Bill > S2493

Introduced Session

This bill expands the categories of individuals who may bring a claim under the wrongful imprisonment statute, P.L.1997, c.227 (C.52:4C-1 et. seq.). The bill also provides a two-year window during which persons who were ineligible to bring a civil action for wrongful imprisonment may bring an action for damages. Currently, any person who has been convicted and subsequently imprisoned for a crime which he did not commit and for which he did not plead guilty may bring a civil action for damages against the Department of Treasury. This bill would allow a person who was wrongfully convicted of a crime and subsequently wrongfully civilly committed as a "sexually violent predator" in accordance with the provisions of P.L.1998, c.71 (C.30:4-27.24 et al.) to also bring an action for wrongful imprisonment. In addition, any person who entered a guilty plea and was subsequently imprisoned could also bring an action. Statute of Limitations The bill also clarifies the time frame within which an action may be brought. The bill provides that a person may bring a civil action within two years after his conviction is vacated or dismissed, or his release from prison, State supervision including parole, probation, civil commitment, sexual offender registration, or after he has been pardoned, whichever is later. In addition, it provides that any person who has had his conviction vacated, dismissed, or is released from imprisonment, State supervision including parole, probation, civil commitment as a "sexually violent predator" in accordance with the provisions of P.L.1998, c.71 (C.30:4-27.24 et al.), sex offender registration or pardoned on or after December 27, 2013 would have two years from the effective date of this bill to file a suit. Damages In 2013 the Legislature increased the statutory damages amounts awarded in wrongful imprisonment civil actions pursuant to P.L.2013, c.171. Currently, damages cannot exceed twice the amount of the claimant's income in the year prior to the claimant's incarceration or $50,000 for each year of incarceration, whichever is greater. (The 2013 amendment increased the amount from $20,000 to $50,000). The bill does not change this measurement between the greater of income in the year prior to the claimant's incarceration or the total per year amount for each year of incarceration. Instead it adds time spent in civil commitment as a "sexually violent predator." The bill also expands the provisions of the statute to allow for an additional recovery of $25,000 for each year served on State supervision, including parole, probation or as a registered sex offender. Therefore, under the bill damages include (1) twice the amount of the claimant's income in the year prior to his incarceration or civil commitment as a "sexually violent predator"; or (2) $50,000 for each year of incarceration or civil commitment, whichever is greater, and (3) $25,000 for each year served on parole, on probation, or as a registered sex offender after a period of incarceration. In the event that damages exceed $1 million the court could order that the award be paid in an annuity with a payout over a maximum period of 20 years. Applicability Provision Since the amount of recovery was increased in 2013 by section 6 of P.L.2013, c.171 and applied to a claimant released from imprisonment or granted a pardon on or after the effective date of the 2013 enactment, the bill provides a tiered applicability provision to clarify the damages provision. The provisions of P.L.1997, c.227 (C.52:4C-1 et al.) and P.L.2013, c.171 would apply to any claimant released from imprisonment, or granted a pardon on or after the effective date of P.L.2013, c.171 which is December 27, 2013. The provisions of this bill would apply to any claimant whose conviction was vacated or dismissed, or who was released from imprisonment, parole, probation, civil commitment as a "sexually violent predator" or removed from the sex offender registry, or granted a pardon on or after December 27, 2013, the effective date of P.L.2013, c.171, and who has not previously been awarded damages. Such a claimant would have two years from the effective date of this bill to bring an action for damages. And finally, a person who was previously ineligible to bring a civil action for damages under section 3 of P.L.1997, c.227 (C.52:4C-3) or section 6 of P.L.2013, c.171 on grounds that the person pled guilty to the crime for which he was convicted would have two years from the effective date of the bill to bring a civil action for damages.Public Defender- Lien on Property of Defendant The bill would also amend section 17 of P.L.1967, c.43 (C.2A:158A-17) to add the cross reference to section 6 of P.L.2013, c.171 (C.52:4C-7). This section was amended by the 2013 enactment to clarify that the public defender would discharge any lien for services rendered concerning a crime where the defendant is awarded damages pursuant to the wrong imprisonment statute.

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Gordon Johnson (D)*,  Declan O'Scanlon (R)*,  Vin Gopal (D), 

Introduced in the Senate, Referred to Senate Judiciary Committee (on 01/13/2026)

Official Document