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Bill

A 2125

Expands categories of individuals who may bring a claim under wrongful imprisonment statute.

2026-2027 Regular Session Introduced by Linda Carter and 3 co-sponsors

Expands who can sue for wrongful imprisonment and adds a two-year filing window for newly eligible claimants, with updated damages and relief provisions.

Introduced, Referred to Assembly Judiciary Committee
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WeVote Research Nonpartisan
Bill Summary · A 2125

Bill A-2125 (Session 222, New Jersey) – Summary

Title

Expands categories of individuals who may bring a claim under the wrongful imprisonment statute.

Primary purpose

To broaden who can seek damages under New Jersey’s wrongful imprisonment statute (N.J.S.A. 52:4C-1 et seq.) and to create a two-year filing window for additional categories of claimants who were previously ineligible. The bill also clarifies damages rules and accrual timing related to wrongful imprisonment claims, including periods involving civil commitment as a “sex offender” or being removed from sex offender registries.

Key provisions

Expansion of who can file a wrongful imprisonment claim

  • Adds individuals who were:
    • Wrongfully convicted and subsequently imprisoned, or
    • Wrongfully convicted and subsequently civilly committed as a “sexually violent predator” under P.L.1998, c.71 (C.30:4-27.24 et al.)
    • For one or more crimes that they did not commit
    • Including those who pled guilty (previously ineligible) but later were found not to have committed the crime
  • These individuals may bring a damages suit in Superior Court against the Department of the Treasury under the wrongful imprisonment statute.

Damages and compensation framework (two-part structure)

  • Damages calculation (as modified by the bill):
    • Option 1: Twice the claimant’s income in the year prior to incarceration or civil commitment as a sexually violent predator; or
    • Option 2: $50,000 for each year of incarceration or civil commitment, whichever is greater; and
    • Option 3: $25,000 for each year served under State supervision (including parole, probation, or sex offender registration) after incarceration.
  • If total damages exceed $1 million, the court may order payment as an annuity over up to 20 years, considering the claimant’s best interests.
  • Attorneys’ fees and costs awarded in addition to monetary damages.
  • Non-monetary relief may be awarded (e.g., vocational training, tuition assistance, counseling, housing, health insurance).

Applicability and timing

  • The act’s applicability is tiered:
    • Claims by those released from imprisonment or pardoned on or after December 27, 2013 fall under the 2013 amendments; the bill clarifies which provisions apply based on timing and prior damages.
    • For those whose conviction was vacated/dismissed or who were released, pardoned, or otherwise affected on or after December 27, 2013, and who have not previously received damages, a two-year window to file is provided from the bill’s effective date.
    • The bill also creates a two-year window for individuals who were previously ineligible to file due to pleading guilty.
  • The two-year period is to run from the later of:
    • The effective date of this bill, or
    • The date the individual’s vacatur/dismissal, release, pardon, or other qualifying event occurred.

Public Defender lien provision

  • Amends Public Defender lien rules to reference the broader damages provisions (including section 6 of P.L.2013, c.171) when a defendant is awarded damages, ensuring lien discharge where applicable.

Who would be affected

  • Individuals who were wrongfully convicted and imprisoned or wrongfully convicted and civilly committed as a sexually violent predator.
  • Individuals who pled guilty but later were found not to have committed the crime.
  • Individuals released from imprisonment, pardoned, or otherwise affected by related orders on or after December 27, 2013 (with a new two-year filing window).
  • Potentially, the state through the Department of the Treasury as the defendant in such cases.

Procedural and timeline notes

  • Introduced January 13, 2026; referred to Assembly Judiciary Committee.
  • Effective date: immediate upon enactment.
  • New two-year claim window applies to eligible claimants under the bill, with timing tied to the bill’s effective date and qualifying events.

Summary

Bill A-2125 broadens eligibility for wrongful imprisonment damages, adds Guilty Plea scenarios, extends to individuals civilly committed as sexually violent predators, and creates a two-year filing window for newly eligible claimants. It retains and clarifies the damages framework (including annuity options for high awards) and reinforces ancillary relief and lien rules to align with the expanded scope.

Compiled from official sources — confirm details with the bill’s official record.

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