ASSEMBLY, No. 2916

STATE OF NEW JERSEY

215th LEGISLATURE

 

INTRODUCED MAY 14, 2012

 


 

Sponsored by:

Assemblywoman  NANCY F. MUNOZ

District 21 (Morris, Somerset and Union)

Assemblyman  ANTHONY M. BUCCO

District 25 (Morris and Somerset)

 

Co-Sponsored by:

Assemblywoman Handlin

 

 

 

 

SYNOPSIS

     Exempts homestead from attachment in medical malpractice judgment.

 

CURRENT VERSION OF TEXT

     As introduced.

  


An Act concerning medical malpractice judgments and supplementing Title 17 of the Revised Statutes.

 

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

 

     1.    a.  As used in this section:

     "Condominium" means the form of real property ownership provided for under the "Condominium Act," P.L.1969, c.257 (C.46:8B-1 et seq.).

     "Dwelling house" means any residential property assessed as real property but shall not include a unit in a condominium or a horizontal property regime.

     "Homestead" means:

     (1)   a dwelling house and the land on which that dwelling house is located which constitutes the place of the owner's domicile and is owned and used by the owner as the owner's principal residence;

     (2)   a condominium unit or a unit in a horizontal property regime which constitutes the place of the owner's domicile and is owned and used by the owner as the owner's principal residence; or

     (3)   a manufactured home as defined in section 2 of P.L.1990, c.61 (C.54:4-8.58).

     "Horizontal property regime" means the form of real property ownership provided for under the "Horizontal Property Act," P.L.1963, c.168 (C.46:8A-1 et seq.).

     "Judgment debtor" means a health care provider who, as a defendant in an action brought for medical malpractice, is required to pay the claimant an award that is subject to the provisions of this section.

     "Owner" means a person possessing legal or equitable title to a homestead.

     "Principal residence" means a homestead occupied by the owner as the owner's permanent residence, as distinguished from a vacation home, property owned and rented or offered for rent by the owner, and other secondary real property holdings.

     b.    Notwithstanding any law to the contrary, in any judgment resulting from a medical malpractice action brought by a claimant for medical malpractice, the judgment debtor may hold a homestead exempt from attachment, execution, and forced sale based on that judgment.

 

     2.    This act shall take effect immediately.

 

 

STATEMENT

 

     This bill allows a health care provider to hold a homestead, as defined in the bill, exempt from attachment, execution, and forced sale in any judgment resulting from a medical malpractice action brought by a claimant for medical malpractice.