ASSEMBLY, No. 2512

 

STATE OF NEW JERSEY

 

211th LEGISLATURE

 

INTRODUCED MARCH 11, 2004

 

 

Sponsored by:

Assemblyman NEIL M. COHEN

District 20 (Union)

Assemblyman ANTHONY CHIAPPONE

District 31 (Hudson)

Assemblyman CHRISTOPHER "KIP" BATEMAN

District 16 (Morris and Somerset)

Assemblyman PATRICK DIEGNAN, JR.

District 18 (Middlesex)

 

Co-Sponsored by:

Assemblywoman Voss and Assemblyman Payne

 

 

 

 

SYNOPSIS

    Modifies the Charitable Immunity Act.

 

CURRENT VERSION OF TEXT

    As introduced.

 

(Sponsorship Updated As Of: 6/24/2005)


An Act concerning the immunity of charitable organizations in certain circumstances and supplementing Title 2A of the New Jersey Statutes.

 

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

 

    1. The immunity from civil liability granted to a nonprofit corporation, society or association organized exclusively for religious, charitable, educational or hospital purposes pursuant to the provisions of P.L.1959, c.90 (C.2A:53A-7 to 2A:53A-11) shall not apply to a claim in any civil action that the negligent hiring, supervision or retention of any employee, agent or servant resulted in a sexual offense being committed against a person under the age of 18 who was a beneficiary of the nonprofit organization. As used in this supplementary act, P.L. ,c. (C. )(now pending before the Legislature as this bill) , "sexual offense" means any actions that would constitute any crime defined in chapter 14 of Title 2C of the New Jersey Statutes.

 

    2. The provisions of this supplementary act, P.L. ,c. (C. ) (now pending before the Legislature as this bill), shall apply prospectively and also shall be applicable to all civil actions for which the statute of limitations has not expired as of the effective date of this act, including the statutes of limitation set forth in N.J.S.2A:14-2, section 1 of P.L.1964, c.214 (C.2A:14-2.1), section 1 of P.L.1992, c.109 (C.2A:61B-1) or any other statute. These applicable actions include but are not limited to matters filed with a court that have not yet been dismissed or finally adjudicated as of the effective date of this act.

 

    3. This act shall take effect immediately.

 

 

STATEMENT

 

    Under the provisions of the Charitable Immunity Act (N.J.S.2A:53A:-7 to 2A:53A-11), nonprofit organizations organized for charitable purposes are generally immune from liability in civil cases. In Schultz v. Roman Catholic Archdiocese of Newark, 95 N.J.530 (1984), the New Jersey Supreme Court held that this statutory grant of charitable immunity was applicable in cases involving allegations that the charitable organization's negligent hiring and supervision of an employee resulted in the sexual assault of a child. This bill would provide that the Charitable Immunity Act would not apply in cases involving the negligent hiring, supervision or retention of any employee, agent or servant when such negligence caused the sexual molestation of a person under 18 years of age who was a beneficiary of the charitable organization. This bill would also provide that a person need not have been charged with a crime for the bill's provision to be applicable.

    Section 2 of the bill clarifies that the provisions of the bill are not only prospective but also shall be applicable retroactively to actions for which the statute of limitations has not expired as of the effective date of this bill. These applicable actions include but are not limited to matters filed with a court that have not yet been dismissed or finally adjudicated as of the effective date of this bill.

    It is the sponsor's intent to permit persons with causes of action that are not time-barred to proceed to file these actions.