Bill
Bill > S3966
NJ S3966
NJ S3966Eliminates statute of limitations for human trafficking prosecutions and extends statute of limitations for civil cases arising from human trafficking.
summary
Introduced
12/16/2024
12/16/2024
In Committee
12/16/2024
12/16/2024
Crossed Over
Passed
Dead
Introduced Session
2024-2025 Regular Session
Bill Summary
This bill eliminates the statute of limitations for criminal prosecutions of human trafficking, and extends the statute of limitations under which a victim of human trafficking may bring a civil suit against the perpetrator. Under current law, a prosecution for human trafficking must be commenced, by way of an indictment, within five years after the offense is committed. Additionally, a civil suit brought by a victim must also be filed within five years. Under the bill, a criminal prosecution may be commenced at any time. Also, under the bill, a civil suit may be filed within 10 years of the conduct, within 10 years of a victim turning 18 years old if the victim is a minor, or within two years of a plaintiff's discovery of the injury, whichever is later. Extending the civil statute of limitations to 10 years will bring State law into accord with similar provisions under federal law. Under the bill, the civil statute of limitations will not begin to run until a continuing course of conduct relating to the human trafficking of the plaintiff is terminated. Furthermore, the statute of limitations may be tolled for any period of time during which the plaintiff is under a disability, which includes any intellectual disability, hospitalization for mental illness, or finding of mental incapacity. Finally, the bill prohibits a defendant who coerced a plaintiff to delay filing suit by means of intimidation, duress, threats, or fraud from asserting a defense that the statute of limitations has already run.
AI Summary
This bill eliminates the statute of limitations for criminal prosecutions of human trafficking and significantly expands the timeframe for civil lawsuits related to human trafficking. Under the new law, criminal prosecutions for human trafficking can be initiated at any time, removing the previous five-year limitation. For civil cases, victims can now file lawsuits up to 10 years after the cause of action accrued, 10 years after turning 18 if they were a minor at the time of the offense, or within two years of discovering the injury. The bill includes important provisions that prevent the statute of limitations from starting to run during a continuing course of conduct and allows for tolling (pausing) of the limitations period if the plaintiff is under a disability, such as having an intellectual disability or being hospitalized for mental illness. Additionally, the law prevents defendants from using statute of limitations as a defense if they have used intimidation, duress, threats, or fraud to prevent the plaintiff from filing a lawsuit. These changes aim to provide greater legal recourse for victims of human trafficking by recognizing the complex psychological and practical challenges victims face in reporting and pursuing legal action against their traffickers.
Committee Categories
Justice
Sponsors (2)
Last Action
Introduced in the Senate, Referred to Senate Judiciary Committee (on 12/16/2024)
Official Document
bill text
bill summary
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bill summary
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bill summary
| Document Type | Source Location |
|---|---|
| State Bill Page | https://www.njleg.state.nj.us/bill-search/2024/S3966 |
| BillText | https://pub.njleg.gov/Bills/2024/S4000/3966_I1.HTM |
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