S477 —

2019, c.120 (S477 SCS) §§2,9,10CHAPTER -120 C.2A:14-2a  toAn 2A:14-2cAct §7concerning -certain C.59:2-1.3civil §10actions, -and Noteamending  and P.L.supplementing various parts of the statutory law.

2019, CHAPTER 120, approved May 13, 2019 Senate Committee Substitute for Senate, No.

477     An Act concerning certain civil actions, and amending and supplementing various parts of the statutory law.

  Actions for injury caused by wrongful act, appointment of guardian ad litem.

 a.a.

 [Every]Except  Except as otherwise provided by law, every action at law for an injury to the person caused by the wrongful act, neglect or default of any person within this State shall be commenced within two years next after the cause of any such action shall have accrued;

(cf:  C.2A:14-2a  Statute of limitations for action at law resulting from certain sexual crimes against a minor.

P.L.2004, c.17, s.3)        2.   2. (New section)  a.

 (1)a.  Every action at law for an injury resulting from the commission of sexual assault, any other crime of a sexual nature, a prohibited sexual act as defined in section 2 of P.L.1992, c.7 (C.2A:30B-2), or sexual abuse as defined in section 1 of P.L.1992, c.109 (C.2A:61B-1) against a minor under the age of 18 that occurred prior to, on or after the effective date of P.L.    , c.   (C.        ) (pending before the Legislature as this bill) shall be commenced within 37 years after the minor reaches the age of majority, or within seven years from the date of reasonable discovery of the injury and its causal relationship to the act, whichever date is later.

    (1) (2)Every Toaction at law for an injury resulting from the extentcommission applicable,of sexual assault, any actionother forcrime anof injurya sexual nature, a prohibited sexual act as defined in section 2 of P.L.1992, c.7 (C.2A:30B-2), or sexual abuse as defined in section 1 of P.L.1992, c.109 (C.2A:61B-1) against a minor under the age of 18 that occurred prior toto, on or after the effective date of P.L.  P.L.2019, ,c.120 c.  (C.2A:14-2a (C.       et )al.) (pendingshall beforebe commenced within 37 years after the Legislatureminor asreaches thisthe bill)age shallof bemajority, subjector towithin seven years from the provisionsdate of subsectionreasonable c.discovery of the injury and its causal relationship to the act, whichever date is later.

of     section(2) 1To ofthe P.L.1959,extent c.90applicable, (C.2A:53A-7)any andaction P.L.2005,for c.264an (C.2A:53A-7.4injury etthat seq.),occurred asprior amendedto bythe P.L.  effective ,date c.   (C.        )of (pendingP.L.2019, beforec.120 (C.2A:14-2a et al.) shall be subject to the Legislatureprovisions asof thissubsection bill).c.

of section 1 of P.L.1959, c.90 (C.2A:53A-7) and P.L.2005, c.264 (C.2A:53A-7.4 et seq.), as amended by P.L.2019, c.120 (C.2A:14-2a et al.).

(1) Every action at law for an injury resulting from the commission of sexual assault or any other crime of a sexual nature against a person 18 years of age or older that occurred prior to, on or after the effective date of P.L.   P.L.2019, ,c.120 c.  (C.2A:14-2a (C.       et )al.) (pending before the Legislature as this bill) shall be commenced within seven years from the date of reasonable discovery of the injury and its causal relationship to the act.

     (2)(2)   To the extent applicable, any action for an injury that occurred prior to the effective date of P.L.  P.L.2019, ,c.120 c.  (C.2A:14-2a (C.       et )al.) (pending before the Legislature as this bill) shall be subject to the provisions of subsection c.

of section 1 of P.L.1959, c.90 (C.2A:53A-7), as amended by P.L.  P.L.2019, ,c.120 c.  (C.2A:14-2a (C.       et )al.). (pending before the Legislature as this bill).

     c.    c. (1)  Every action at law for an injury that is commenced pursuant to this section shall proceed on an individual basis, and not proceed on behalf of a class in a class action, due to the particular circumstances, source of injury and its discovery, and damages relating to each occurrence or occurrences of sexual assault, any other crime of a sexual nature, a prohibited sexual act as defined in section 2 of P.L.1992, c.7 (C.2A:30B-2), or sexual abuse as defined in section 1 of P.L.1992, c.109 (C.2A:61B-1) against either a minor under the age of 18 or a person 18 years of age or older.       (2) Any private, contractual arrangement intending to settle claims for occurrences described in paragraph (1) of this subsection on a class basis is against public policy and shall be void and unenforceable.

 (1)  Every     action 3.   at Sectionlaw 6for an injury that is commenced pursuant to this section shall proceed on an individual basis, and not proceed on behalf of P.L.1992,a c.7class (C.2A:30B-6)in isa amendedclass action, due to readthe particular circumstances, source of injury and its discovery, and damages relating to each occurrence or occurrences of sexual assault, any other crime of a sexual nature, a prohibited sexual act as follows:defined in section 2 of P.L.1992, c.7 (C.2A:30B-2), or sexual abuse as defined in section 1 of P.L.1992, c.109 (C.2A:61B-1) against either a minor under the age of 18 or a person 18 years of age or older.

     6.   (2)   [Every]Any Inprivate, anycontractual actionarrangement [broughtintending pursuant to thissettle act]claims for injuryoccurrences baseddescribed onin P.L.1992,paragraph c.7(1) (C.2A:30B-1 et seq.), the cause of actionthis shallsubsection [beon commenceda withinclass twobasis yearsis afteragainst thepublic childpolicy reaches the age of majority] accrue at the time of reasonable discovery of the injury and its causal relationship to the act.  The action shall be subjectvoid toand theunenforceable. statute of limitations set forth in section 2 of P.L.    , c.   (C.        ) (pending before the Legislature as this bill).  (cf:

P.L.1992, c.7, s.6)        4.   3.    Section 16 of P.L.1992, c.109c.7 (C.2A:61B-1)(C.2A:30B-6) is amended to read as follows:

  C.2A:30B-6  Commencement of action.

     6.    In any action for injury based on P.L.1992, c.7 (C.2A:30B-1 et seq.), the cause of action shall accrue at the time of reasonable discovery of the injury and its causal relationship to the act.  The action shall be subject to the statute of limitations set forth in section 2 of P.L.2019, c.120 (C.2A:14-2a).         4.    Section 1 of P.L.1992, c.109 (C.2A:61B-1) is amended to read as follows:

  C.2A:61B-1  Definitions;

accrual of actions;

proceedings.

 a. a. As used in this act:

    As (1)  used "Sexual abuse" means an act of sexual contact or sexual penetration between a child under the age of 18 years and an adult.  A parent, resource family parent, guardian or other person standing in locothis parentisact: [within the household] who knowingly permits or acquiesces in sexual abuse by any other person also commits sexual abuse, except that it is an affirmative defense if the parent, resource family parent, guardian or other person standing in loco parentis was subjected to, or placed in, reasonable fear of physical or sexual abuse by the other person so as to undermine the person's ability to protect the child.

     (1)   "Sexual abuse" means an act of sexual contact or sexual penetration between a child under the age of 18 years and an adult.  A parent, resource family parent, guardian or other person standing in loco parentis who knowingly permits or acquiesces in sexual abuse by any other person also commits sexual abuse, except that it is an affirmative defense if the parent, resource family parent, guardian or other person standing in loco parentis was subjected to, or placed in, reasonable fear of physical or sexual abuse by the other person so as to undermine the person's ability to protect the child.

     b.    In any civil action for injury or illness based on sexual abuse, the cause of action shall accrue at the time of reasonable discovery of the injury and its causal relationship to the act of sexual abuse.  Any such action shall be [brought within two years after reasonable discovery] subject to the statute of limitations set forth in section 2 of P.L.   P.L.2019, ,c.120 c.  (C.2A:14-2a). (C.        ) (pending before the Legislature as this bill).

     c.     [Nothing in this act is intended to preclude the court from finding that the statute of limitations was tolled in a case because of the plaintiff's mental state, duress by the defendant, or any other equitable grounds.  Such a finding shall be made after a plenary hearing.  At the plenary hearing the court shall hear all credible evidence and the Rules of Evidence shall not apply, except for Rule 403 or a valid claim of privilege.  The court may order an independent psychiatric evaluation of the plaintiff in order to assist in the determination as to whether the statute of limitations was tolled.] (Deleted by amendment, P.L.   P.L.2019, ,c.120) c.   ) (pending before the Legislature as this bill)      d.   d. (1)  Evidence of the victim's previous sexual conduct shall not be admitted nor reference made to it in the presence of a jury except as provided in this subsection.  When the defendant seeks to admit such evidence for any purpose, the defendant must apply for an order of the court before the trial or preliminary hearing, except that the court may allow the motion to be made during trial if the court determines that the evidence is newly discovered and could not have been obtained earlier through the exercise of due diligence.

(1) Evidence of the victim's previous sexual conduct shall not be admitted nor reference made to it in the presence of a jury except as provided in this subsection.  When the defendant seeks to admit such evidence for any purpose, the defendant must apply for an order of the court before the trial or preliminary hearing, except that the court may allow the motion to be made during trial if the court determines that the evidence is newly discovered and could not have been obtained earlier through the exercise of due diligence.

     e.    e. (1)  The court may, on motion and after conducting a hearing in camera, order the taking of the testimony of a victim on closed circuit television at the trial, out of the view of the jury, defendant, or spectators upon making findings as provided in paragraph (2) of this subsection.

(1) The court may, on motion and after conducting a hearing in camera, order the taking of the testimony of a victim on closed circuit television at the trial, out of the view of the jury, defendant, or spectators upon making findings as provided in paragraph (2) of this subsection.

     f.    f. (1) The name, address, and identity of a victim or a defendant shall not appear on the complaint or any other public record as defined in P.L.1963, c.73 (C.47:1A-1 et seq.).  In their place initials or a fictitious name shall appear.

(1) The name, address, and identity of a victim or a defendant shall not appear on the complaint or any other public record as defined in P.L.1963, c.73 (C.47:1A-1 et seq.).  In their place initials or a fictitious name shall appear.

     h.    A plaintiff who prevails in a civil action pursuant to this act shall be awarded damages in the amount of $10,000, plus reasonable attorney's fees, or actual damages, whichever is greater.  Actual damages shall consist of compensatory and punitive damages and costs of suit, including reasonable attorney's fees.fees.  Compensatory damages may include, but are not limited to, damages for pain and suffering, medical expenses, emotional trauma, diminished childhood, diminished enjoyment of life, costs of counseling, and lost wages.

 Compensatory  damages     may5.    include,Section but1 areof notP.L.1959, limitedc.90 to,(C.2A:53A-7) damagesis foramended painto andread suffering,as medicalfollows: expenses, emotional trauma, diminished childhood, diminished enjoyment of life, costs of counseling, and lost wages.

(cf:  C.2A:53A-7  Immunity from liability for negligence.

P.L.2004, c.130, s.10)        5.   1. Section 1 of P.L.1959, c.90 (C.2A:53A-7) is amended to read as follows:

    a. 1.    a.  No nonprofit corporation, society or association organized exclusively for religious, charitable or educational purposes or its trustees, directors, officers, employees, agents, servants or volunteers shall, except as is hereinafter set forth, be liable to respond in damages to any person who shall suffer damage from the negligence of any agent or servant of such corporation, society or association, where such person is a beneficiary, to whatever degree, of the works of such nonprofit corporation, society or association;

provided,No however, that such immunity from liability shall not extend to any person who shall suffer damage from the negligence of such corporation, society, or association or of its agents or servants where such person is one unconcerned in and unrelated to and outside of the benefactions of such corporation, society or association.       Nothing in this subsection shall be deemed to grant immunity to any health care provider, in the practice of his profession, who is a compensated employee, agent or servant of any nonprofit corporation, society or association organized exclusively for religious, charitable or educational purposes.       b.    No nonprofit corporation, society or association organized exclusively for hospital purposes or its trustees, directors, officersofficers, employees, agents, servants or volunteers shall, except as is hereinafter set forth, be liable to respond in damages to any person who shall suffer damage from the negligence of any agent or servant of such corporation, society or association, where such person is a beneficiary, to whatever degree, of the works of such nonprofit corporation, society or association;