S3739

An Act concerning civil actions against public entities and public employees arising from acts of sexual abuse and amending P.L.2019, c.120.

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

1. Section 7 of P.L.2019, c.120 (C.59:2-1.3) is amended to read as follows:

7. a. Notwithstanding any other provision of law to the contrary, including but not limited to the “New Jersey Tort Claims Act," N.J.S.59:1-1 et seq. [,] :

(1) any immunity from civil liability granted to a public entity [is liable in an action at law for an injury resulting from the commission of] or public employee shall not apply to an action at law claiming that a willful, wanton or grossly negligent act of a public entity or public employee resulted in a sexual assault, any other crime of a sexual nature, a prohibited sexual act as defined in section 2 of P.L.1992, c.7 (C.2A:30B-2), or sexual abuse as defined in section 1 of P.L.1992, c.109 (C.2A:61B-1) being committed against a person; and

(2) any immunity from civil liability granted to a public entity shall not apply to an action at law claiming that the negligent hiring, supervision or retention of any public employee resulted in a sexual assault, any other crime of a sexual nature, a prohibited sexual act as defined in section 2 of P.L.1992, c.7 (C.2A:30B-2), or sexual abuse as defined in section 1 of P.L.1992, c.109 (C.2A:61B-1) being committed against a minor under the age of 18.

b. Every action at law involving a public entity or public employee as described in subsection a. of this section shall be subject to the statute of limitations set forth in section 2 of P.L.2019, c.120 (C.2A:14-2a), and may be brought during the two-year period set forth in subsection a. of section 9 of P.L.2019, c.120 (C.2A:14-2b), notwithstanding that the action would otherwise be barred through application of the statute of limitations.

(cf: PL2019, c.120, s.7)

2. This act shall take effect on December 1, 2019, the same day that P.L.2019, c.120 (C.2A:14-2a et al.) takes effect, and shall apply to any cause of action filed on or after that date, as well as any cause of action filed prior to that effective date that has not yet been finally adjudicated or dismissed by a court as of that effective date.

STATEMENT

This bill establishes new liability standards in sexual abuse lawsuits filed against public entities and public employees. These new standards are identical to the liability standards applied to non-profit organizations, and their officers, employees and other agents, based on exceptions to the immunity granted to such organizations and agents under the Charitable Immunity Act, P.L.1959, c.90 (C.2A:53A-7 et seq.), as revised by P.L.2019, c.120 (C.2A:14-2a et al.).

Thus, a public entity or public employee could be held liable for willful, wanton or grossly negligent acts resulting in a “sexual assault, any other crime of a sexual nature, a prohibited sexual act as defined in section 2 of P.L.1992, c.7 (C.2A:30B-2), or sexual abuse as defined in section 1 of P.L.1992, c.109 (C.2A:61B-1)” being committed against a person; and a public entity could be held liable for a claim that its negligent hiring, supervision or retention of any public employee resulted in any such form of sexual abuse being committed against a minor under the age of 18 years (there would be no such “simple” negligence liability for any public employees under this cause of action, just like no there is no liability for a non-profit organization’s agents). See P.L.2005, c.264, s.1 (C.2A:53A-7.4) (cause of action for negligent hiring, supervision or retention permitted against the nonprofit organization otherwise immune from negligence suits under the Charitable Immunity Act).

The bill would take effect on December 1, 2019, the same effective date as P.L.2019, c.120 (C.2A:14-2a et al.), which enactment, inter alia, (1) creates new, extended statute of limitations periods for civil actions by child and adult victims of sexual abuse (child victim – suit must be filed by the 55th birthday, or within seven years of discovering the injury, whichever date is later; adult victim – suit must be filed within seven years of discovering the injury), and (2) establishes a two-year window during which actions may be commenced even though they would otherwise be time-barred, even after using the appropriate new, extended statute of limitations period. The bill expressly indicates that once lawsuits can commence against public entities and public employers beginning on December 1, 2019, these suits, and any suits previously filed that have not yet been finally adjudicated or dismissed, would be subject to the new, extended statute of limitations, and lawsuits could, if otherwise time-barred, be brought during the two-year window.