Sponsored by:
Assemblyman DANIEL R. BENSON
District 14 (Mercer and Middlesex)
Assemblyman ANTHONY S. VERRELLI
District 15 (Hunterdon and Mercer)
Assemblyman RAJ MUKHERJI
District 33 (Hudson)
Co-Sponsored by:
Assemblyman Stanley
SYNOPSIS
Establishes civil action for abuse, neglect, exploitation or bullying of minor or adult with disability; provides that bullying of vulnerable adult may constitute grounds for investigation by adult protective services and report to law enforcement.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning the bullying of disabled persons, amending P.L.1993, c.249 and N.J.S.2A:14-2 and supplementing Title 2A of the New Jersey Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. N.J.S.2A:14-2 is amended to read as follows:
2A:14-2. a. Except as otherwise provided by law, every action at law for an injury to the person caused by the wrongful act, neglect or default of any person within this State shall be commenced within two years next after the cause of any such action shall have accrued; except that an action by or on behalf of a minor that has accrued for medical malpractice for injuries sustained at birth shall be commenced prior to the minor's 13th birthday.
b. In the event that an action by or on behalf of a minor that has accrued for medical malpractice for injuries sustained at birth is not commenced by the minor's parent or guardian prior to the minor's 12th birthday, the minor or a person 18 years of age or older designated by the minor to act on the minor's behalf may commence such an action. For this purpose, the minor or designated person may petition the court for the appointment of a guardian ad litem to act on the minor's behalf.
c. (1) Every action at law for an injury to a minor with a disability under the age of 18 where such injury resulted from abuse, neglect, exploitation, or bullying as defined in section 2 of P.L.1993, c.249 (C.52:27D-407) and the injury occurred prior to, on, or after the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill) shall be commenced within 37 years after the minor reaches the age of majority, or within seven years from the date of reasonable discovery of the injury and its causal relationship to the act, whichever is later.
(2) Every action at law for an injury to an adult with a disability aged 18 or older where such injury resulted from abuse, neglect, exploitation, or bullying as defined in section 2 of P.L.1993, c.249 (C.52:27D-407) that occurred prior to, on, or after the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill) shall be commenced within seven years from the date of reasonable discovery of the injury and its causal relationship to the act.
(cf: P.L.2019, c.120, s.1)
2. (New section) a. As
used in P.L. , c. (C. ) (pending before the Legislature as this
bill), disability has the meaning set forth in subsection q. of section 5 of
P.L.1945, c.169 (C.10:5-5).
b. A minor under the age of 18 with a disability shall have a cause of action for injury resulting from abuse, neglect, exploitation, or bullying as defined in section 2 of P.L.1993, c.249 (C.52:27D-407). The action shall be commenced within the time period set forth in paragraph (1) of subsection c. of N.J.S.2A:14-2.
c. An adult aged 18 or older with a disability shall have a cause of action for injury resulting from abuse, neglect, exploitation, or bullying as defined in section 2 of P.L.1993, c.249 (C.52:27D-407). The action shall be commenced within the time period set forth in paragraph (2) of subsection c. of N.J.S.2A:14-2.
3. Section 2 of P.L.1993, c.249 (C.52:27D-407) is amended to read as follows:
2. As used in this act:
"Abuse" means the willful infliction of physical pain, injury or mental anguish, unreasonable confinement, or the willful deprivation of services which are necessary to maintain a person's physical and mental health.
Bullying means any gesture, any written, verbal, or physical act, or any electronic communication that causes a reasonable person to fear for his safety or fear damage to his property.
"Caretaker" means a person who has assumed the responsibility for the care of a vulnerable adult as a result of family relationship or who has assumed responsibility for the care of a vulnerable adult voluntarily, by contract, or by order of a court of competent jurisdiction, whether or not they reside together.
"Commissioner" means the Commissioner of Human Services.
"Community setting" means a private residence or any noninstitutional setting in which a person may reside alone or with others, but shall not include residential health care facilities, rooming houses or boarding homes or any other facility or living arrangement subject to licensure by, operated by, or under contract with, a State department or agency.
"County adult protective services provider" means a county Board of Social Services or other public or nonprofit agency with experience as a New Jersey provider of protective services for adults, designated by the county and approved by the commissioner. The county adult protective services provider receives reports made pursuant to this act, maintains pertinent records and provides, arranges, or recommends protective services.
"County director" means the director of a county adult protective services provider.
"Department" means the Department of Human Services.
"Emergency medical technician" means a person trained in basic life support services as defined in section 1 of P.L.1985, c.351 (C.26:2K-21) and who is certified by the Department of Health to provide that level of care.
"Exploitation" means the act or process of illegally or improperly using a person or his resources for another person's profit or advantage.
"Firefighter" means a paid or volunteer firefighter.
"Health care professional" means a health care professional who is licensed or otherwise authorized, pursuant to Title 45 or Title 52 of the Revised Statutes, to practice a health care profession that is regulated by one of the following boards or by the Director of the Division of Consumer Affairs: the State Board of Medical Examiners, the New Jersey Board of Nursing, the New Jersey State Board of Dentistry, the New Jersey State Board of Optometrists, the New Jersey State Board of Pharmacy, the State Board of Chiropractic Examiners, the Acupuncture Examining Board, the State Board of Physical Therapy Examiners, the State Board of Respiratory Care, the Orthotics and Prosthetics Board of Examiners, the State Board of Psychological Examiners, the State Board of Social Work Examiners, the State Board of Examiners of Ophthalmic Dispensers and Ophthalmic Technicians, the Audiology and Speech-Language Pathology Advisory Committee, the State Board of Marriage and Family Therapy Examiners, the Occupational Therapy Advisory Council, the Certified Psychoanalysts Advisory Committee, and the State Board of Polysomnography. "Health care professional" also means a nurse aide or personal care assistant who is certified by the Department of Health.
"Neglect" means a