Bill Text: NJ S3564 | 2024-2025 | Regular Session | Introduced
Bill Title: Removes certain limitations on recovery for victims of certain sexual offenses.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2024-09-12 - Introduced in the Senate, Referred to Senate Judiciary Committee [S3564 Detail]
Download: New_Jersey-2024-S3564-Introduced.html
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 introduced.
An Act concerning judgements against public entities and amending N.J.S.59:9-2.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
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) No 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 this subsection shall not apply:
(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 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.
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)
2. This act shall take effect immediately.
STATEMENT
This bill permits the recovery of damages to be awarded against a public entity or public employee for pain and suffering resulting from certain injuries.
Under current law, no damages are awarded against a public entity or public employee for pain and suffering resulting from any injury. This limitation does not apply 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.
This bill establishes that the limitation against recovery also does not apply to an action at law for an injury resulting from the commission of sexual assault, a prohibited sexual act as defined in N.J.S.A.2A:30B-2, sexual abuse as defined in N.J.S.A.2A:61B-1, or any other crime of sexual nature.
