ASSEMBLY APPROPRIATIONS COMMITTEE

STATEMENT TO

[First Reprint]

ASSEMBLY, No. 4684

with committee amendments

STATE OF NEW JERSEY

DATED:  OCTOBER 24, 2024

      The Assembly Appropriations Committee reports favorably Assembly Bill No. 4684 (1R) and with committee amendments.

      As amended, this bill permits the recovery of damages to be awarded against a public entity or public employee for pain and suffering resulting from certain injuries.

      Under current law, no damages are awarded against a public entity or public employee for pain and suffering resulting from any injury.  This limitation does not apply in cases of permanent loss of a bodily function, permanent disfigurement, or dismemberment where the medical treatment expenses are in excess of $3,600.

      The bill provides that the limitation against recovery also does not apply to an action at law filed pursuant to N.J.S.A.59:2-1.3.  Under current law, N.J.S.A.59:2-1.3 provides that immunity for civil liability granted to public entities and public employees under the “New Jersey Tort Claims Act,” N.J.S.A.59:1-1 et seq., does not apply to an action at law for damages as a result of sexual assault, any other crime of a sexual nature, a prohibited sexual act, or sexual abuse being committed against: (1) a person, which was caused by a willful, wanton, or grossly negligent act of the public entity or public employee; or (2) a minor under the age of 18, which was caused by the negligent hiring, supervision, or retention of any public employee.

COMMITTEE AMENDMENTS:

      The committee amended the bill to:

      (1) clarify that the recovery for pain and suffering does not apply to an action at law filed pursuant to N.J.S.A.59:2-1.3;

      (2) amend the title of the bill to reflect an additional amendatory section; and

      (3) make technical changes.

FISCAL IMPACT:

      The Office of Legislative Services (OLS) finds that this bill may lead to some periodic cost increases to the Judiciary due to an uptick in civil liability cases.  Current law provides that immunity for civil liability granted to public entities and public employees does not apply to an action at law for damages as a result of certain sexual offenses committed under certain circumstances.  However, this bill permits the recovery of damages for pain and suffering to be awarded against a public entity or public employee from injuries from certain sexual offenses without meeting the current $3,600 threshold for physical injuries or medical treatment.  The OLS notes that although this bill clarifies certain sections of the current law, actions at law against public entities and public employees for certain sexual offenses committed against a person or a minor have previously been and continue to be filed under the New Jersey Tort Claims Act.  Therefore, the increase in caseload is likely to be minimal.  The State and local government entities may also be liable to pay additional civil penalties under the bill.