Bill Text: NJ S4207 | 2026-2027 | Regular Session | Introduced
Bill Title: Clarifies protections and remedies under New Jersey Civil Rights Act; establishes certain aggravating factors regarding award of punitive damages.
Sponsorship: Partisan Bill (Democrat 2)
Status: (Introduced) 2026-05-11 - Introduced in the Senate, Referred to Senate Judiciary Committee [S4207 Detail]
Download: New_Jersey-2026-S4207-Introduced.html
Sponsored by:
Senator RAJ MUKHERJI
District 32 (Hudson)
SYNOPSIS
Clarifies protections and remedies under New Jersey Civil Rights Act; establishes certain aggravating factors regarding award of punitive damages.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning the New Jersey Civil Rights Act, supplementing Title 10 of the Revised Statutes, and amending P.L.2004, c.143.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. (New section) The Legislature finds and declares that:
a. The New Jersey Civil Rights Act, enacted by P.L.2004, c.143 (C.10:6-1 et seq.), authorizes individuals to pursue a civil action for monetary damages and other relief when their constitutional rights are violated by a private person or any federal or State government official acting under color of law.
b. Current federal law, including the principal federal civil rights statute, 42 U.S.C. s.1983, and judicial precedent, does not provide individuals with adequate civil remedies for violations of their constitutional rights.
c. Due to limitations on who may be liable, barriers imposed by various immunity doctrines, and inadequate remedies, federal law significantly limits the extent to which an individual can obtain redress for constitutional violations.
d. Pursuant to the police powers reserved to the states by the Tenth Amendment of the United States Constitution, New Jersey has the constitutional authority to enact legislation to protect the health, safety, and welfare of individuals within its jurisdiction.
e. While the federal civil rights statute, 42 U.S.C. s.1983, has provided an important guide for federal and State courts in applying the New Jersey Civil Rights Act, State remedies for constitutional harms need not be subject to its limitations.
f. Therefore, consistent with the State's strong commitment to safeguarding individual rights, it is fitting and proper to amend the New Jersey Civil Rights Act to clarify the scope of protections and remedies it affords and to guide federal and State courts in interpreting its provisions in a manner consistent with the State's public policy.
2. Section 2 of P.L.2004, c.143 (C.10:6-2) shall be amended to read as follows:
2. a. If a person, whether or not acting under color of law of the United States or of any state, territory, or the District of Columbia, subjects or causes to be subjected any other person to the deprivation of any [substantive due process or equal protection] rights, privileges, or immunities secured by the Constitution or laws of the United States, or any [substantive] rights, privileges, or immunities secured by the Constitution or laws of this State, the Attorney General may bring a civil action for damages and for injunctive, declaratory, or other appropriate relief. The civil action shall be brought in the name of the State and may be brought on behalf of the injured party. If the Attorney General proceeds with and prevails in an action brought pursuant to this subsection, the court shall order the distribution of any award of damages to the injured party and shall award reasonable attorney's fees and costs to the Attorney General. The penalty provided in paragraph (1) of subsection e. of this section shall be applicable to a violation of this subsection.
b. If a person, whether or not acting under color of law of the United States or of any state, territory, or the District of Columbia, interferes or attempts to interfere [by threats, intimidation or coercion] with the exercise or enjoyment by any other person of any [substantive due process or equal protection] rights, privileges, or immunities secured by the Constitution or laws of the United States, or any [substantive] rights, privileges, or immunities secured by the Constitution or laws of this State, the Attorney General may bring a civil action for damages and for injunctive, declaratory, or other appropriate relief. The civil action shall be brought in the name of the State and may be brought on behalf of the injured party. If the Attorney General proceeds with and prevails in an action brought pursuant to this subsection, the court shall order the distribution of any award of damages to the injured party and shall award reasonable attorney's fees and costs to the Attorney General. The penalty provided in paragraph (1) of subsection e. of this section shall be applicable to a violation of this subsection.
c. Any person who has been deprived, by a person acting under color of law of the United States or of any state, territory, or the District of Columbia, of [any substantive due process or equal protection] any rights, privileges, or immunities secured by the Constitution or laws of the United States, or any [substantive] rights, privileges, or immunities secured by the Constitution or laws of this State, or whose exercise or enjoyment of those [substantive] rights, privileges, or immunities has been interfered with or attempted to be interfered with [, by threats, intimidation or coercion] by a person acting under color of law of the United States or any state, territory, or the District of Columbia, may bring a civil action for damages and for injunctive, declaratory, or other appropriate relief. The penalty provided in paragraph (1) of subsection e. of this section shall be applicable to a violation of this subsection.
d. An action brought pursuant to [this act] P.L. , c. (C. ) (pending before the Legislature as this bill) may be filed in Superior Court. Upon application of any party, a jury trial shall be directed.
e. (1) Any person who deprives, interferes, or attempts to interfere by threats, intimidation, or coercion with the exercise or enjoyment by any other person of any [substantive due process or equal protection] rights, privileges, or immunities secured by the Constitution or laws of the United States, or any [substantive] rights, privileges, or immunities secured by the Constitution or laws of this State, is liable for a civil penalty for each violation. The court or jury, as the case may be, shall determine the appropriate amount of the penalty. Any money collected by the court in payment of a civil penalty shall be conveyed to the State Treasurer for deposit into the State General Fund.
(2) In any action brought pursuant to P.L. , c. (C. ) (pending before the Legislature as this bill), if the court or jury, as the case may be, determines that punitive damages should be awarded, the court or jury, in determining the amount of punitive damages, shall consider all relevant aggravating factors existing at the time of the violation including, but not limited to, the following:
(a) whether the person wore a facial covering;
(b) whether the person was a law enforcement officer who failed to identify or disclose the person's identity as a law enforcement officer either verbally or by wearing identifying insignia, such as a badge, agency logo, or patch, or by providing the person's name, badge or identification number, and employing agency or department;
(c) whether the person was a law enforcement officer who failed to use a body-worn camera as required by, or consistent with, applicable federal or State law, regulation, or agency policy;
(d) whether the person was operating or using a motor vehicle without a license plate or with a license plate that was fully or partially obscured;
(e) whether the person used crowd control equipment; or
(f) whether at the time of the violation of P.L. , c. (C. ) (pending before the Legislature as this bill), the person violated or failed to comply with a material term or condition of a court order, or consent decree issued by a court, that was applicable to the person acting under color of law.
f. In addition to any damages, civil penalty, injunction, declarative, or other appropriate relief awarded in an action brought pursuant to subsection c. of this section, the court [may] shall award the prevailing [party] plaintiff reasonable attorney's fees and costs.
g. Qualified immunity and other judicially established or State statutory immunities shall not apply to claims brought pursuant to P.L. , c. (C. ) (pending before the Legislature as this bill).
h. Consistent with the State's interest in providing broad protections for individual rights, the interpretation of P.L. , c. (C. ) (pending before the Legislature as this bill), and the application of its substantive and procedural requirements, shall not be limited by the interpretation of parallel provisions of 42 U.S.C. s.1983. When considering any matter or issue arising under P.L. , c. (C. ) (pending before the Legislature as this bill) including, but not limited to, jurisdiction, discovery, procedure, admissibility of evidence, or remedies, a court shall exercise its discretion to effectuate the State's public policy of affording the broad enjoyment of civil rights secured by the Constitution of the United States and the Constitution of the State of New Jersey, while considering relevant equitable factors.
i. For purposes of this section:
"Crowd control equipment" means any equipment or device designed to control or disperse a person including, but not limited to, kinetic impact projectiles; compressed-air launchers, such as the FN 303; pneumatic projectile launchers; oleoresin capsicum spray, CS gas, CN gas, or other chemical irritants; 40-millimeter munitions launchers; less-lethal shotguns; less-lethal ammunition as defined in N.J.S.2C:3-11; specialty impact-chemical munitions; controlled noise and light distraction devices; and electronic control weapons.
"Facial covering" means any opaque mask, garment, helmet, headgear, or other item that conceals or obscures a person's facial identity including, but not limited to, a balaclava, tactical mask, gaiter mask, ski mask, or any similar facial covering or face-shielding item. "Facial covering" shall not include a medical-grade mask designed to prevent the transmission of diseases; a facial covering designed to protect against exposure to smoke during a declared State of Emergency related to wildfires; or protective gear used by Special Weapons and Tactics (SWAT) team officers that is necessary to protect them from harm while performing SWAT responsibilities.
"Prevailing plaintiff" means any person who, on a claim brought pursuant to P.L. , c. (C. ) (pending before the Legislature as this bill), obtains some or all of the relief sought through a judgment entered by the court, a settlement agreement approved by the court; or an interlocutory order entered by the court; whether or not the court reaches a final judgement, provided that the interlocutory order is not reversed on appeal; or any person whose nonfrivolous claim brought pursuant to P.L. , c. (C. ) (pending before the Legislature as this bill) was a catalyst for a unilateral change in position by the opposing party relative to the relief sought.
(cf: P.L.2004, c.143, s.2)
3. This act shall take effect immediately and shall apply retroactively to January 1, 2025, provided that, for any claim for a violation of the United States Constitution that occurred between January 1, 2025, and the effective date of this act, the only monetary damages that shall be available pursuant to this act for that violation are compensatory damages.
STATEMENT
This bill clarifies the scope of protections and remedies available under the New Jersey Civil Rights Act, P.L.2004, c.142 (C.10:6-1 et seq.), and establishes certain aggravating factors to be considered when determining an award of punitive damages.
Under the bill, when determining the amount of punitive damages awarded in any action brought under the act, the court or jury is required to consider all relevant aggravating factors existing at the time of the violation including, but not limited to, the following:
(1) whether the person wore a facial covering;
(2) whether the person was a law enforcement officer who failed to identify or disclose their identity as a law enforcement officer or wear identifying insignia;
(3) whether the person was a law enforcement officer who failed to use a body-worn camera as required by, or consistent with, applicable federal or State law, regulation, or agency policy;
(4) whether the person was operating or using a motor vehicle without a license plate or with a license plate that was fully or partially obscured;
(5) whether the person used crowd control equipment; or
(6) at the time of the violation, the person violated or failed to comply with a court order, or consent decree issued by a court, that was applicable to the person acting under color of law.
In addition, the bill provides that qualified immunity and other judicially established or State statutory immunities do not apply to claims brought under the New Jersey Civil Rights Act. The bill instructs courts not to limit their interpretation of the act by reference to parallel provisions in the federal civil rights statute, 42 U.S.C. s.1983. When considering any matter or issue arising under the act, the bill requires courts to exercise their discretion to effectuate the State's public policy of affording the broad enjoyment of civil rights secured by the Constitution of the United States and the Constitution of the State of New Jersey, while considering relevant equitable factors.
The bill is to take effect immediately and apply retroactively to January 1, 2025, provided that, for any claim for a violation of the United States Constitution occurring between January 1, 2025, and the effective date of this act, the only monetary damages available for a violation of this act are compensatory damages.
