This bill amends existing New Jersey law regarding the liability of public entities and employees in cases of sexual assault and related crimes. Specifically, it removes the immunity from civil liability that public entities and employees typically enjoy under the New Jersey Tort Claims Act when such acts are committed against individuals, particularly minors, due to willful, wanton, or grossly negligent actions. The bill also establishes that actions for damages related to these offenses can be brought within a two-year period, regardless of the usual statute of limitations, and that recovery limits for damages do not apply in these cases.
Additionally, the bill modifies the provisions regarding damages against public entities and employees, particularly concerning pain and suffering. While generally, no damages for pain and suffering can be awarded, exceptions are made for cases involving permanent bodily loss or disfigurement with significant medical expenses, as well as for actions filed under the newly amended section regarding sexual offenses. The bill aims to enhance accountability for public entities and employees in cases of sexual misconduct, ensuring that victims have a legal avenue for recourse.
Statutes affected: Advance Law: 59:2-1.3
Pamphlet Law: 59:2-1.3