New Jersey 2022-2023 Regular Session

New Jersey Senate Bill S1135

Introduced
1/31/22  

Caption

Extends exemption from charitable immunity for certain civil actions to persons of any age who are beneficiaries of the nonprofit corporation.

Impact

The passage of S1135 would significantly alter the legal landscape for nonprofit organizations by broadening the scope of accountability concerning sexual offenses. This change aims to provide all individuals, regardless of age, the opportunity to seek justice and accountability if they are victims of sexual misconduct by employees or agents of nonprofits. The bill reflects a shift towards greater protection for beneficiaries of such organizations and underscores the importance of addressing the consequences of such serious offenses regardless of the victim's age.

Summary

Senate Bill 1135 amends existing legislation concerning charitable immunity for nonprofit organizations in New Jersey. Specifically, it extends the exemption from charitable immunity to allow beneficiaries of any age to claim against a nonprofit for civil actions resulting from negligent hiring, supervision, or retention of employees responsible for sexual offenses. Previously, this provision only applied to individuals under the age of 18, which meant that adults who were harmed while beneficiaries of a nonprofit had limited recourse under the law.

Contention

Notably, the bill could spark debate about the balance between protecting vulnerable individuals and the operational realities faced by nonprofit organizations. Proponents argue that accountability should not be limited by age, advocating for victims' rights to seek redress and ensuring that nonprofits are held to high standards of responsibility. However, opponents may argue that extending liability could place an undue burden on nonprofits, especially those that operate with limited funding and resources, thereby affecting their operational capabilities and potentially leading to increased insurance costs.

Companion Bills

No companion bills found.

Previously Filed As

NJ A3061

Prohibits use of volunteer driving activities in underwriting for private passenger automobile insurance; revises charitable immunity statute as applied to volunteer drivers.

NJ AB2591

Homeless services: nonprofit charitable organizations: immunity from civil liability.

NJ LD1312

An Act to Limit the Immunity of Charitable Organizations

NJ HB2787

Relating to liability of charitable organizations for certain negligent hiring, supervision, or retention actions.

NJ S2284

Establishes crimes of theft of motor vehicle and receiving stolen motor vehicle as separate statutory provisions; provides extended sentences for certain persistent offenders.

NJ A4931

Establishes crimes of theft of motor vehicle and receiving stolen motor vehicle as separate statutory provisions; provides extended sentences for certain persistent offenders.

NJ S3389

Establishes crimes of theft of motor vehicle and receiving stolen motor vehicle as separate statutory provisions; provides extended sentences for certain persistent offenders.

NJ A373

Immunizes from civil liability first responders who forcibly enter property to provide emergency assistance.

NJ A437

Immunizes from civil liability first responders who forcibly enter property to provide emergency assistance.

NJ SB0278

Nonprofit corporations.

Similar Bills

CA SB543

Department of General Services: nonprofit liaison.

WY SF0050

Unincorporated nonprofit DAO's.

CA AB1185

California State Nonprofit Security Grant Program.

NJ AJR161

Permanently designates August 17th as "Nonprofit Day" in NJ.

NJ SJR96

Permanently designates August 17th as "Nonprofit Day" in NJ.

CA AB1229

Unincorporated associations: decentralized nonprofit associations.

CA ACR191

California Nonprofits Day.

CA SB729

State of emergency: nonprofit liaison.