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Bill > S637


NJ S637

NJ S637
Creates a civil cause of action for stalking.


summary

Introduced
01/09/2018
In Committee
01/09/2018
Crossed Over
Passed
Dead
01/08/2020

Introduced Session

2018-2019 Regular Session

Bill Summary

This bill creates a civil cause of action for victims of stalking, a crime set out in P.L.1992, c.209 (C.2C:12-10). Under the bill, a "victim" is defined as "a person who, as a result of the conduct of the defendant that is prohibited under P.L.1992, c.209 (C.2C:12-10), was placed in reasonable fear for his own personal safety or for the safety of a minor child of whom the person is a parent or legal guardian." The bill provides that the victim could bring suit whether or not the individual has been charged with or convicted of the crime. The victim could be awarded damages and costs, including attorney fees, and may also be awarded punitive damages. Under the bill, no action could be commenced beyond the applicable personal injury statute of limitations. Under N.J.S.A.2A:14-2 the statute of limitations for personal injury actions is two years.

AI Summary

This bill creates a civil cause of action for victims of stalking, a crime defined under existing law (P.L.1992, c.209 (C.2C:12-10)). A "victim" is someone who was placed in reasonable fear for their own or their child's safety due to the defendant's prohibited conduct. The victim can bring a civil suit against the individual, regardless of whether the person has been charged or convicted of the crime. If the victim prevails, they can be awarded damages, including attorney fees and punitive damages. The applicable statute of limitations for personal injury actions (two years) applies to this civil cause of action.

Committee Categories

Justice

Sponsors (2)

Last Action

Introduced in the Senate, Referred to Senate Judiciary Committee (on 01/09/2018)

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