New Jersey Assembly Bill A2947

New Jersey 2024-2025 Regular Session

• Introduced: 1/9/24
• Refer: 1/9/24

Caption

Creates a civil cause of action for stalking.

Impact

The proposed legislation modifies the legal landscape by allowing victims to bring suits against alleged stalkers, which could lead to greater accountability and transparency in dealing with stalking incidents. Victims who prevail can claim reasonable attorney fees, costs, and potentially punitive damages, hence providing a strong financial incentive for legal action. This could help reinforce the seriousness with which stalking is viewed in the state of New Jersey.

Summary

Bill A2947, introduced in the New Jersey legislature, aims to create a civil cause of action specifically for victims of stalking. This bill defines a 'victim' as anyone who has been placed in reasonable fear for their personal safety or that of their minor child due to the actions of a perpetrator defined under existing stalking laws. Importantly, a victim would have the ability to pursue damages irrespective of whether the alleged perpetrator has been charged or convicted of the crime, thus expanding legal avenues for victims seeking recourse.

Contention

One notable point of contention surrounding A2947 is the balance it seeks to strike between the rights of victims and the legal process afforded to alleged perpetrators. By permitting civil actions regardless of criminal convictions, the bill raises questions about the potential for frivolous lawsuits and the threshold of evidence required for civil claims. Critics may argue that allowing civil suits without a parallel criminal conviction could lead to unjust outcomes against individuals who are acquitted or never charged.