LEGISLATIVE FISCAL ESTIMATE
[First Reprint]
ASSEMBLY, No. 4966
STATE OF NEW JERSEY
221st LEGISLATURE
DATED: DECEMBER 18, 2025
SUMMARY
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Synopsis: |
Eliminates statute of limitations for kidnapping and human trafficking prosecutions, and extends statute of limitations for civil cases arising from human trafficking. |
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Type of Impact: |
Annual State expenditure and revenue increases; annual local expenditure increases. |
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Agencies Affected: |
Department of Corrections, State Parole Board, Department of Law and Public Safety, Judiciary, Office of the Public Defender, County Prosecutors. |
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Office of Legislative Services Estimate |
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Fiscal Impact |
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Annual |
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State Expenditure Increase |
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Indeterminate |
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State Revenue Increase |
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Indeterminate |
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Local Expenditure Increase |
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Indeterminate |
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· The Office of Legislative Services (OLS) finds that this bill would result in annual indeterminate State and local expenditure increases. The following State and local agencies would incur caseload and expenditure increases: i) the Department of Law and Public Safety would prosecute cases or provide guidance and other information to the county prosecutors; ii) county prosecutors would have to prosecute additional cases with the elimination of the statute of limitations for kidnapping and human trafficking prosecutions; iii) the Judiciary may have to adjudicate additional cases; iv) the Office of the Public Defender may have to represent additional low-income criminal defendants; and v) the Department of Corrections may have to house more individuals and the State Parole Board would have to supervise their return to society.
· The OLS does not have sufficient information on the potential increase in the number of convictions and terms of imprisonment resulting from the bill’s provisions and therefore is unable to estimate the costs to the State. The OLS finds that to the extent that the bill will result in additional incarcerations, based on information provided by the Department of Corrections, the FY 2024 average annual cost for housing, ensuring security, and providing services to an incarcerated individual was $75,254, whereas the average daily cost was $11.39.
BILL DESCRIPTION
The bill eliminates the statute of limitations for criminal prosecutions of kidnapping and human trafficking and extends the statute of limitations under which a victim of human trafficking may bring a civil suit against the perpetrator.
Under current law, a prosecution for kidnapping or human trafficking must be commenced, by way of an indictment, within five years after the offense is committed. Additionally, a civil suit brought by a victim of human trafficking must also be filed within five years.
Under the bill, a criminal prosecution for kidnapping or human trafficking may be commenced at any time. Also, under the bill, a civil suit may be filed by a victim of human trafficking within 10 years of the conduct, within 10 years of a victim turning 18 years old if the victim is a minor, or within two years of a plaintiff’s discovery of the injury, whichever is later. Extending the civil statute of limitations for human trafficking to 10 years will bring State law into accord with similar provisions under federal law.
Under the bill, the civil statute of limitations for human trafficking will not begin to run until a continuing course of conduct relating to the human trafficking of the plaintiff is terminated. Furthermore, the statute of limitations may be paused for any period of time during which the plaintiff is under a disability, which includes any intellectual disability, hospitalization for mental illness, or finding of mental incapacity.
Finally, the bill prohibits a defendant who coerced a plaintiff who is a victim of human trafficking to delay filing suit by means of intimidation, duress, threats, or fraud from asserting a defense that the statute of limitations has already run.
FISCAL ANALYSIS
EXECUTIVE BRANCH
None received.
OFFICE OF LEGISLATIVE SERVICES
The OLS finds that this bill would result in annual indeterminate State and local expenditure increases. The following State and local agencies would incur caseload and expenditure increases: i) the Department of Law and Public Safety would prosecute cases or provide guidance and other information to the county prosecutors; ii) county prosecutors would have to prosecute additional cases with the elimination of the statute of limitations for kidnapping and human trafficking prosecutions; iii) the Judiciary may have to adjudicate additional cases; iv) the Office of the Public Defender may have to represent additional low-income criminal defendants; and v) the Department of Corrections may have to house more individuals and the State Parole Board would have to supervise their return to society.
The OLS does not have sufficient information on the potential increase in the number of convictions and terms of imprisonment resulting from the bill’s provisions and therefore is unable to estimate the costs to the State. The OLS finds that to the extent that the bill will result in additional incarcerations, based on information provided by the Department of Corrections, the FY 2024 average annual cost for housing, ensuring security, and providing services to an incarcerated individual was $75,254, whereas the average daily cost was $11.39.
The OLS notes that the Judiciary will incur an indeterminate increase in annual operating expenditures, as additional resources will likely have to be allocated to a potentially increased civil caseload from the extension of the civil statute of limitations for lawsuits related to human trafficking. The OLS also anticipates collections from court filing fees to grow in tandem with the caseload.
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Section: |
Judiciary |
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Analyst: |
Senior Fiscal Analyst |
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Approved: |
Thomas Koenig Legislative Budget and Finance Officer |
This legislative fiscal estimate has been produced by the Office of Legislative Services due to the failure of the Executive Branch to respond to our request for a fiscal note.
This fiscal estimate has been prepared pursuant to P.L.1980, c.67 (C.52:13B-6 et seq.).