Expands categories of individuals who may bring a claim under wrongful imprisonment statute.

A2125

ASSEMBLY, No. 2125

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)

Assemblywoman VERLINA REYNOLDS-JACKSON

District 15 (Hunterdon and Mercer)

Co-Sponsored by:

Assemblymen Spearman, Sampson, Assemblywomen Speight,
Brennan and Assemblyman Kearney

SYNOPSIS

���� Expands categories of individuals who may bring a
claim under wrongful imprisonment statute.

CURRENT VERSION OF TEXT

���� Introduced Pending Technical Review by Legislative
Counsel.

��

An Act
concerning wrongful imprisonment and amending P.L.1997,
c.227,
P.L.2013, c.171 and P.L.1967
.

����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:

����
1.��� Section 1 of P.L.1997,
c.227 (C.52:4C-1) is amended to read as follows:

���� 1.��� The Legislature finds
and declares that innocent persons who have been convicted of crimes and
subsequently imprisoned
or convicted of a crime and subsequently committed
as a "sexually violent predator" in accordance with the provisions of
P.L.1998, c.71 (C.30:4-27.24 et al.)
have been frustrated in seeking legal
redress and that such persons should have an available avenue of redress to
seek compensation for damages. The Legislature intends by enactment of the
provisions of this act that those innocent persons who can demonstrate by clear
and convincing evidence that they were mistakenly convicted and imprisoned
or
mistakenly convicted of a crime and subsequently

committed as a
"sexually violent predator" in accordance with the provisions of
P.L.1998, c.71 (C.30:4-27.24 et al.)
be able to recover damages against the
State.

���� In light of the substantial
burden of proof that must be carried by such persons, it is the intent of the
Legislature that the court, in exercising its discretion as permitted by law
regarding the weight and admissibility of evidence submitted pursuant to this
section, may, in the interest of justice, give due consideration to
difficulties of proof caused by the passage of time, the death or
unavailability of witnesses, the destruction of evidence or other factors not
caused by such persons or those acting on their behalf.

(cf: P.L.2013, c.171, s.1)

����
2.��� Section 2 of
P.L.1997, c.227 (C.52-4C-2) is amended to read as follows:

���� 2.��� a. �Notwithstanding the
provisions of any other law, any person convicted and subsequently imprisoned
or
convicted of a crime and subsequently

civilly committed as a
"sexually violent predator" in accordance with the provisions of
P.L.1998, c.71 (C.30:4-27.24 et al.)
for one or more crimes which he did
not commit may, under the conditions hereinafter provided, bring a suit for
damages in Superior Court against the Department of the Treasury.

���� b.��� Any award of damages to
such person in an action against the State or any political subdivision thereof
or against any employee of the State or any political subdivision thereof with
respect to the same subject matter shall be offset by any award of

damages awarded under this act.

(cf: P.L.2013, c.171, s.2)

���� 3.��� Section 3 of P.L.1997,
c.227 (C.52:4C-3) is amended to read as follows:

���� 3.��� The person (hereinafter
titled, "the claimant") shall establish the following by clear and
convincing evidence:

���� a.���� That he was convicted
of a crime and subsequently sentenced to a term of imprisonment
or convicted
of a crime and subsequently civilly committed as a "sexually violent
predator" in accordance with the provisions of P.L.1998, c.71 (C.30:4-27.24 et al.)
, served
all or any part of his sentence; and

���� b.��� He did not commit the
crime for which he was convicted; and

���� c.���� He did not commit or
suborn perjury, fabricate evidence, or by his own conduct cause or bring about
his conviction. Neither a confession or admission later found to be false
nor
a guilty plea
shall constitute committing or suborning perjury, fabricating
evidence, or causing or bringing about his conviction under this subsection
[
;and

���� d.��� He did not plead guilty
to the crime for which he was convicted
]
.

(cf: P.L.2013, c.171, s.3)

���� 4.��� Section 4 of P.L.1997,
c.227 (C.52:4C-4) is amended to read as follows:

���� 4.��� The suit, accompanied by
a statement of the facts concerning the claim for damages, verified in the
manner provided for the verification of complaints in civil actions, shall be
brought by the claimant within a period of two years after his
conviction is
vacated

or dismissed, his
release from imprisonment,
his release
from State supervision including parole, probation, civil commitment as a
"sexually violent predator" in accordance with the provisions of
P.L.1998, c.71 (C.30:4-27.24 et al.), sex offender registration
or after
the grant of a pardon to him
whichever is later
;
[
provided,
however, that any eligible claimant released or pardoned during the five-year
period prior to May 2, 1996 shall have two years from the effective date of
this act to file a suit
]

provided, however, that any eligible claimant whose conviction is
vacated or dismissed, is released from imprisonment, State supervision
including parole, probation, civil commitment as a "sexually violent
predator" in accordance with the provisions of P.L.1998, c.71 (C.30:4-27.24 et al.), sex
offender registration or pardoned on or after December 27, 2013 and who has not
previously been awarded damages under section 3 of P.L.1997, c.227 (C.52:4C-3)
or section 6 of P.L.2013, c.171 (C.52:4C-7)

shall have two years from
the effective date of P.L.���� , c.���� (C.�������� ) (pending before the

Legislature as this bill) to bring an action for damages
.

(cf: P.L.1997, c.227, s.4)

���� 5.��� Section 5 of P.L.1997,
c.227 (C. 52:4C-5) is amended to read as follows:

���� 5.��� a. �(1) �Damages awarded
under
[
this
act
]
P.L.1997,
c.227 (C.52:4C-1 et al.) and section 6 of P.L.2013, c.171 (C.52:4C-7)� shall
[
not exceed the
greater of
]

include
:

���� (a)�� twice the amount of the
claimant's income in the year prior to his incarceration or
civil commitment
as a "sexually violent

predator" in accordance with the
provisions of P.L.1998, c.71 (C.30:4-27.24 et al.)
;

or

���� (b)�� $50,000 for each year of
incarceration
or civil commitment,

whichever is greater, and

����
(c)�� $25,000 for each year
served under State supervision, including parole, probation, or as a registered
sex offender after a period of incarceration.

���� (2)�� In the event that
damages exceed $1 million, the court may order that the award be paid as an
annuity with a payout over a maximum period of 20 years. The court shall
consider the best interests of the claimant in making such determination.

���� �b.�� In addition to the
damages awarded pursuant to subsection a., the claimant shall be entitled to
receive reasonable attorney fees and costs related to the litigation. A
claimant may also be awarded other non-monetary relief as sought in the
complaint including, but not limited to vocational training, tuition
assistance, counseling, housing assistance, and health insurance coverage as
appropriate.

���� �c.��� Damages awarded under
this act shall not be subject to treatment as gross income to the claimant
under the provisions of the "New Jersey Gross Income Tax Act,"
N.J.S.54A:1-1 et seq.

(cf: P.L.2013, c.171, s.4)

���� 6.��� Section 6 of P.L.2013,
c.171 (C.52:4C-7) is amended to read as follows:

���� 6.���
a.
�The
provisions of
[
this
amendatory and supplementary act

(P.L.2013, c.171)
]

P.L.1997, c.227 (C.52:4C-1 et al.) and P.L.2013, c.171 shall apply to any
claimant released from imprisonment, or granted a pardon on or after the
effective date of
[
this
act
]

P.L.2013,
c.171
.

����
b.��� The provisions of
P.L.�� , c.��� (C.����� ) (pending before the Legislature as this bill) shall
apply to any claimant whose conviction was vacated or dismissed or who was
released from imprisonment, parole, probation, civil commitment as a
"sexually violent predator" in accordance with the provisions of
P.L.1998, c.71 (C.30:4-27.24 et al.) or removed from
the sex offender registry, or granted a pardon on or after December 27,

2013 and who has not previously been awarded damages under section 3 of
P.L.1997, c.227 (C.52:4C-3) or section 6 of P.L.2013, c.171 (C.52:4C-7).� Such
claimant shall have two years from the effective date of P.L.��� c.���
(C.�������� ) (pending before the Legislature as this bill) to bring an action
for damages.

����
c.���� Notwithstanding the
provisions of any other law to the contrary, a person who was previously
ineligible to bring a civil action for damages under section 3 of P.L.1997,
c.227 (C.52:4C-3) or P.L.2013, c.171 on grounds that the person pled guilty to
the crime for which he was convicted shall have two years from the effective
date of P.L.��� , c.����� (C.�������� ) (pending before the Legislature as this
bill) to bring a civil action for damages.

(cf: P.L. 2013, c.171, s.6)

���� 7.��� Section 17 of P.L.1967,
c.43 (C.2A:158A-17) is amended to read as follows:

���� 17. �a. �The reasonable value
of the services rendered to a defendant pursuant to P.L.1967, c.43 (C.2A:158A-1
et seq.) may in all cases be a lien on any and all property to which the
defendant shall have or acquire an interest. The Public Defender shall
effectuate such lien whenever the reasonable value of the services rendered to
a defendant appears to exceed $150.00 and may effectuate such lien where the
reasonable value of those services appears to be less than $150.00.

���� To effectuate such a lien, the
Public Defender shall file a notice setting forth the services rendered to the
defendant and the reasonable value thereof with the Clerk of the Superior
Court. The filing of said notice with the Clerk of the Superior Court shall
from the date thereof constitute a lien on said property for a period of 10
years, unless sooner discharged and except for such time limitations shall have
the force and effect of a Judgment at Law. Within 10 days of the filing of the
Notice of Lien, the Public Defender shall send by certified mail, or serve
personally, a copy of such notice with a statement of the date of the filing
thereof to or upon the defendant at his last known address. If the Public
Defender shall fail to give notice, the lien shall be void.

���� b.��� In any case where the
defendant is awarded damages pursuant to P.L.1997, c.227 (C.52:4C-1 et seq.)
or
section 6 of P.L.2013, c.171 (C.52:4C-7)
on grounds that the defendant did
not commit the crime for which he was convicted and imprisoned,� the Public
Defender shall discharge any lien for services rendered concerning that crime.

(cf: P.L.2013, c.171, s.5)

���� 8.��� This act shall take
effect immediately.

STATEMENT

���� This bill expands the
categories of individuals who may bring a claim under the wrongful imprisonment
statute, P.L.1997, c.227 (C.52:4C-1 et. seq.). The bill also provides a
two-year window during which persons who were ineligible to bring a civil
action for wrongful imprisonment may bring an action for damages.

���� Currently, any person who has
been convicted and subsequently imprisoned for a crime which he did not commit
and for which he did not plead guilty may bring a civil action for damages
against the Department of Treasury.� This bill would allow a person who was
wrongfully convicted of a crime and subsequently wrongfully civilly committed
as a "sexually violent predator" in accordance with the provisions of
P.L.1998, c.71 (C.30:4-27.24 et al.) to also bring an action for wrongful
imprisonment. In addition, any person who entered a guilty plea and was
subsequently imprisoned could also bring an action.�

���� Statute
of Limitations

���� The bill also clarifies the
time frame within which an action may be brought.� The bill provides that a
person may bring a civil action within two years after his conviction is
vacated or dismissed, or his release from prison, State supervision including
parole, probation, civil commitment, sexual offender registration, or after he
has been pardoned, whichever is later. In addition, it provides that any person
who has had his conviction vacated, dismissed, or is released from
imprisonment, State supervision including parole, probation, civil commitment
as a "sexually violent predator" in accordance with the provisions of
P.L.1998, c.71 (C.30:4-27.24 et al.), sex offender registration or pardoned on
or after December 27, 2013 would have two years from the effective date of this
bill to file a suit.�

Damages

���� In 2013 the Legislature
increased the statutory damages amounts awarded in wrongful imprisonment civil
actions pursuant to P.L.2013, c.171. Currently, damages cannot exceed twice the
amount of the claimant�s income in the year prior to the claimant�s incarceration
or $50,000 for each year of incarceration, whichever is greater. (The 2013
amendment increased the amount from $20,000 to $50,000).�

���� The bill does not change this
measurement between the greater of income in the year prior to the claimant�s
incarceration or the total per year amount for each year of incarceration.
Instead it adds time spent in civil commitment as a �sexually violent predator.�
The bill also expands the provisions of the statute to allow for an additional
recovery of $25,000 for each year served on State supervision, including
parole, probation or as a registered sex offender.

���� Therefore, under the bill
damages include (1) twice the amount of the claimant�s income in the year prior
to his incarceration or civil commitment as a �sexually violent predator�; or
(2) $50,000 for each year of incarceration or civil commitment, whichever is
greater, and (3) $25,000 for each year served on parole, on probation, or as a
registered sex offender after a period of incarceration.� In the event that
damages exceed $1 million the court could order that the award be paid in an
annuity with a payout over a maximum period of 20 years.

Applicability
Provision

���� Since the amount of recovery
was increased in 2013 by section 6 of P.L.2013, c.171 and applied to a claimant
released from imprisonment or granted a pardon on or after the effective date
of the 2013 enactment, the bill provides a tiered applicability provision to
clarify the damages provision.

���� The provisions of P.L.1997,
c.227 (C.52:4C-1 et al.) and

P.L.2013, c.171
would apply to any claimant released from imprisonment, or granted a pardon on
or after the effective date of P.L.2013, c.171 which is December 27, 2013.

����
The provisions of this
bill would apply to any claimant whose conviction was vacated or dismissed, or
who was released from imprisonment, parole, probation, civil commitment as a
"sexually violent predator" or removed from the sex offender registry,
or granted a pardon on or after December 27, 2013, the effective date of
P.L.2013, c.171, and who has not previously been awarded damages.� Such a
claimant would have two years from the effective date of this bill to bring an
action for damages.

���� And finally, a person who was
previously ineligible to bring a civil action for damages under section 3 of
P.L.1997, c.227 (C.52:4C-3) or section 6 of P.L.2013, c.171 on grounds that the
person pled guilty to the crime for which he was convicted would have two years
from the effective date of the bill to bring a civil action for damages.

Public
Defender- Lien on Property of Defendant

���� The bill would also amend
section 17 of P.L.1967, c.43 (C.2A:158A-17) to add the cross reference to
section 6 of P.L.2013, c.171 (C.52:4C-7). This section was amended by the 2013
enactment to clarify that the public defender would discharge any lien for services
rendered concerning a crime where the defendant is awarded damages pursuant to
the wrong imprisonment statute.