Bill Text: NJ S3564 | 2024-2025 | Regular Session | Amended

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Bill Title: Removes certain limitations on recovery for victims of certain sexual offenses.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-10-24 - Referred to Senate Budget and Appropriations Committee [S3564 Detail]

Download: New_Jersey-2024-S3564-Amended.html

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[First Reprint]

SENATE, No. 3564

STATE OF NEW JERSEY

221st LEGISLATURE

 

INTRODUCED SEPTEMBER 12, 2024

 

 

Sponsored by:

Senator  JOSEPH F. VITALE

District 19 (Middlesex)

 

 

 

 

SYNOPSIS

     Removes certain limitations on recovery for victims of certain sexual offenses.

 

CURRENT VERSION OF TEXT

     As reported by the Senate Judiciary Committee on October 24, 2024, with amendments.

  

An Act concerning judgements against public entities and amending ¹P.L.2019, c.120 and¹ N.J.S.59:9-2.

 

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

 

      ¹1.    Section 7 of P.L.2019, c.120 (C.59:2-1.3) is amended to read as follows:

      7.  a.  Notwithstanding any provision of the "New Jersey Tort Claims Act," N.J.S.59:1-1 et seq., to the contrary:

      (1)  immunity from civil liability granted by that act to a public entity or public employee shall not apply to an action at law for damages as a result of a sexual assault, any other crime of a sexual nature, a prohibited sexual act as defined in section 2 of P.L.1992, c.7 (C.2A:30B-2), or sexual abuse as defined in section 1 of P.L.1992, c.109 (C.2A:61B-1) being committed against a person, which was caused by a willful, wanton, or grossly negligent act of the public entity or public employee; and

      (2)  immunity from civil liability granted by that act to a public entity shall not apply to an action at law for damages as a result of a sexual assault, any other crime of a sexual nature, a prohibited sexual act as defined in section 2 of P.L.1992, c.7 (C.2A:30B-2), or sexual abuse as defined in section 1 of P.L.1992, c.109 (C.2A:61B-1) being committed against a minor under the age of 18, which was caused by the negligent hiring, supervision, or retention of any public employee.

      b.   Every action at law involving a public entity or public employee as described in subsection a. of this section shall be subject to the statute of limitations set forth in section 2 of P.L.2019, c.120 (C.2A:14-2a), and may be brought during the two-year period set forth in subsection a. of section 9 of P.L.2019, c.120 (C.2A:14-2b), notwithstanding that the action would otherwise be barred through application of the statute of limitations.

      c.   The recovery limits set forth under subparagraph (a) of paragraph (2) of subsection d. of N.J.S.59:9-2 shall not apply to an action at law filed pursuant to this section.¹

(cf: P.L.2019, c.239, s.1)

 

        ¹[1.] 2.¹    N.J.S.59:9-2 is amended to read as follows:

      59:9-2.  a.  No interest shall accrue prior to the entry of judgment against a public  entity or public employee.

      b.   No judgment shall be granted against a public entity or public employee  on the basis of strict liability, implied warranty or products liability.

      c.   No punitive or exemplary damages shall be awarded against a public entity.

      d.   (1) ¹[No] Except as provided in this subsection, no¹ damages shall be awarded against a public entity or public employee for pain and suffering resulting from any injury [; provided, however, that this] . 

      (2)  The limitation on the recovery of damages for pain and suffering pursuant to ¹paragraph (1) of¹ this subsection shall not apply ¹:¹

      (a) in cases of permanent loss of a bodily function, permanent disfigurement or  dismemberment where the medical treatment expenses are in excess of $3,600.00; or

      (b)  to an action at law ¹[for an injury resulting from the commission of sexual assault, a prohibited sexual act as defined in section 2 of P.L.1992, c.7 (C.2A:30B-2), sexual abuse as defined in section 1 of P.L.1992, c.109 (C.2A:61B-1), or any other crime of a sexual nature] filed pursuant to section 7 of P.L.2019, c.120 (C.59:2-1.3)¹.

      For purposes of this section, "medical treatment expenses" are defined as the  reasonable value of services rendered for necessary surgical, medical and  dental treatment of the claimant for such injury, sickness, or disease, including prosthetic devices and ambulance, hospital, or professional nursing  service.

      e.   If a claimant receives or is entitled to receive benefits for the injuries allegedly incurred from a policy or policies of insurance or any other  source other than a joint tortfeasor, such benefits shall be disclosed to the  court and the amount thereof which duplicates any benefit contained in the  award shall be deducted from any award against a public entity or public employee recovered by such claimant;  provided, however, that nothing in this provision shall be construed to limit the rights of a beneficiary under a life insurance policy.  No insurer or other person shall be entitled to bring an action under a subrogation provision in an insurance contract against a public entity or public employee.

(cf: P.L.2000, c.126, s.32)

 

     ¹[2.] 3.¹  This act shall take effect immediately.