Summary — Assembly Bill A4966 (reprint ACW 5/5/25 1R)
Status / Timeline
- Introduced: October 21, 2024 (Assembly). Primary sponsor: Assemblyman David DiPietro.
- Committee referrals: Assembly Community Development & Women’s Affairs; later referred to Health (Feb. 10, 2025).
- Most recent action: Reported favorably with committee amendments by the Assembly Community Development & Women’s Affairs Committee and referred to the Assembly Judiciary Committee (May 5, 2025).
Note: although an early status entry lists referral to Health, the bill was reported out of the Community Development & Women’s Affairs Committee on 5/5/2025 and sent to Judiciary.
Purpose
- To (1) eliminate the criminal statute of limitations for kidnapping prosecutions, and (2) remove or extend statute-of-limitations barriers for criminal and civil actions involving human trafficking victims. The bill also clarifies tolling rules and prevents defendants from using delay-inducing conduct to assert a statute-of-limitations defense.
Key provisions and changes
1. Elimination of criminal time limits
- Amends N.J.S.2C:1-6 to allow prosecutions to be commenced at any time (no statute of limitations) for enumerated offenses, including: kidnapping (added by committee amendment), human trafficking (C.2C:13-8 and related provisions), and several other serious crimes listed in the statute.
Extended civil limitations for human trafficking victims (amends C.2C:13-8.1 / P.L.2013, c.51, s.4)
- A civil action by a human trafficking victim may be commenced by the later of:
- 10 years after the cause of action accrued; or
- 10 years after the injured person reaches age 18 if the victim was a minor at the time of the injury; or
- Two years from the date of reasonable discovery of the injury and its causal link to the offense.
- For injuries resulting from multiple acts or a continuing course of conduct, the 10-year civil period does not begin until the final act occurs or the conduct concludes.
- Tolling for disability: statute of limitations is tolled for periods in which the plaintiff is institutionalized for mental illness, has an intellectual disability, is found mentally incapacitated, or is in a medically comatose/vegetative state.
- Estoppel clause: a defendant who induced the plaintiff to delay suit through duress, threats, intimidation, manipulation, fraud, or similar conduct cannot assert that the action is time-barred.
Civil remedies and damages
- Reinforces available civil remedies in trafficking cases: damages (including punitive), recovery for lost wages/value of labor, reasonable medical/mental health costs, and attorney’s fees. The standard of proof is preponderance of the evidence.
Who is affected
- Victims of kidnapping and human trafficking: greater access to criminal prosecution and extended time to bring civil claims, particularly minors and persons subject to ongoing coercion or disability.
- Defendants (alleged traffickers, kidnappers, beneficiaries or maintainers of trafficking victims): longer exposure to criminal prosecution and civil suits; estoppel in cases involving coercive delay.
- Prosecutors, courts, defense counsel: procedural adjustments in charging, discovery and defenses related to statutes of limitation.
- Potential civil defendants beyond primary offenders: persons who knowingly derived pecuniary benefit or maintained trafficking victims may face civil liability for longer periods.
Policy/Practical implications
- Aligns New Jersey civil statute-of-limitations rules for trafficking with analogous federal provisions by extending to 10 years and adding discovery/minor protections.
- Removes temporal limitations for prosecuting certain grave offenses (including kidnapping), allowing prosecutions regardless of how much time has elapsed.
- Adds protections recognizing the impact of coercion, ongoing exploitation, and disability on a victim’s ability to timely pursue redress.