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A2218 2R ACS FISCAL ESTIMATE
LEGISLATIVE FISCAL ESTIMATE
[Second Reprint]
ASSEMBLY COMMITTEE SUBSTITUTE FOR
ASSEMBLY, No. 2218
STATE OF NEW JERSEY
222nd LEGISLATURE
DATED: JULY 1, 2026
SUMMARY
Synopsis:
Secures protections for patients and providers accessing
and providing reproductive health care services; establishes right of
residents to reproductive health care activity that is restricted in other
states.
Type of Impact:
Annual State expenditure and revenue increases.� Annual
local expenditure increase.
Agencies Affected:
Department of Law and Public Safety; County Prosecutors;
the Judiciary; Office of the Public Defender; Department of Corrections;
State Parole Board.
Office of
Legislative Services Estimate
Fiscal Impact
�
Annual�
State Expenditure Increase
Indeterminate
State Revenue Increase
Indeterminate
Local Expenditure Increase
Indeterminate
�
The Office of Legislative Services (OLS) concludes that this bill
will result in an indeterminate annual increase in State and local expenditures
and State revenues.� The OLS lacks sufficient information to quantify the
fiscal impact, as it is not possible to estimate the number of crimes likely to
be prosecuted under the provisions of this bill.�
�
The bill establishes a new crime of �interference with
reproductive health care services.�� If the number of prosecutions were to
increase under the new crime, the following agencies would experience a
caseload increase: i) the Department of Law and Public Safety would provide
guidance and other information related to the prosecution of the cases; ii)
county prosecutors would have to prosecute additional cases; iii) the Judiciary
would have to adjudicate additional complaints and monitor additional
probationers; iv) the Office of the Public Defender would have to represent
additional low-income criminal defendants; v) the Department of Corrections
would have to house and care for additional offenders; and vi) the State Parole
Board would have to supervise the return to society of additional offenders.
�
The OLS notes that the State may receive indeterminate revenues
from the fines imposed on individuals convicted of the new crime; however, the
State�s ability to collect fines has historically been limited.�
�
The OLS finds that, as a result of new civil actions related to
interference with reproductive health care services that may be initiated by an
individual harmed under the bill, or the Attorney General or a county or
municipal prosecutor, the Judiciary may also incur an indeterminate increase in
annual operating expenditures, as additional resources will likely have to be
allocated to any increase in civil caseload.� The OLS, however, anticipates
collections from court fees, and potentially civil penalties, to grow in tandem
with the caseload.
BILL DESCRIPTION
����� This bill establishes certain protections for
individuals engaging in reproductive health care activity, as well as certain
protections for professionals who provide reproductive health care service.
����� The bill creates the new crime of �interference with
reproductive health care services.�
����� Interference with reproductive health care services is
a crime of the fourth degree, except that it is a crime of the third degree if
the victim suffers bodily injury, and a crime of the second degree if the
victim suffers significant bodily injury or serious bodily injury.�
����� A crime of the fourth degree is punishable by up to 18
months imprisonment, a fine of up to $10,000, or both.� A crime of the third
degree is punishable by three to five years imprisonment, a fine of up to
$15,000, or both.� A crime of the second degree is punishable by five to ten
years imprisonment, a fine of up to $150,000, or both.�
����� The bill also authorizes a civil action against a
person who unlawfully interferes with another person�s reproductive health care
services.� A court may award injunctive relief; compensatory damages; punitive
damages; reasonable attorney�s fees and other litigation costs; and any other
preliminary and equitable relief the court determines to be appropriate.
����� The Attorney General may bring a civil action to
enjoin a violation of the law, for compensatory damages, and for the assessment
of a civil penalty against each person who violates the law.� The civil penalty
imposed on each actor will be up to, but will not exceed, $10,000 for a first
violation, and $25,000 for any subsequent violation.
FISCAL ANALYSIS
EXECUTIVE BRANCH
����� None received.
OFFICE OF LEGISLATIVE SERVICES
����� The OLS concludes that this bill will result in an
indeterminate annual increase in State and local expenditures and State
revenues.� The OLS lacks sufficient information to quantify the fiscal impact,
as it is not possible to estimate the number of crimes likely to be prosecuted or
the number of civil actions likely to be initiated under the provisions of this
bill.
����� This bill establishes a new crime of �interference
with reproductive health care services.�� If the number of prosecutions were to
increase under the new crime, the following agencies would experience a
caseload increase: i) the Department of Law and Public Safety would provide
guidance and other information related to the prosecution of the cases; ii)
county prosecutors would have to prosecute additional cases; iii) the Judiciary
would have to adjudicate additional complaints and monitor additional probationers;
iv) the Office of the Public Defender would have to represent additional
low-income criminal defendants; v) the Department of Corrections would have to
house and care for additional offenders; and vi) the State Parole Board would
have to supervise the return to society of additional offenders.
����� Interference with reproductive health care services is
a crime of the fourth degree, except that it is a crime of the third degree if
the victim suffers bodily injury, and a crime of the second degree if the
victim suffers significant bodily injury or serious bodily injury.� The OLS
notes that, to the extent the bill results in additional incarcerations, the
Department of Corrections would incur those costs.� Based on information
provided by the department, the average annual cost of incarceration is
projected to be $78,848 per incarcerated person in FY 2026 and the marginal
cost of housing one additional incarcerated person, accounting for food,
clothing, and wages is projected to be $4,385.
����� According to the State Parole Board, the annual
average marginal cost to supervising one additional parolee is estimated at
$4,002 for FY 2026.� The average cost per parolee, with all overhead costs
included, is estimated at $6,884 for FY 2026.
����� The OLS notes that the State may receive indeterminate
revenues from the fines imposed on individuals convicted of the new crime;
however, the State�s ability to collect fines has historically been limited.
����� Finally, the OLS finds that, as a result of new civil
actions related to interference with reproductive health care services that may
be initiated by an individual or, the Attorney General or a county or municipal
prosecutor under the bill, the Judiciary may also incur an indeterminate
increase in annual operating expenditures, as additional resources will likely
have to be allocated to any increase in civil caseload.� The OLS anticipates
collections from court fees to grow in tandem with the caseload.� The State may
receive additional revenues from civil penalties.� Pursuant to the bill, the
Attorney General may bring a civil action to enjoin a violation of the law, for
compensatory damages, and for the assessment of a civil penalty against each
person who violates the law.� The civil penalty imposed on each actor will be
up to, but will not exceed, $10,000 for a first violation, and $25,000 for any
subsequent violation.
Section:
Judiciary
Analyst:
Anuja Pande Joshi
Senior Fiscal Analyst
Approved:
Thomas Koenig
Legislative Budget and Finance Officer
This legislative fiscal estimate has been produced by the
Office of Legislative Services due to the failure of the Executive Branch to
respond to our request for a fiscal note.
This fiscal estimate has been prepared pursuant to P.L.1980,
c.67 (C.52:13B-6 et seq.).