Allocates fines imposed on real estate appraisers to the anti-discrimination in housing fund

2025 Regular Session Introduced by Cordell Cleare and 1 co-sponsor

Allows pain-and-suffering damages against public entities/employees for designated sexual offenses, removing the $3,600 medical-expense threshold.

REFERRED TO FINANCE

Summary — S 3564 (1R)

Title: Removes certain limitations on recovery for victims of certain sexual offenses (amends N.J.S.59:9-2)
Introduced: September 12, 2024
Status: Referred to Finance; reported by Senate Judiciary (10/24/24) and Senate Budget & Appropriations (2/3/25)
Sponsors: Sen. Joseph F. Vitale; Sen. Shirley K. Turner. Cosponsors listed include Lea Webb and Cordell Cleare. Companion: A4684 (2R). Effective date: immediately upon enactment.

Purpose / Intent

S 3564 permits victims of designated sexual offenses to recover damages for pain and suffering from public entities and public employees in circumstances where current law generally bars such awards. The change aligns civil damages available against governmental actors for sexual misconduct with prior statutory removals of immunity for certain sexual-abuse claims.

Key provisions

Amends N.J.S.59:9-2(d) to remove the general bar on pain-and-suffering awards against public entities/public employees for claims arising from:

sexual assault;
a prohibited sexual act (see N.J.S.A.2A:30B-2);
sexual abuse (see N.J.S.A.2A:61B-1);
any other crime of a sexual nature.

Clarifies that the current exception that allows pain-and-suffering damages only for permanent loss of bodily function, permanent disfigurement, or dismemberment with medical treatment expenses over $3,600 does not apply to the sexual-offense claims above.

Cross-references the statutory source(s) for the listed sexual offenses and consolidates the language (committee amendments).

The bill applies to actions brought under the Tort Claims Act immunity exceptions (N.J.S.59:2-1.3), i.e., where immunity has already been removed for willful, wanton, or grossly negligent acts causing sexual offenses against a person, or negligent hiring/supervision/retention causing sexual offenses against minors.

Who is affected

Victims of covered sexual offenses: gain access to pain-and-suffering damages against public entities/public employees without meeting the existing $3,600 medical-expense or specified-injury threshold.

Public entities and public employees: potentially increased exposure to civil liability and damage awards.

State and local governments / taxpayers: possible periodic increases in expenditures to satisfy judgments.

Judiciary: potential modest uptick in civil caseloads and increased filing-fee revenue.

Fiscal and procedural impact

Office of Legislative Services (OLS) fiscal estimate: periodic, indeterminate increases in State and local expenditures (liability/judgments) and an indeterminate periodic State revenue increase (court filing fees). OLS expects any caseload increase to be likely minimal because similar actions have been filed previously under the Tort Claims Act.

Legislative status highlights:

Introduced 9/12/2024; referred to Senate Judiciary.
Reported with committee amendments by Judiciary Committee (10/24/2024).
Reported by Senate Budget & Appropriations Committee (2/3/2025).
Substituted by A4684 (2R) on 2/25/2025.