New Jersey Assembly Bill A3190

New Jersey 2022-2023 Regular Session

• Introduced: 3/7/22
• Refer: 3/7/22

Caption

Creates a civil cause of action for stalking.

Impact

The enactment of A3190 would substantially affect the landscape of victims' rights within New Jersey. By providing a civil pathway for stalking victims to seek justice, it recognizes the traumatic nature of stalking and the long-lasting effects it can have on individuals. Furthermore, the ability to pursue civil litigation may encourage more victims to come forward, knowing they have options to hold offenders accountable and secure financial relief for damages suffered as a result of stalking behavior.

Summary

Assembly Bill A3190 introduces a civil cause of action specifically for victims of stalking in New Jersey. The bill allows individuals who have been subjected to prohibited stalking conduct, as outlined in existing laws (P.L.1992, c.209), to seek damages through civil litigation. This development is significant as it extends the legal recourse available to victims beyond the criminal justice system, enabling them to file lawsuits regardless of any criminal charges or convictions against the alleged perpetrator. Under this bill, successful plaintiffs may recover compensatory and potentially punitive damages, in addition to reasonable attorney fees and costs incurred during the legal proceedings.

Contention

While the bill garners support for enhancing victim protections, there may be points of contention regarding the implications of civil litigation for stalking cases. Critics could argue that allowing civil suits regardless of criminal convictions might burden the judicial system with excessive cases and could lead to frivolous lawsuits. Proponents counter that the bill is a necessary measure to empower and protect victims, ultimately contributing to a safer environment for individuals who feel threatened or unsafe due to stalking.