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A2064
ASSEMBLY, No. 2064
STATE OF NEW JERSEY
222nd LEGISLATURE
�
PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION
Sponsored by:
Assemblywoman LINDA S. CARTER
District 22 (Somerset and Union)
SYNOPSIS
���� Eliminates statute of limitations for civil actions
arising from sexual assault and other crimes and offenses of a sexual nature
committed against a person 18 years of age or older.
CURRENT VERSION OF TEXT
���� Introduced Pending Technical Review by Legislative
Counsel.
��
An Act
concerning
the statute of limitations in
certain civil actions and amending N.J.S.2A:14-2.
����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:
1.
N.J.S.2A:14-2
is amended to read as follows:
���� 2A:14-2.���� a.���� Every
action at law for an injury to the person caused by the wrongful act, neglect
or default of any person within this� State shall be commenced within two years
next after the cause of any such action shall have accrued; except that
: (1)
an action by or on behalf of a minor that has accrued for medical malpractice
for injuries sustained at birth shall be commenced prior to the minor's 13th
birthday
; and (2) an action for injuries sustained as a result of sexual
assault or any other crime or offense of a sexual nature committed against a
person 18 years of age or older may be commenced at any time
.
���� b.��� In the event that an
action by or on behalf of a minor that has� accrued for medical malpractice for
injuries sustained at birth is not commenced by the minor's parent or guardian
prior to the minor's 12th birthday, the minor or a person 18 years of age or
older designated by the minor to act on the minor's behalf may commence such an
action.� For this purpose, the minor or designated person may petition the
court for the appointment of a guardian ad litem to act on the minor's behalf.
(cf: P.L.2004, c.17, s.3)
���� 2.��� This act shall take
effect immediately and shall apply to any action filed on or after the
effective date, including but not limited to matters where the statute of
limitations has expired and matters filed with a court have not yet been
dismissed with prejudice or finally adjudicated as of the effective date. The
provisions of this act shall also revive any action that was previously
dismissed on grounds that the applicable statute of limitations had expired but
shall not revive any action previously dismissed on any other grounds or revive
any action that has been finally adjudicated.
STATEMENT
���� This bill would eliminate the
statute of limitations for civil actions alleging sexual assault or other
crimes or offenses of a sexual nature committed against a person 18 years of
age or older.� Under current law, generally every personal injury lawsuit must
be commenced within two years after the cause of action has accrued.
There is an exception to this
two-year statute of limitations for medical malpractice actions by or on behalf
of minors for injuries sustained at the minor�s birth.
���� This bill would provide that
in the case of lawsuits for injuries sustained as a result of sexual assault or
any other crime or offense of a sexual nature committed against a person 18
years of age or older, there would be no statute of limitations and the lawsuit
may be commenced at any time.
���� The bill would be retroactive,
applying to matters where the statute of limitations has expired and matters
filed with a court that have not yet been dismissed with prejudice or finally
adjudicated as of the effective date. The provisions of the bill would also
revive any action that was previously dismissed on grounds that the applicable
statute of limitations had expired.� The bill would not revive any action
previously dismissed on any other grounds or revive any action that has been
finally adjudicated.