Bill > S2846

Introduced Session

This bill provides for a specific civil action by a disabled minor or disabled adult for injury resulting from abuse, neglect, exploitation, or bullying. The bill's definition of "disability" is the same as the definition set forth in the Law Against Discrimination, P.L.1945, c.169 (C.10:5-1 et seq.): "physical or sensory disability, infirmity, malformation, or disfigurement which is caused by bodily injury, birth defect, or illness including epilepsy and other seizure disorders, and which shall include, but not be limited to, any degree of paralysis, amputation, lack of physical coordination, blindness or visual impairment, deafness or hearing impairment, muteness or speech impairment, or physical reliance on a service or guide dog, wheelchair, or other remedial appliance or device, or any mental, psychological, or developmental disability, including autism spectrum disorders, resulting from anatomical, psychological, physiological, or neurological conditions which prevents the typical exercise of any bodily or mental functions or is demonstrable, medically or psychologically, by accepted clinical or laboratory diagnostic techniques. Disability shall also mean AIDS or HIV infection." Under the bill, every civil action for an injury to a minor with a disability under the age of 18 where such injury resulted from abuse, neglect, exploitation, or bullying and the injury occurred prior to, on, or after the effective date of the bill would be required to 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 is later. The bill provides that every civil action for an injury to an adult with a disability aged 18 or older where such injury resulted from abuse, neglect, exploitation, or bullying that occurred prior to, on, or after the effective date of the bill would be required to be commenced within seven years from the date of reasonable discovery of the injury and its causal relationship to the act. The bill also provides that the bullying of a "vulnerable adult" may constitute grounds for an investigation by adult protective services and a report to law enforcement for possible criminal prosecution. Under the "Adult Protective Services Act," P.L.1993, c.249 (C.52:27D-406 et seq.), a health care professional, law enforcement officer, firefighter, paramedic or emergency medical technician who has reasonable cause to believe that a vulnerable adult is the subject of abuse, neglect or exploitation must report the information to the county adult protective services provider. Other persons with such reasonable cause may report the information. The act defines a "vulnerable adult" as "a person 18 years of age or older who resides in a community setting and who, because of a physical or mental illness, disability or deficiency, lacks sufficient understanding or capacity to make, communicate, or carry out decisions concerning his well-being and is the subject of abuse, neglect or exploitation." Under the Adult Protective Services Act, the county adult protective services provider must initiate an investigation within 72 hours of a report. If necessary, the provider may petition a court for an order to conduct the investigation. If the provider finds reasonable cause to believe that the vulnerable adult has been the subject of abuse, neglect or exploitation, the provider will determine the need for protective services and arrange for such services. The director of a county adult services provider may petition for a court order for services if he determines that the vulnerable adult will incur a substantial risk of physical harm or deterioration without protective services, and the adult refuses or is unable to consent. The act further provides that if the county director or his designee has reasonable cause to believe that a caretaker or other person has committed a criminal act against a vulnerable adult, the director must immediately report the information to local law enforcement officials or the county prosecutor. This bill would add bullying of a vulnerable adult as grounds for an investigation and report. The bill defines "bullying" as "any gesture, any written, verbal, or physical act, or any electronic communication that causes a reasonable person to fear for his safety or fear damage to his property." Under the bill, health care providers and first responders would be required to report bullying, in addition to abuse, neglect, or exploitation, and other persons could report such acts. In addition, the bill adds to the specific criminal acts that the county director is required to report to law enforcement or the prosecutor a violation of section 1 of P.L.2015, c.186 (C.2C:24-7.1), Endangering Another Person. Under this statute, creating a risk of injury to another person is a criminal offense ranging from a disorderly persons offense to a crime of the third degree, depending on the offender's criminal culpability and the degree of risk of injury to the victim. If the offense is committed against a person with a developmental disability, the criminal penalties are increased by one degree, so that they range from a crime of the fourth degree to a crime of the second degree. A crime of the second degree is generally punishable by a term of five to 10 years or a fine up to $150,000, or both; a crime of the third degree, by a term of three to five years or a fine up to $15,000, or both; and a crime of the fourth degree, by a term up to 18 months or a fine up to $10,000, or both. A disorderly persons offense is generally punishable by a term of imprisonment of up to six months or a fine of up to $1,000, or both.

Committee Categories

Linda Greenstein (D)*,  Patrick Diegnan (D), 

Introduced in the Senate, Referred to Senate Judiciary Committee (on 03/04/2024)

Official Document