SENATE BUDGET AND APPROPRIATIONS COMMITTEE

STATEMENT TO

[Second Reprint]

ASSEMBLY, No. 4684

STATE OF NEW JERSEY

DATED:  FEBRUARY 3, 2025

      The Senate Budget and Appropriations Committee reports favorably Assembly Bill No. 4684 (2R).

      This bill permits the recovery of damages to be awarded against a public entity or public employee for pain and suffering based on an action at law for injury resulting from the commission of sexual assault, a prohibited sexual act as defined in section 2 of P.L.1992, c.7 (C.2A:30B-2), sexual abuse as defined in section 1 of P.L.1992, c.109 (C.2A:61B-1), or any other crime of a sexual nature.  The list of acts for which pain and suffering damages may be awarded against a public entity or public employee is based upon the list of acts of abuse for which the Legislature previously eliminated immunity from civil liability for governmental actors under the “New Jersey Tort Claims Act,” N.J.S.59:1-1 et seq., applied new, extended statute of limitations periods for victims to file civil actions against such public actors, and made them generally liable in any such action in the same manner as private parties.  See P.L.2019, c.120 (C.2A:14-2a et al.); and P.L.2019, c.239.

      Under current law, awards of damages for pain and suffering against a public entity or public employee are prohibited except “in cases of permanent loss of a bodily function, permanent disfigurement or dismemberment where the medical treatment expenses are in excess of $3,600.00.”  N.J.S.59:9-2, subsection d.  This bill would also permit such damages to be awarded to victims in civil actions based upon the above list of acts of sexual abuse.

      As reported by the committee, Assembly Bill No. 4684 (2R) is identical to Senate Bill No. 3564 (1R), which was also reported by the committee on this date.

FISCAL IMPACT:

      The Office of Legislative Services (OLS) finds that this bill may result in periodic cost increases to the Judiciary due to an uptick in civil liability cases.  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.  The OLS notes that although this bill establishes this provision, 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.  However, any increase in caseload will also result in an increase in revenues from court filing fees for the Judiciary.

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 $3,600 threshold for physical injuries or medical treatment mandated under current law.  Since this bill will remove the immunity for civil liability granted to public entities and public employees, the State and local government entities may also be liable from time to time to pay additional civil penalties under the bill.  This would result in an increase in expenditures to the State and local public entities.