, and the fact that a prosecution against the offending actor is not instituted or, whenever instituted, terminates without a conviction, shall not preclude a civil action.

(2) A final judgment rendered in favor of the State in any criminal proceeding shall estop the defendant from denying the same conduct in any civil action brought pursuant to this section.

c. In any civil action brought pursuant to this section, the court shall, in addition to any other appropriate legal or equitable relief, including damages for pain and suffering, recovery of reasonable costs for necessary medical, dental, and psychological services and punitive damages, award damages in an amount that is the greater of:

(1) the gross income or value to the defendant of the injured party's labor or services; or

(2) the value of the injured party's labor or services as determined by the "New Jersey Prevailing Wage Act," P.L.1963, c.150 (C.34:11-56.25 et seq.), the "New Jersey State Wage and Hour Law," P.L.1966, c.113 (C.34:11-56a et seq.), the Seasonal Farm Labor Act, P.L.1945, c.71 (C.34:9A-1 et seq.), the laws concerning the regulation of child labor in chapter 2 of Title 34 of the Revised Statutes, or any other applicable State law, and the "Fair Labor Standards Act of 1938," 29 U.S.C. s.201 et seq., or any other applicable federal law.

d. In addition to any damages, penalty, injunction, or other appropriate relief awarded in an action brought pursuant to this section, the court may award to the injured person bringing suit reasonable attorney's fees and costs.

e. (1) Notwithstanding the provisions of subsection g. of N.J.S.2C:1-6 or any other provision of law, a civil action brought under this section shall be commenced by the later of:

(a) 10 years after the cause of action accrued; or

(b) 10 years after the injured person reaches 18 years of age, if the injured person was a minor at the time of the injury; or

(2) (a) If the injury to the plaintiff results from two or more acts or a continuing course of conduct relating to the human trafficking of the plaintiff, the statute of limitations set forth in paragraph (1) of this subsection shall not commence until the final act in the series of acts has occurred or the course of conduct has concluded.

(b) The statute of limitations set forth in paragraph (1) of this subsection is tolled for any period during which the plaintiff was under a disability. For purposes of this subsection, a plaintiff is under a disability if the plaintiff is institutionalized for any mental illness, is a person with an intellectual disability, is found to be mentally incapacitated, or is in a medically comatose or vegetative state.

(c) A defendant in a civil action brought under this section is estopped from asserting that the action was not brought within the statute of limitations if the defendant, or any person acting on behalf of the defendant, has induced the plaintiff to delay bringing an action under this section by subjecting the plaintiff to duress, threats, intimidation, manipulation, or fraud or any other conduct inducing the plaintiff to delay bringing an action under this section.

(cf: P.L.2023, c.208, s.1)

3. This act shall take effect immediately.

STATEMENT

This bill eliminates the statute of limitations for criminal prosecutions of human trafficking, and extends the statute of limitations under which a victim of human trafficking may bring a civil suit against the perpetrator.

Under current law, a prosecution for human trafficking must be commenced, by way of an indictment, within five years after the offense is committed. Additionally, a civil suit brought by a victim must also be filed within five years.

Under the bill, a criminal prosecution may be commenced at any time. Also, under the bill, a civil suit may be filed within 10 years of the conduct, within 10 years of a victim turning 18 years old if the victim is a minor, or within two years of a plaintiff's discovery of the injury, whichever is later. Extending the civil statute of limitations to 10 years will bring State law into accord with similar provisions under federal law.

Under the bill, the civil statute of limitations will not begin to run until a continuing course of conduct relating to the human trafficking of the plaintiff is terminated. Furthermore, the statute of limitations may be tolled for any period of time during which the plaintiff is under a disability, which includes any intellectual disability, hospitalization for mental illness, or finding of mental incapacity. Finally, the bill prohibits a defendant who coerced a plaintiff to delay filing suit by means of intimidation, duress, threats, or fraud from asserting a defense that the statute of limitations has already run.