LEGISLATIVE FISCAL ESTIMATE
[Third Reprint]
SENATE COMMITTEE SUBSTITUTE FOR
SENATE, No. 2260
STATE OF NEW JERSEY
222nd LEGISLATURE
DATED: JULY 1, 2026
SUMMARY
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Synopsis: |
Secures protections for patients and providers accessing and providing reproductive health care services; establishes right of residents to reproductive health care activity that is restricted in other states. |
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Type of Impact: |
Annual State expenditure and revenue increases. Annual local expenditure increase. |
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Agencies Affected: |
Department of Law and Public Safety; County Prosecutors; the Judiciary; Office of the Public Defender; Department of Corrections; State Parole Board. |
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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) concludes that this bill will result in an indeterminate annual increase in State and local expenditures and State revenues. The OLS lacks sufficient information to quantify the fiscal impact, as it is not possible to estimate the number of crimes likely to be prosecuted under the provisions of this bill.
· The bill establishes a new crime of “interference with reproductive health care services.” If the number of prosecutions were to increase under the new crime, the following agencies would experience a caseload increase: i) the Department of Law and Public Safety would provide guidance and other information related to the prosecution of the cases; ii) county prosecutors would have to prosecute additional cases; iii) the Judiciary would have to adjudicate additional complaints and monitor additional probationers; iv) the Office of the Public Defender would have to represent additional low-income criminal defendants; v) the Department of Corrections would have to house and care for additional offenders; and vi) the State Parole Board would have to supervise the return to society of additional offenders.
· The OLS notes that the State may receive indeterminate revenues from the fines imposed on individuals convicted of the new crime; however, the State’s ability to collect fines has historically been limited.
· The OLS finds that, as a result of new civil actions related to interference with reproductive health care services that may be initiated by an individual harmed under the bill, or the Attorney General or a county or municipal prosecutor, the Judiciary may also incur an indeterminate increase in annual operating expenditures, as additional resources will likely have to be allocated to any increase in civil caseload. The OLS, however, anticipates collections from court fees, and potentially civil penalties, to grow in tandem with the caseload.
BILL DESCRIPTION
This bill establishes certain protections for individuals engaging in reproductive health care activity, as well as certain protections for professionals who provide reproductive health care service.
The bill creates the new crime of “interference with reproductive health care services.”
Interference with reproductive health care services is a crime of the fourth degree, except that it is a crime of the third degree if the victim suffers bodily injury, and a crime of the second degree if the victim suffers significant bodily injury or serious bodily injury.
A crime of the fourth degree is punishable by up to 18 months imprisonment, a fine of up to $10,000, or both. A crime of the third degree is punishable by three to five years imprisonment, a fine of up to $15,000, or both. A crime of the second degree is punishable by five to ten years imprisonment, a fine of up to $150,000, or both.
The bill also authorizes a civil action against a person who unlawfully interferes with another person’s reproductive health care services. A court may award injunctive relief; compensatory damages; punitive damages; reasonable attorney’s fees and other litigation costs; and any other preliminary and equitable relief the court determines to be appropriate.
The Attorney General may bring a civil action to enjoin a violation of the law, for compensatory damages, and for the assessment of a civil penalty against each person who violates the law. The civil penalty imposed on each actor will be up to, but will not exceed, $10,000 for a first violation, and $25,000 for any subsequent violation.
FISCAL ANALYSIS
EXECUTIVE BRANCH
None received.
OFFICE OF LEGISLATIVE SERVICES
The OLS concludes that this bill will result in an indeterminate annual increase in State and local expenditures and State revenues. The OLS lacks sufficient information to quantify the fiscal impact, as it is not possible to estimate the number of crimes likely to be prosecuted or the number of civil actions likely to be initiated under the provisions of this bill.
This bill establishes a new crime of “interference with reproductive health care services.” If the number of prosecutions were to increase under the new crime, the following agencies would experience a caseload increase: i) the Department of Law and Public Safety would provide guidance and other information related to the prosecution of the cases; ii) county prosecutors would have to prosecute additional cases; iii) the Judiciary would have to adjudicate additional complaints and monitor additional probationers; iv) the Office of the Public Defender would have to represent additional low-income criminal defendants; v) the Department of Corrections would have to house and care for additional offenders; and vi) the State Parole Board would have to supervise the return to society of additional offenders.
Interference with reproductive health care services is a crime of the fourth degree, except that it is a crime of the third degree if the victim suffers bodily injury, and a crime of the second degree if the victim suffers significant bodily injury or serious bodily injury. The OLS notes that, to the extent the bill results in additional incarcerations, the Department of Corrections would incur those costs. Based on information provided by the department, the average annual cost of incarceration is projected to be $78,848 per incarcerated person in FY2026 and the marginal cost of housing one additional incarcerated person, accounting for food, clothing, and wages is projected to be $4,385.
According to the State Parole Board, the annual average marginal cost to supervising one additional parolee is estimated at $4,002 for FY2026. The average cost per parolee, with all overhead costs included, is estimated at $6,884 for FY2026.
The OLS notes that the State may receive indeterminate revenues from the fines imposed on individuals convicted of the new crime; however, the State’s ability to collect fines has historically been limited.
Finally, the OLS finds that, as a result of new civil actions related to interference with reproductive health care services that may be initiated by an individual or, the Attorney General or a county or municipal prosecutor under the bill, the Judiciary may also incur an indeterminate increase in annual operating expenditures, as additional resources will likely have to be allocated to any increase in civil caseload. The OLS anticipates collections from court fees to grow in tandem with the caseload. The State may receive additional revenues from civil penalties. Pursuant to the bill, the Attorney General may bring a civil action to enjoin a violation of the law, for compensatory damages, and for the assessment of a civil penalty against each person who violates the law. The civil penalty imposed on each actor will be up to, but will not exceed, $10,000 for a first violation, and $25,000 for any subsequent violation.
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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.).