Bill Text: NJ A4989 | 2020-2021 | Regular Session | Introduced

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Bill Title: Establishes municipal liability for gross negligence in failing to protect person and property during riots.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced - Dead) 2020-11-16 - Introduced, Referred to Assembly Community Development and Affairs Committee [A4989 Detail]

Download: New_Jersey-2020-A4989-Introduced.html

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ASSEMBLY, No. 4989

STATE OF NEW JERSEY

219th LEGISLATURE

 

INTRODUCED NOVEMBER 16, 2020

 

 

Sponsored by:

Assemblyman  EDWARD H. THOMSON

District 30 (Monmouth and Ocean)

 

 

 

 

SYNOPSIS

     Establishes municipal liability for gross negligence in failing to protect persons and property during riots.

 

CURRENT VERSION OF TEXT

     As introduced.

  

An Act concerning municipal liability for gross negligence in certain circumstances and amending N.J.S.59:5-4.

 

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

 

     1.    N.J.S.59:5-4 is amended to read as follows:

     59:5-4.     Neither a public entity nor a public employee is liable for failure to provide police protection service or, if police protection service is provided, for failure to provide sufficient police protection service ¹, except that a municipality may be liable for an injury to a person or to property due to gross negligence in failing to provide police protection service or sufficient police protection service in response to a riot that the police had specific, credible evidence about in advance thereof¹.

(cf: N.J.S.59:5-4)

 

     2.    This act shall take effect immediately.

 

 

STATEMENT

 

     This bill would establish municipal liability for gross negligence in failing to protect persons and property during riots.  Current law provides that a public entity and a public employee are not liable for a failure to provide police protection service at all or sufficient police protection service.  This bill would create an exception to that general provision, establishing municipal liability for gross negligence in failing to provide police protection service, or sufficient police protection service, in response to a riot that the police had specific, credible evidence about beforehand.