New Jersey Assembly Bill A454

New Jersey 2022-2023 Regular Session

• Introduced: 1/11/22
• Refer: 1/11/22

Caption

Establishes municipal liability for gross negligence in failing to protect person and property during riots.

Impact

If enacted, A454 would significantly change the legal landscape for municipal liability in New Jersey. Previously, public entities and employees had immunity regarding failures in policing, which often left victims of riots without recourse. By allowing for municipal liability in cases of gross negligence, the bill would encourage local governments to be proactive in their response to threats and civil disorder, particularly when warnings or credible evidence is present. This change could lead to a shift in how municipalities allocate resources for public safety and riot control.

Summary

Assembly Bill A454 seeks to amend the existing law concerning municipal liability, specifically by establishing conditions under which municipalities can be held liable for gross negligence. The bill targets situations where a municipality fails to protect persons and property during riots. The primary aim of the bill is to create accountability among municipal governments and police departments, particularly in the context of civil unrest and riots where there is specific, credible evidence of potential violence.

Contention

There are notable points of contention regarding A454, particularly around the definition of 'gross negligence' and the thresholds for municipal accountability. Opponents may argue that the bill could lead to excessive litigation against municipalities, resulting in increased financial burdens on local governments. Supporters, however, believe that the bill is a necessary step toward ensuring that municipalities take their public safety responsibilities seriously, particularly during critical times of unrest. Understanding the balance of accountability and liability will be key as discussions unfold.