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 are awarded, exceptions are made for cases involving permanent bodily function loss or disfigurement, as well as for actions filed under the new section regarding sexual offenses. The bill clarifies that any benefits received from insurance must be disclosed and deducted from any awards against public entities or employees, ensuring that claimants do not receive duplicative compensation.

Statutes affected:
Advance Law: 59:2-1.3
Pamphlet Law: 59:2-1.3