SENATE, No. 540
STATE OF NEW JERSEY
PRE-FILED FOR INTRODUCTION IN THE 2004 SESSION
Senator JOSEPH F. VITALE
District 19 (Middlesex)
Senator NIA H. GILL
District 34 (Essex and Passaic)
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)
Assemblywoman Voss, Assemblymen Payne, Gordon and Senator Turner
Modifies the Charitable Immunity Act.
CURRENT VERSION OF TEXT
As amended by the General Assembly on June 30, 2005.
(Sponsorship Updated As Of: 12/16/2005)
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 1to a claim1 in any civil action 1[which alleges]1 that the negligent hiring 1[or], 1 supervision 1or retention1 of any employee 1, agent or servant1 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 1[section]supplementary act, P.L. ,
c. (C. )(now pending before the Legislature as this bill)1 , "sexual offense" means 1any actions that would constitute1 any crime 2[defined] set forth2 in chapter 14 of Title 2C of the New Jersey Statutes 2or set forth in paragraph (3) or (4) of subsection b. of N.J.S.2C:24-42.
12. 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.1
1[2.] 3.1 This act shall take effect immediately.