Expands crime of human trafficking and eliminates statute of limitations; establishes human trafficking response teams; expands human trafficking training and education requirements; appropriates $1 million to Commission on Human Trafficking.

A4796

ASSEMBLY, No. 4796

STATE OF NEW JERSEY

222nd LEGISLATURE

�

INTRODUCED MARCH 23, 2026

Sponsored by:

Assemblywoman� VERLINA REYNOLDS-JACKSON

District 15 (Hunterdon and Mercer)

Assemblywoman� LINDA S. CARTER

District 22 (Somerset and Union)

Assemblywoman� TENNILLE R. MCCOY

District 14 (Mercer and Middlesex)

Co-Sponsored by:

Assemblyman Scharfenberger, Assemblywoman Haider,
Assemblyman Kennedy, Assemblywomen Sweeney, Brennan, Dunn, Assemblymen Bergen,
Kearney, Bhalla, Assemblywomen Speight, Donlon, Peterpaul, Assemblyman Venezia,
Assemblywomen Lopez and Kane

SYNOPSIS

���� Expands crime of human trafficking and eliminates
statute of limitations; establishes human trafficking response teams; expands
human trafficking training and education requirements; appropriates $1 million
to Commission on Human Trafficking.

CURRENT VERSION OF TEXT

���� As introduced.

��

An Act
concerning
human trafficking, amending and
supplementing various parts of the statutory law, repealing section 11 of
P.L.2013, c.51, and making an appropriation.

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

���� 1.��� Section 1 P.L.1959, c.90
(2A:53A-7) is amended to read as follows:

���� 1. a. No nonprofit
corporation, society or association organized exclusively for religious,
charitable or educational purposes or its trustees, directors, officers,
employees, agents, servants or volunteers shall, except as is hereinafter set
forth, be liable to respond in damages to any person who shall suffer damage
from the negligence of any agent or servant of such corporation, society or
association, where such person is a beneficiary, to whatever degree, of the
works of such nonprofit corporation, society or association; provided, however,
that such immunity from liability shall not extend to any person who shall
suffer damage from the negligence of such corporation, society, or association
or of its agents or servants where such person is one unconcerned in and
unrelated to and outside of the benefactions of such corporation, society or
association.�

���� �Nothing in this subsection
shall be deemed to grant immunity to any health care provider, in the practice
of his profession, who is a compensated employee, agent or servant of any
nonprofit corporation, society or association organized exclusively for religious,
charitable or educational purposes.

���� b.��� No nonprofit
corporation, society or association organized exclusively for hospital purposes
or its trustees, directors, officers or volunteers shall, except as is
hereinafter set forth, be liable to respond in damages to any person who shall
suffer damage from the negligence of any agent or servant of such corporation,
society or association, where such person is a beneficiary, to whatever degree,
of the works of such nonprofit corporation, society or association; provided,
however, that such immunity from liability shall not extend to any person who
shall suffer damage from the negligence of such corporation, society, or
association or of its agents or servants where such person is one unconcerned
in and unrelated to and outside of the benefactions of such corporation,
society or association; but nothing herein contained shall be deemed to exempt
the agent, employee or servant individually from their liability for any such
negligence.

���� c.��� Nothing in this section
shall be deemed to grant immunity to:� (1) any nonprofit corporation, society
or association organized exclusively for religious, charitable, educational or
hospital purposes, or its trustee, director, officer, employee, agent, servant
or volunteer, causing damage by a willful, wanton or grossly negligent act of
commission or omission, including sexual assault, any other crime of a sexual
nature, a prohibited sexual act as defined in section 2 of P.L.1992, c.7
(C.2A:30B-2),
[
or
]
sexual abuse
as defined in section 1 of P.L.1992, c.109 (C.2A:61B-1)
, a human trafficking
offense pursuant to section 1 of P.L.2005, c.77(C.2C:13-8) or section 5 of
P.L.2013, c.51 (C.2C:13-9), or advertising commercial sexual abuse of a minor
pursuant to subsection b. of section 12 of P.L.2013, c.51 (C.2C:13-10)
;

���� (2) any trustee, director,
officer, employee, agent, servant or volunteer causing damage as the result of
the negligent operation of a motor vehicle; or

���� (3) an independent contractor
of a nonprofit corporation, society or association organized exclusively for
religious, charitable, educational or hospital purposes.

(cf: P.L.2019, c.120, s.5)

���� 2.��� Section 1 of P.L.1985,
c.126 (C.2A:84A-32.4) is amended to read as follows:

���� 1. a. (1) In prosecutions for
aggravated sexual assault, sexual assault, aggravated criminal sexual contact,
criminal sexual contact, human trafficking
[
involving
sexual activity
]
,
a crime involving domestic violence as defined in section 3 of P.L.1991, c.261
(C.2C:25-19), endangering the welfare of a child pursuant to N.J.S.2C:24-4,
abuse or neglect of a child pursuant to R.S.9:6-3, or in any action alleging an
abused or neglected child under P.L.1974, c.119 (C.9:6-8.21 et seq.), the court
may, on motion and after conducting a hearing in camera,
or in the court�s
discretion,
order the taking of the testimony of a victim or witness on
closed circuit television at the trial, out of the view of the jury, defendant,
or spectators upon making findings as provided in subsection b. of this
section.

���� (2)� In granting such an
order, the court shall assure that:

���� (a)�� the victim or witness
will testify under oath;

���� (b)� the victim or witness
will submit to cross-examination by the defendant's attorney; and

���� (c)�� the defendant, jury, and
judge will be permitted to observe the demeanor of the victim or witness when
making testimonial statements using closed circuit television.

���� b.��� An order under this
section may be made only if the court determines by clear and convincing
evidence that there is a substantial likelihood that the victim or witness
would suffer severe emotional or mental distress if required to testify in the
presence of spectators, the defendant, the jury, or all of them.� The order
shall be specific as to whether the victim or witness will testify outside the
presence of spectators, the defendant, the jury, or all of them and shall be
based on specific findings relating to the impact of the presence of each.

���� c.��� A motion seeking closed
circuit testimony under subsection a. of this section may be filed by:

���� (1)� The victim or witness or,
in the case of a victim or witness who is under the age of 18, the victim's or
witness's attorney, parent or legal guardian;

���� (2)� The prosecutor;
[
or
]

���� (3)� The defendant or the
defendant's counsel
;

����
(4) The court on its own
motion
.

���� d.��� The defendant's counsel
shall be present in the same room as the victim or witness at the taking of
testimony on closed circuit television.� The defendant and the defendant's
attorney shall be able to confer privately with each other during the testimony
by a separate audio system.

���� e.��� If testimony is taken on
closed circuit television pursuant to the provisions of this section, the video
portion of the testimony shall not be recorded and shall not constitute part of
the record on appeal. All audio transmissions, except private conversations
between the defendant and the defendant's attorney, shall be recorded and
thereafter shall be subject to the following provisions:

���� (1)� If the victim or witness
is 18 years of age or older at the time of the court proceedings, any recording
of the audio portion of the closed circuit testimony shall constitute part of
the record on appeal, unless the court orders otherwise for good cause shown
upon motion of the parties.

���� (2)� If the victim or witness
is under the age of 18 at the time of the court proceedings, any recording of
the audio portion of the closed circuit testimony shall not constitute part of
the record on appeal and shall be deemed confidential and not available to the
public, unless the court orders otherwise for good cause shown upon motion of
the parties. In making the determination regarding the availability of the
audio portion of the testimony, the court shall consider potential trauma or
stigma to the victim or witness.� A transcript of the audio portion of the
closed circuit testimony shall constitute part of the record on appeal, subject
to any personal identification safeguards contained in section 1 of P.L.1989,
c.336 (C.2A:82-46).

���� f.���� For purposes of this
section, "closed circuit television" means any closed-circuit,
videoconferencing or other audio-visual electronic technology capable of
producing a simultaneous, one-way broadcast from a victim or witness to a
defendant in a separate physical location. The technology shall allow for the
live observation of the victim or witness by the defendant, jury, and judge
during the course of testimony or cross-examination, while excluding a victim
or witness from directly hearing or viewing the defendant during the
proceedings.

(cf: P.L.2017, c.205, s.1)

���� 3.��� Section 8 of P.L.1968,
c.409 (C.2A:156A-8) is amended to read as follows:

���� 8.��� The Attorney General,
county prosecutor or a person designated to act for such an official and to
perform his duties in and during his actual absence or disability, may
authorize, in writing, an ex parte application to a judge designated to receive
the same for an order authorizing the interception of a wire, or electronic or
oral communication by the investigative or law enforcement officers or agency
having responsibility for an investigation when such interception may provide
evidence of the commission of the offense of murder, kidnapping, gambling,
robbery, bribery, a violation of paragraph (1) or (2) of subsection b. of
N.J.S.2C:12-1,
a violation of stalking pursuant to section 1 of P.L.1992,
c.209 (C.2C:12-10), luring or enticing a child pursuant to section 1 of
P.L.1993, c.291 (C.2C:13-6), a human trafficking offense pursuant to section 1
of L.2005, C.77(C.2C:13-8) or section 5 of P.L.2013, c.51 (C.2C:13-9), advertising
commercial sexual abuse of a minor pursuant to section 12 of P.L.2013, c.51
(C.2C:13-10),
a violation of section 3 of P.L.1997, c.353 (C.2C:21-4.3),
a
violation of N.J.S.2C:21-17,
a violation of N.J.S.2C:21-19 punishable by
imprisonment for more than one year, a violation of P.L.1994, c.121 (C.2C:21-23
et seq.), a violation of sections 1 through 5 of P.L.2002, c.26 (C.2C:38-1
through C.2C:38-5), a violation of N.J.S.2C:33-3, a violation of N.J.S.2C:17-2,
a violation of sections 1 through 3 of P.L.1983, c.480 (C.2C:17-7 through
2C:17-9), a violation of N.J.S.2C:12-3 (terroristic threats),
a third or
fourth degree crime of cyber-harassment pursuant to subsection b. of section 1
of P.L.2013, c.272 (C.2C:33-4.1),
violations of N.J.S.2C:35-3,
N.J.S.2C:35-4 and N.J.S.2C:35-5, violations of sections 112 through 116,
inclusive, of the "Casino Control Act," P.L.1977, c.110 (C.5:12-112
through 5:12-116), a violation of section 1 of P.L.2005, c.77 (C.2C:13-8), a
violation of N.J.S.2C:34-1 punishable by imprisonment for more than one year,
arson, burglary, theft and related offenses punishable by imprisonment for more
than one year,
[
endangering
the welfare of a child pursuant to
]

a violation of
N.J.S.2C:24-4, escape, forgery and fraudulent practices
punishable by imprisonment for more than one year, alteration of motor vehicle
identification numbers, unlawful manufacture, purchase, use, or transfer of
firearms, unlawful possession or use of destructive devices or explosives,
weapons training for illegal activities pursuant to section 1 of P.L.1983,
c.229 (C.2C:39-14), racketeering or a violation of subsection g. of
N.J.S.2C:5-2, leader of organized crime, organized criminal activity directed
toward the unlawful transportation, storage, disposal, discharge, release,
abandonment or disposition of any harmful, hazardous, toxic, destructive, or
polluting substance, or any conspiracy to commit any of the foregoing offenses
or which may provide evidence aiding in the apprehension of the perpetrator or
perpetrators of any of the foregoing offenses.

(cf: P.L.2013, c.51, s.14)

���� 4.��� N.J.S.2C:1-6 is amended
to read as follows:

���� 2C:1-6.� Time Limitations. a.
(1) A prosecution for any offense
, or a conspiracy to commit any offense,

set forth in N.J.S.2C:11-3, N.J.S.2C:11-4,
section 1 of P.L.2005, c.77
(C.2C:13-8), section 5 of P.L.2013, c.51 (C.2C:13-9), section 12 of P.L.2013,
c.51 (C.2C:13-10),
N.J.S.2C:14-2
, N.J.S.2C:14-3,
or sections 1
through 5 of P.L.2002, c.26 (C.2C:38-1 through C.2C:38-5) may be commenced at
any time.

���� (2)� A prosecution for any
offense set forth in N.J.S.2C:17-2, section 9 of P.L.1970, c.39 (C.13:1E-9),
section 20 of P.L.1989, c.34 (C.13:1E-48.20), section 19 of P.L.1954, c.212
(C.26:2C-19), section 10 of P.L.1984, c.173 (C.34:5A-41), or section 10 of P.L.1977,
c.74 (C.58:10A-10) may be commenced at any time.

���� b.��� Except as otherwise
provided in this section, prosecutions for other offenses are subject to the
following periods of limitations:

���� (1)� A prosecution for a crime
must be commenced within five years after it is committed;

���� (2)� A prosecution for a
disorderly persons offense or petty disorderly persons offense must be
commenced within one year after it is committed;

���� (3)� A prosecution for any
offense set forth in N.J.S.2C:27-2, N.J.S.2C:27-4, N.J.S.2C:27-6,
N.J.S.2C:27-7, N.J.S.2C:29-4, N.J.S.2C:30-2, N.J.S.2C:30-3, or any attempt or
conspiracy to commit such an offense, must be commenced within seven years
after the commission of the offense;

���� (4)� A prosecution for an
offense set forth in
[
N.J.S.2C:14-3
or
]

N.J.S.2C:24-4, when the victim at the time of the offense is below the age of
18 years, must be commenced within five years of the victim's attaining the age
of 18 or within two years of the discovery of the offense by the victim,
whichever is later;

���� (5)� (Deleted by amendment,
P.L.2007, c.131).

���� c.��� An offense is committed
either when every element occurs or, if a legislative purpose to prohibit a
continuing course of conduct plainly appears, at the time when the course of
conduct or the defendant's complicity therein is terminated.� Time starts to run
on the day after the offense is committed, except that when the prosecution is
supported by physical evidence that identifies the actor by means of DNA
testing or fingerprint analysis, time does not start to run until the State is
in possession of both the physical evidence and the DNA or fingerprint evidence
necessary to establish the identification of the actor by means of comparison
to the physical evidence.

���� d.��� A prosecution is
commenced for a crime when an indictment is found and for a nonindictable
offense when a warrant or other process is issued, provided that such warrant
or process is executed without unreasonable delay. Nothing contained in this
section, however, shall be deemed to prohibit the downgrading of an offense at
any time if the prosecution of the greater offense was commenced within the
statute of limitations applicable to the greater offense.

���� e.��� The period of limitation
does not run during any time when a prosecution against the accused for the
same conduct is pending in this State.

���� f.���� The limitations in this
section shall not apply to any person fleeing from justice.

���� g.��� Except as otherwise
provided in this code, no civil action shall be brought pursuant to this code
more than five years after such action accrues.

(cf: P.L.2007, c.131, s.1)

���� 5.��� N.J.S.2C:5-4 is amended
to read as follows:

���� 2C:5-4. Grading of Criminal
Attempt and Conspiracy; Mitigation in Cases of Lesser Danger. a. Grading.
Except as provided in subsections c., d., and e., an attempt or conspiracy to
commit a crime of the first degree is a crime of the second degree; except that
an attempt or conspiracy to commit murder or terrorism is a crime of the first
degree, provided, however, that if the person attempted or conspired to murder
five or more persons, the person shall be sentenced by the court to a term of
30 years, during which the person shall not be eligible for parole, or to a
specific term of years which shall be between 30 years and life imprisonment,
of which the person shall serve not less than 30 years before eligibility for
parole.� Otherwise an attempt is a crime of the same degree as the most serious
crime which is attempted, and conspiracy is a crime of the same degree as the
most serious crime which is the object of the conspiracy; provided that, leader
of organized crime is a crime of the second degree.� An attempt or conspiracy
to commit an offense defined by a statute outside the code shall be graded as a
crime of the same degree as the offense is graded pursuant to N.J.S.2C:1-4 and
N.J.S.2C:43-1.

���� b.��� Mitigation.� The court
may impose sentence for a crime of a lower grade or degree if neither the
particular conduct charged nor the defendant presents a public danger
warranting the grading provided for such crime under subsection a. because:

���� (1)� The criminal attempt or
conspiracy charged is so inherently unlikely to result or culminate in the
commission of a crime; or

���� (2)� The conspiracy, as to the
particular defendant charged, is so peripherally related to the main unlawful
enterprise.

���� c.��� Notwithstanding the
provisions of subsection a. of this section, conspiracy to commit a crime set
forth in subsection a., b., or d. of N.J.S.2C:17-1 where the structure which
was the target of the crime was a church, synagogue, temple or other place of public
worship is a crime of the first degree.

���� d.��� Notwithstanding the
provisions of subsection a. of this section, conspiracy to commit a crime as
set forth in P.L.1994, c.121 (C.2C:21-23 et seq.) is a crime of the same degree
as the most serious crime that was conspired to be committed.

���� e.��� Notwithstanding the
provisions of subsection a. of this section,
an attempt or
conspiracy to
commit a crime of human trafficking as set forth in section 1 of P.L.2005, c.77
(C.2C:13-8) is a crime of the first degree.

(cf: P.L.2013, c.51, s.6)

���� 6.��� Section 1 of P.L.2005,
c.77 (C.2C:13-8) is amended to read as follows:

���� 1.��� Human trafficking. a. A
person commits the crime of human trafficking if he:

���� (1)� knowingly holds,
recruits, lures, entices, harbors, transports, provides or obtains, by any
means, another, to engage in sexual activity as defined in paragraph (2) of
subsection a. of N.J.S.2C:34-1 or to provide labor or services:

���� (a)�� by causing or
threatening to cause serious bodily harm or physical restraint against the
person or any other person;

���� (b)� by means of any scheme,
plan, or pattern intended to cause the person to believe that the person or any
other person would suffer serious bodily harm or physical restraint;

���� (c)�� by committing a
violation of N.J.S.2C:13-5 against the person;

���� (d)� by destroying,
concealing, removing, confiscating, or possessing any passport,
immigration-related document as defined in section 1 of P.L.1997, c.1
(C.2C:21-31), or other document issued by a governmental agency to any person
which could be used as a means of verifying the person's identity or age or any
other personal identifying information;

���� (e)�� by means of the abuse or
threatened abuse of the law or legal process;

���� (f)�� by means of fraud,
deceit, or misrepresentation against the person; or

���� (g)� by facilitating access to
a controlled dangerous substance or controlled substance analog as set forth in
chapter 35 of Title 2C of the New Jersey Statutes; or

���� (2)� receives anything of
value
, including non-monetary items, or benefits financially
from
participation
[
as
an organizer, supervisor, financier or manager
]

in a scheme or course of conduct which violates paragraph (1)
or (3)
of
this subsection; or

���� (3)� knowingly holds,
recruits, lures, entices, harbors, transports, provides or obtains, by any
means, a child under 18 years of age, to engage in sexual activity as defined
in paragraph (2) of subsection a. of N.J.S.2C:34-1
or to provide labor or
services
, whether or not the actor mistakenly believed that the child was
18 years of age or older, even if that mistaken belief was reasonable.

���� b.��� An offense under this
section constitutes a crime of the first degree.

���� c.���
(1)
It is an
affirmative defense to prosecution for a violation of this section that, during
the time of the alleged commission of the offense of human trafficking created
by this section, the defendant was a victim of human trafficking.

����
(2) With regard to the
court�s consideration of relevant evidence related to the prosecution of a
human trafficking offense, pursuant to Rule 903 of the Rules of Evidence,
authentication of the following types of evidence may be made by certification
of the records custodian or authorized representative of the financial
institution, remote computing service, print media or electronic communication
provider, or other provider:

����
(a)�� advertisements
published or disseminated in electronic or print form;

����
(b)� financial institution
records; and

����
(c)�� records related to
the provision of remote computing services or electronic communication
services;

����
Upon the request of either
party, in lieu of a certification, the court may authorize a representative of
a financial institution, remote computing service, print media or electronic
communication provider, or other provider to testify in a video or remote
format concerning the admissibility of evidence pursuant to this paragraph.

���� d.���
(1)
Notwithstanding
the provisions of N.J.S.2C:43-6, the term of imprisonment imposed for a crime
,
or an attempt or conspiracy to commit a crime,
of the first degree under
[
paragraph (2)
or (3) of subsection a. of
]

this section shall be either a term of 20 years during which the actor shall
not be eligible for parole, or a specific term between 20 years and life
imprisonment, of which the actor shall serve 20 years before being eligible for
parole.� Notwithstanding the provisions of N.J.S.2C:43-3, the sentence for a
conviction for a crime of the first degree under this section shall include a
fine in an amount of not less than $25,000, which shall be collected as
provided for the collection of fines and restitutions in section 3 of P.L.1979,
c.396 (C.2C:46-4) and forwarded to the Department of the Treasury to be
deposited in the "Human Trafficking Survivor's Assistance Fund"
established by section 2 of P.L.2013, c.51 (C.52:17B-238).

����
(2) A prosecutor,
in consideration of the interests of the victim, may offer
a negotiated plea agreement in which the defendant would be sentenced to a
specific term of imprisonment that is not less than 10 years, during which the
defendant shall not be eligible for parole.� In making such an offer, the
prosecutor shall provide, in writing, specific reasons explaining the decision
to enter into such an agreement.� The court may accept a negotiated plea
pursuant to this paragraph and, upon conviction, impose the term of
imprisonment and period of parole ineligibility provided in the plea agreement.�
The court shall not impose a sentence that is less than the term provided in
the plea agreement.

����
The Attorney General shall
develop guidelines to ensure the uniform exercise of discretion in making
determinations regarding a negotiated reduction in the term of imprisonment and
period of parole ineligibility pursuant to this paragraph.�

���� e.��� In addition to
mandatory
restitution pursuant to section 8 of P.L.��� , c.�� (C.����� ) (pending before
the Legislature as this bill) or
any other disposition authorized by law,
any person who violates the provisions of this section shall be ordered to make
restitution to any victim. The court shall award to the victim restitution
which is the greater of:

���� (1)� the gross income or value
to the defendant of the victim's labor or services; or

���� (2)� the value of the victim's
labor or services as determined by the "New Jersey Prevailing Wage
Act," P.L.1963, c.150 (C.34:11-56.25 et seq.), the "New Jersey State
Wage and Hour Law," P.L.1966, c.113 (C.34:11-56a et seq.), the Seasonal Farm
Labor Act, P.L.1945, c.71 (C.34:9A-1 et seq.), the laws concerning the
regulation of child labor in chapter 2 of Title 34 of the Revised Statutes, or
any other applicable State law, and the "Fair Labor Standards Act of
1938," 29 U.S.C. s.201 et seq., or any other applicable federal law.

(cf: P.L.2013, c.51, s.3)

���� 7.��� (New section) a.� The
county prosecutor's office in each county shall establish a Human Trafficking
Response Team or shall enter into a collaborative agreement with another county
to share the services of that county's response team. The county prosecutor shall
ensure that each response team is comprised of the following:

���� (1)� a
law enforcement officer;

���� (2)� at least one health care professional with
experience in mental health care and substance use disorder treatment;

���� (3) a person with experience in the investigation of
human trafficking violations by the Department of Labor and Workforce
Development,
the Division of Child Protection
and Permanency in the Department of Children and Families, or the Institutional
Abuse Investigation Unit in the Department of Children and Families
; and

���� (4) in counties in which a child advocacy center or
multidisciplinary team has been established pursuant to
section 5 of P.L.2017, c.90 (C.

9:6-8.111)
, a representative
of the child advocacy center or multidisciplinary team.

���� b.��� The Attorney General
shall:

���� (1) establish a State Human
Trafficking Response Team that consists of the same members as provided in
paragraphs (1) through (4) of subsection a. of this section; or

���� (2) attend a county response
team meeting as it relates to cases within that county that are prosecuted by
the Department of Law and Public Safety.

���� c.��� In response to a report
of human trafficking at the request of a victim of human trafficking, or a
report of suspected human trafficking, in accordance with guidelines
established by the Attorney General pursuant to section 23 of P.L.��� , c.��
(C.����� ) (pending before the Legislature as this bill), the response team
shall:

���� (1)�
facilitate the investigation, management, and disposition of the
report;�

���� (2)
provide treatment, counseling, legal, and
forensic medical services to a victim of human trafficking in accordance with
the standard protocols developed by the Attorney General pursuant to section 23
of P.L.��� , c.�� (C.����� ) (pending before the Legislature as this bill); and

���� (3)� provide appropriate referrals for medical and
social service agencies; information regarding the identification and treatment
of health care needs associated with human trafficking; and appropriate
follow-up care for human trafficking victims and their families.

���� d.��� The county prosecutor in
each county shall ensure that each member of the response team completes the
standardized education and training program developed by the Commission on Human
Trafficking pursuant to section 14 of P.L.��� , c.�� (C.����� ) (pending before
the Legislature as this bill).

���� e.��� There is
appropriated the sum of $750,000 from the general fund to the New Jersey
Commission on Human Trafficking to disburse these funds in effectuation of
formation and maintenance of county-based multi-disciplinary teams.� The
Legislature, to the extent possible, shall ensure that sufficient
appropriations are provided annually to maintain the county Human Trafficking
Response Teams, which shall be dedicated to the providing of services pursuant
to this section.� The disbursement of funds shall not be dependent on whether
prosecutions for human trafficking occur.

���� 8.��� (New section)
Notwithstanding the provisions of section 6 of P.L. 2013
c.214 (C:2C:46-4.1), and in addition to any restitution ordered by the court
pursuant to section 1 of P.L.2005, c.77 (C.2C:13-8) or any other relevant
provisions of law, the court shall order a person convicted of any violation of
human trafficking pursuant to section 1 of P.L.2005, c.77 (C.2C:13-8);
facilitation of human trafficking pursuant to section 5 of P.L. 2013
(C.2C:13-9); prostitution pursuant to N.J.S.2C:34-1 and related offenses; or liability
for another�s conduct related any of the foregoing offenses pursuant to
N.J.S.2C:2-6
or any other provision of law governing a person�s liability for the conduct of
another
, to pay mandatory restitution to the victim
of the offense or the prosecutorial or law enforcement entity responsible for
investigating or prosecuting the offense.� The proceeds from any property related
to the prosecution that is forfeited pursuant to section 1 of P.L. 2019
(C.2C:64-3) shall be applied first toward the payment of any restitution
ordered pursuant to this section.

���� c.��� Restitution
ordered pursuant to subsection b. of this section shall include, but not be
limited to:

���� (1)� any
costs of medical or mental health care treatment including, but not limited to,
physical and occupational therapy and rehabilitation;

���� (2)� costs
of necessary transportation, temporary housing, and child care expenses;

���� (3)� costs
of investigation, prosecution, attorney�s fees, victim advocate fees, and other
court-related costs;

���� (4)� necessary
relocation costs incurred by the victim and any family or household members of
the victim including, but not limited to, deposits for utilities or rental
housing, telephone service, temporary lodging and food expenses, clothing, and
personal items;�

���� (5)� costs
associated with restoration of the victim�s credit rating;

���� (6)
costs associated with obtaining legal or administrative assistance to
establish, restore, or maintain the victim�s immigration status; and

���� (7)� reimbursement
for any other financial losses, whether direct or indirect, suffered by the
victim as a result of the defendant�s action.�

���� 9.��� Section 4 of P.L.2013,
c.51 (C.2C:13-8.1) is amended to read as follows:

���� 4.��� a. Any person injured,
including injury due to the loss of moneys or property, real or personal, as a
result of the commission of a human trafficking offense in violation of section
1 of P.L.2005, c.77 (C.2C:13-8), or section 5 of P.L.2013, c.51 (C.2C:13-9), may
bring a civil action in any court of competent jurisdiction against: (1) the
offender; (2) all those acting in concert with that offender; (3) all those
who,

knowingly
[
deriving
]

or with
reckless disregard, derive
a
direct or indirect
pecuniary benefit
from the offense, whether or not these parties are acting in concert with the
offender; and (4) all those
who,
knowingly
[
maintaining
]

or with
reckless disregard, maintain
any victim of the offense, whether or not
these parties are acting in concert with the offender.� A civil action brought
under this section shall not preclude the application of any other civil,
administrative, or criminal remedy under any other provision of law.

���� b. (1) The standard of proof
in a civil action brought pursuant to this section is a preponderance of the
evidence, and the fact that a prosecution against the offending actor is not
instituted or, whenever instituted, terminates without a conviction, shall not
preclude a civil action.

���� (2) A final judgment rendered
in favor of the State in any criminal proceeding shall estop the defendant from
denying the same conduct in any civil action brought pursuant to this section.

���� c.��� In any civil action
brought pursuant to this section, the court shall, in addition to any other
appropriate legal or equitable relief, including damages for pain and
suffering, recovery of reasonable costs for necessary medical, dental, and
psychological services and punitive damages, award damages in an amount that is
the greater of:

���� (1) the gross income or value
to the defendant of the injured party's labor or services; or

���� (2) the value of the injured
party's labor or services as determined by the "New Jersey Prevailing Wage
Act," P.L.1963, c.150 (C.34:11-56.25 et seq.), the "New Jersey State
Wage and Hour Law," P.L.1966, c.113 (C.34:11-56a et seq.), the Seasonal
Farm Labor Act, P.L.1945, c.71 (C.34:9A-1 et seq.), the laws concerning the
regulation of child labor in chapter 2 of Title 34 of the Revised Statutes, or
any other applicable State law, and the "Fair Labor Standards Act of
1938," 29 U.S.C. s.201 et seq., or any other applicable federal law.

���� d.��� In addition to any
damages, penalty, injunction, or other appropriate relief awarded in an action
brought pursuant to this section, the court may award to the injured person
bringing suit reasonable attorney's fees and costs.

����
e.��� As used in this
section, the term "knowing" or "knowingly" means, with
respect to information, that a person:

����
(1) has actual knowledge of
the information; or

����
(2) acts in deliberate
ignorance of the truth or falsity of the information; or

����
(3) acts in reckless
disregard of the truth or falsity of the information.

(P. L.2023, c.208, s.1)

���� 10.� Section 5 of P.L.2013,
c.51 (C.2C:13-9) is amended to read as follows:

���� 5. a. A person commits a crime
of the second degree if he:

���� (1) provides services,
resources, or assistance with the knowledge that the services, resources, or
assistance are intended to be used in furtherance of the commission of the
crime of human trafficking in violation of section 1 of P.L.2005, c.77 (C.2C:13-8).

���� (a)�� For purposes of this
paragraph, "services, resources, or assistance" shall include
financial support, business services, lodging, transportation, the provision of
false documentation or identification, equipment, facilities, or any other
service or property with a pecuniary value that exceeds $200, whether or not a
person is compensated for the services, resources, or assistance, but shall not
include humanitarian or charitable aid or services provided directly to a
victim of human trafficking.

���� (b)� For purposes of this
paragraph, the requisite knowledge that services, resources, or assistance are
intended to be used in furtherance of the commission of the crime of human
trafficking may be inferred if the defendant was aware that a person to whom the
defendant was providing services, resources, or assistance: (i) was subject to
or subjected another to restrictions on the person's freedom of movement, so
that the person could not leave without accompaniment of another person or was
otherwise subjected to obvious restrictions on mobility; or (ii) did not
possess or have access to any means of communication, including but not limited
to a cellular or other wireless telephone or other electronic communication
device, and was not permitted or was otherwise unable to communicate with
another person without supervision or permission; or

���� (2)� procures or attempts to
procure a person to engage in sexual activity as defined in paragraph (2) of
subsection a. of N.J.S.2C:34-1, or to provide labor or services, whether for
himself or another person, knowing that the person provided or to be provided
was a victim of human trafficking, or under circumstances in which a reasonable
person would conclude that there was a substantial likelihood that the person
was a victim of human trafficking.�

���� (a)�� For purposes of this
paragraph, there shall be a rebuttable presumption that the defendant knew, and
that a reasonable person would conclude there was a substantial likelihood,
that a person was a victim of human trafficking if the person: (i) could not leave
the premises where the person provided labor or services without accompaniment
of another person or was otherwise subjected to significant restrictions on the
person's freedom of movement; or (ii) did not possess or have access to any
means of communication, including but not limited to a cellular or other
wireless telephone or other electronic communication device, and was not
permitted or was otherwise unable to communicate with another person without
supervision or permission.

���� (b)� For the purposes of this
paragraph, there shall be a rebuttable presumption that:� (i) a person knew
that a child under the age of 18 years of age procured to engage in sexual
activity or for whom attempts were made to procure for that activity was a victim
of human trafficking; and (ii) a reasonable person would conclude that there
was a substantial likelihood that a child under the age of 18 years of age
procured to engage in sexual activity or for whom attempts were made to procure
for that activity was a victim of human trafficking.

����
(c)�� With regard to the
court�s consideration of relevant evidence related to the prosecution of a
human trafficking offense, pursuant to Rule 903 of the Rules of Evidence,
authentication of the following types of evidence may be made by certification
of the records custodian or authorized representative of the financial
institution, remote computing service, print media or electronic communication
provider, or other provider:

����
i.���� advertisements
published or disseminated in electronic or print form;

����
ii.��� financial
institution records; and

����
iii.�� records related to
the provision of remote computing services or electronic communication
services;

����
Upon the request of either
party, in lieu of a certification, the court may authorize a representative of
a financial institution, remote computing service, print media or electronic
communication provider, or other provider to testify in a video or remote
format concerning the admissibility of evidence pursuant to this paragraph.

����
The court shall also consider
expert testimony by a person who possesses a background in or demonstrates a
specialized knowledge of the legal, policy, educational, social, or
psychological aspects of human trafficking.�� �

���� b. (1) It is an affirmative
defense to prosecution for a violation of this section that, during the time of
the alleged commission of the crime, the defendant was a victim of human
trafficking.

���� (2)� There shall be a
rebuttable presumption that a child under the age of 18 years of age charged
with a violation of this section was a victim of human trafficking.

���� c. (1) Notwithstanding any
provision of law to the contrary, �a person convicted for a violation of this
section shall be sentenced to a term of imprisonment, which shall include a
period of parole ineligibility of one-third to one-half of the term of
imprisonment imposed or three years, whichever is greater.� Notwithstanding the
provisions of N.J.S.2C:43-3, the sentence for a conviction under this section
shall include a fine in an amount of not less than $15,000, which shall be
collected as provided for the collection of fines and restitutions in section 3
of P.L.1979, c.396 (C.2C:46-4) and forwarded to the Department of the Treasury
to be deposited in the "Human Trafficking Survivor's Assistance Fund"
established by section 2 of P.L.2013, c.51 (C.52:17B-238).

���� (2)� Additionally, upon a
finding of guilt or entry of a guilty plea for a crime described under this
section, the court shall direct any issuing State, county, or municipal
governmental agency to revoke any license, permit, certificate, approval,
registration, charter, or similar form of business or professional
authorization required by law concerning the operation of that person's
business or profession, if that business or profession was used in the course
of the crime.

����
(3) Notwithstanding the
provisions of subsection a. of this section, a prosecutor may offer a
negotiated plea agreement in which a defendant who provides services,
resources, or assistance in furtherance of the commission of the crime of human
trafficking pursuant to section 1 of P.L.2005, c.77 (C.2C:13-8), in violation
of this section, may be sentenced for a crime of the third degree.�

����
(4) Notwithstanding any
other provision of law to the contrary, a person who commits a second or
subsequent violation of this section shall be sentenced to an extended term of
imprisonment as set forth in N.J.S.2C:43-7.

����
The
Attorney General shall develop guidelines to ensure the uniform exercise of
discretion in making determinations regarding a negotiated reduction in the
term of imprisonment and period of parole ineligibility pursuant to this
paragraph.�

���� d.��� Nothing in this section
shall be construed to preclude, or limit in any way, the prosecution and
conviction for any other offense, including prosecution and conviction pursuant
to section 1 of P.L.2005, c.77 (C.2C:13-8), human trafficking, N.J.S.2C:34-1,
prostitution and related offenses, and N.J.S.2C:2-6, liability for another's
conduct.

(P.L.2013, c.51, s.5)

���� 11.� Section 12 of P.L.2013,
c.51 (C.2C:13-10) is amended to read as follows:

���� 12. a. The Legislature finds
and declares that:

���� (1)� There reportedly are more
than 12 million victims of human trafficking and it is estimated that this
figure could actually be as high as 27 million;

���� (2)� According to the National
Center for Missing and Exploited Children, at least 100,000 human trafficking
victims are American children who are an average age of 13 years old;

���� (3)� Advertisements for
selling the services of
[
girls
]

youths

as escorts on Internet websites falsely claim that these
[
girls
]

youths

are 18 years of age or older, when
[
the
girls
]

they
actually are minors;

���� (4)� The advertising of these
escort services includes minors who are being sold for sex, which constitutes
sex trafficking and commercial sexual abuse of minors;

���� (5)� Responding to political
and public outcry, the Internet website craigslist.com removed its escort
section, but another website with an escort section, backpage.com, has to date
refused to do so;

���� (6)� The states of Washington
and Connecticut recently enacted laws to require Internet websites, such as
backpage.com, and the patrons who advertise on websites, to maintain
documentation that they have proved the age of the escorts presented in the
advertisements;

���� (7)� The State of New Jersey
criminalized human trafficking in 2005;
however, despite aggressive efforts
by the Legislature to combat human trafficking, victims are routinely
exploited, both financially and sexually, primarily through Internet websites,
mobile applications, and other electronic means of communication including, but
not limited to, advertisements for dating or employment, and sexually-related
Internet websites and mobile applications;
and

���� (8)� Sex trafficking of minors
should be eliminated in conformity with federal laws prohibiting the sexual
exploitation of children.

���� b.��� A person commits the
offense of advertising commercial sexual abuse of a minor if:

���� (1)� the person knowingly
publishes, disseminates, or displays, or causes directly or indirectly, to be
published, disseminated, or displayed, any advertisement for a commercial sex
act, which is to take place in this State and which includes the depiction of a
minor; or

���� (2)� the person knowingly
purchases advertising in this State for a commercial sex act which includes the
depiction of a minor.

���� c.��� A person who commits the
offense of advertising commercial sexual abuse of a minor as established in
subsection b. of this section is guilty of a crime of the first degree.
Notwithstanding the provisions of N.J.S.2C:43-3, the fine imposed for an
offense under this section shall be a fine of at least $25,000, which shall be
collected as provided for the collection of fines and restitutions in section 3
of P.L.1979, c.396 (C.2C:46-4) and forwarded to the Department of the Treasury
to be deposited in the "Human Trafficking Survivor's Assistance Fund"
established by section 2 of P.L.2013, c.51 (C.52:17B-238).

���� d.��� Nothing in this section
shall preclude an indictment and conviction for any other offense defined by
the laws of this State.

���� e.��� For the purposes of this
section:

���� "Advertisement for a
commercial sex act" means any advertisement or offer in electronic or
print media, including the Internet, which includes either an explicit or
implicit offer for a commercial sex act to occur in this State.

���� "Commercial sex act"
means any act of sexual contact or sexual penetration, as defined in
N.J.S.2C:14-1, or any prohibited sexual act, as defined in N.J.S.2C:24-4, for
which something of value is given or received by any person.

���� "Depiction" means
any photograph or material containing a photograph or reproduction of a
photograph.

���� "Minor" means a
person who is under 18 years of age.

���� "Photograph" means a
print, negative, slide, digital image, motion picture, or videotape, and
includes anything tangible or intangible produced by photographing.

���� f.���� It shall not be a
defense to a violation of this section that the defendant:

���� (1)� did not know the age of
the minor depicted in the advertisement; or

���� (2)� claims to know the age of
the person depicted, unless there is appropriate proof of age obtained and
produced in accordance with subsections g. and h. of this section.

���� g.��� It shall be a defense to
a violation of this section that the defendant made a reasonable, bona fide
attempt to ascertain the true age of the minor depicted in the advertisement by
requiring, prior to publication, dissemination, or display of the advertisement,
production of a driver's license, marriage license, birth certificate, or other
governmental or educational identification card or paper of the minor depicted
in the advertisement and did not rely solely on oral or written representations
of the minor's age, or the apparent age of the minor as depicted.� The
defendant shall prove the defense established in this subsection by a
preponderance of the evidence.

���� h.��� The defendant shall
maintain and, upon request, produce a record of the identification used to
verify the age of the person depicted in the advertisement.

(P.L.2013, c.51, s.12)

���� 12.� Section 19 of P.L.2013,
c.51 (C.2C:13-12) is amended to read as follows:

���� 19. a. The Police Training
Commission, in consultation with the Attorney General
[
and
]

,
the
Director of the Division of Criminal Justice in the Department of Law and
Public Safety,
County Prosecutors� Association of the State of New Jersey,
the Assistant Prosecutors� Association of New Jersey, a non-profit organization
with demonstrated experience in human trafficking approved by the Attorney
General, and the Commission on Human Trafficking
, shall develop and
approve, as part of the police training courses required pursuant to P.L.1961,
c.56 (C.52:17B-66 et seq.), courses of study on the handling, response
procedures, investigation, and prosecution of human trafficking cases. These
courses shall be reviewed at least
once
every two years and modified
from time to time as need may require.

���� b. (1) The Department of
Community Affairs, in consultation with the Commission on Human Trafficking
established by section 1 of P.L.2013, c.51 (C.52:17B-237), shall develop,
approve, and provide for a
[
one-time
]
training
course on the handling and response procedures of suspected human trafficking
activities for owners, operators, and staff of hotels and motels as defined in
the "Hotel and Multiple Dwelling Law," P.L.1967, c.76 (C.55:13A-1 et
seq.); or alternatively, the department, in consultation with the commission,
shall approve a substantially similar
[
one-time
]
training
course for use by hotels and motels in providing training to owners, operators,
and staff.� The department, in consultation with the commission, shall define
by regulation which staff positions are required, as a condition of employment,
to attend the
[
one-time
]
training
course.� Verifiable completion of the training course by required staff shall
be a condition of issuance, maintenance, or renewal of any license, permit,
certificate, or approval required, permitted to be granted, or issued to owners
or operators under the provisions of the "Hotel and Multiple Dwelling
Law," P.L.1967, c.76 (C.55:13A-1 et seq.).� The training course shall be
reviewed at least every two years and modified by the department, in
consultation with the commission, from time to time as need may require.

���� (2)� The Department of
Community Affairs, through its oversight and enforcement authority provided
under the "Hotel and Multiple Dwelling Law," P.L.1967, c.76
(C.55:13A-1 et seq.), shall be responsible for ensuring that all hotel and
motel owners, operators, and
[
required
]
staff attend
the
[
one-time
]
training
course
. Owners, operators, and staff of a hotel, as defined in the �Hotel
and Multiple Dwelling Law� pursuant to section 3 of P.L.1967, c.76 (C.55:13A-3)
shall be required to attend the training course at least once every two years,
and
within one year of the enactment of this section in the case of all
current owners, operators, and
[
required
]
staff
engaging in their respective profession on the effective date of this section,
and within six months of the first day of ownership, operation, or employment
for all new owners, operators, and
[
required
]
staff who
initially engage in their respective profession on a date that follows the
effective date.�

���� (3)� The Department of
Community Affairs shall make available the training materials for the
[
one-time
]
training
course to hotel and motel owners, operators, and required staff in order for
the owners, operators, and required staff to fulfill the
[
one-time
]
training
requirement set forth in this subsection.

���� c. (1) The Department of
Health, in consultation with the Commission on Human Trafficking established by
section 1 of P.L.2013, c.51 (C.52:17B-237), shall develop, approve, and provide
for a one-time training course on the handling and response procedures of
suspected human trafficking activities for employees of every licensed health
care facility as defined in section 2 of P.L.1971, c.136 (C.26:2H-2), including
those professionals whose professional practice is regulated pursuant to Title
45 of the Revised Statutes; or alternatively, the department, in consultation
with the commission, shall approve for use a substantially similar one-time
training course provided by a recognized Statewide nonprofit healthcare trade
association with demonstrated experience in providing course offerings to
health care facility employees on similar workplace matters.� The department,
in consultation with the commission and the approved nonprofit course provider,
if any, shall define by regulation which employees are required, as a condition
of their employment, to attend the one-time training course. Verifiable
completion of the training course by required employees shall be a condition of
issuance, maintenance, or renewal of any license, permit, certificate, or
approval required, permitted to be granted, or issued to licensed health care
facilities under the provisions of P.L.1971, c.136 (C.26:2H-1 et al.).� The
training course shall be reviewed at least every two years and modified by the
department, in consultation with the commission and the approved nonprofit
course provider, if any, from time to time as need may require.

���� (2)� The Department of Health,
through its oversight and enforcement authority provided under P.L.1971, c.136
(C.26:2H-1 et al.), shall be responsible for ensuring that all required
employees of licensed health care facilities attend the one-time training course
within one year of the enactment of this section in the case of all current
employees engaging in their respective profession on the effective date of this
section, and within six months of the first day of employment for all new
employees who initially engage in their respective profession on a date that
follows the effective date.� If an approved nonprofit course provider is
involved in providing the one-time training course to new employees who
initially engage in their respective profession on a date that follows the
effective date of this section, then the nonprofit course provider shall
provide the training course at least once every six months in order for these
employees to meet the six-month training deadline established by this
paragraph.

���� (3)� The Department of Health
shall make available the training materials for the one-time training course to
required employees, or to the approved nonprofit course provider, if any, in
order for the required employees to fulfill the one-time training requirement
set forth in this subsection.

���� d. (1) The Administrative
Office of the Courts shall develop and approve a training course and a
curriculum to raise awareness of judges and judicial personnel on the
seriousness of the crime of human trafficking, its impact on human rights and
the need to adequately implement anti-trafficking laws, including not only the
prosecution and sentencing of defendants charged with human trafficking, but
the need to respect and restore rights and needs of victims of human
trafficking.� This training course shall be reviewed at least every two years
and modified by the Administrative Office of the Courts from time to time as
need may require.

���� (2)� The Administrative Office
of the Courts shall make the training course, curriculum, and supporting
materials available to appropriate judges and judicial personnel who may be
involved with the court-related aspects of human trafficking prosecutions through
annual in-service judicial training programs or other means.�

���� e.��� Pursuant to section 2 of
P.L.2013, c.51 (C.52:17B-238), the Attorney General, in consultation with the
Commission on Human Trafficking established by section 1 of P.L.2013, c.51
(C.52:17B-237), may provide for the expenditures of monies from the "Human
Trafficking Survivor's Assistance Fund" to assist with the development,
maintenance, revision, and distribution of training course materials for the
courses developed in accordance with this section, and the operation of these
training courses.

(cf: P.L.2013, c.51, s.19)

���� 13. (New section)� a.� A
nonprofit organization approved by the Commission on Human Trafficking shall
establish a training program to provide mandatory training on human trafficking
advocacy and education to all judges and judicial personnel, assistant and
deputy attorneys general, county prosecutors, assistant county prosecutors,
municipal prosecutors, juvenile justice commission officers and employees,
assistant and deputy public defenders and other attorneys appointed by the
public defender pursuant to section 9 of P.L.1985, c.133 (C. 30:4-165.14), county
board of social services employees, and members of a human trafficking response
team established pursuant to section 7 of� P.L.��� , c.�� (C.����� ) (pending
before the Legislature as this bill).
The training
shall be trauma-informed and shall emphasize
:

���� (1)� the dynamics and
manifestations of human trafficking;

���� (2)� identification of and
communication with human trafficking victims and those at risk of become human
trafficking victims;

���� (3)� the impact of human
trafficking on victims and the community;

���� (4)� protocols for reporting
known or suspected crimes of human trafficking;

���� (5) information regarding the
resources available to victims of human trafficking including but not limited
to criminal penalties, civil actions, and the availability of restitution
; and

���� (6)� where appropriate the
training shall also include information regarding best practices in the
investigation and prosecution of human trafficking crimes and related offenses.�

���� c.��� The course may be
composed of live instruction, telecommunication, video or other medium, or any
combination of methods and shall consist of a minimum of one hour of
instruction.

���� d.� � The training required
pursuant to this section shall be completed within one year of the date of enactment
of P.L. , c. (C. )
(pending before the Legislature as this bill), and once during every subsequent
two year period.

���� e.��� The Administrative
Office of the Courts shall ensure that all judges and judicial personnel complete
the training required pursuant to this section.

���� f.���� The Attorney General
shall ensure that all assistant attorneys general; deputy attorneys general, county
prosecutors and assistant county prosecutors, and municipal prosecutors
complete the training required pursuant to this section.

���� g.��� The Executive Director
of the Juvenile Justice Commission shall ensure that all juvenile justice
commission officers and employees complete the training required pursuant to
this section.�

���� h.��� The Public Defender
shall ensure that all assistant public defenders, deputy public defenders, and
other attorneys appointed by the public defender pursuant to section 9 of P.L.1985,
c.133 (C. 30:4-165.14) complete the training required pursuant to this
section.�

���� i.���� The Commissioner of
Human Services shall ensure that all employees of a county board of social
services complete the training required pursuant to this section.�

���� j.���� There
is appropriated the sum of $250,000 from the general fund to the New Jersey
Commission on Human Trafficking to for the purposes of developing and
administering the training program required pursuant to this section.

���� 14.� (New section)
a
. As used in this
section:

���� �Advertisement for employment� means any
advertisement or offer of employment in print media or electronic format,
including the Internet, and includes any offer or promise to exchange anything
of value in exchange for labor of another person.

���� �Advertisement for dating� means any advertisement
or offer in print media or electronic format, including the Internet, for at
least two persons to meet with the intention of evaluating each other�s
suitability as a partner in a future romantic or sexual relationship.� Such
advertisement shall include, but not be limited to, print media, Internet
websites, mobile applications, and other electronic and print means of
communication.

���� �Mobile application� means an
application designed to be downloaded onto and used in conjunction with a
mobile electronic communication device and available through multiple software
platforms.

���� �Mobile electronic
communication device� means any mobile device capable of communication or other
transmission of information and shall include, but not be limited to, a
cellular telephone, wireless tablet, or other device with Internet capability,
or other wireless communication device.

���� b.��� Any person, corporation, unincorporated
association, or other entity in this State that publishes a required anti-human
trafficking messaging pursuant to this section, or an �advertisement for
dating� or �advertisement for employment� as those terms are defined in this
section, shall include in the message or advertisement an educational message
on human trafficking, to be displayed in a clear, conspicuous, and prominent
manner. Any such message or advertisement made through a mobile application or
on a mobile electronic communication device shall be made available in a
multimedia format including, but not be limited to, in an audio, visual, or
interactive format. The educational message required pursuant to this
subsection shall be developed by the Commission on Human Trafficking pursuant
to section 1 of P.L.2013, c.51 (C.52:17B-237).�

���� c.
Any person, corporation, unincorporated association, or other entity in this
State that fails to comply with the provisions of this section shall be guilty
of a crime of the third degree and
shall be subject to a civil penalty
of not less than $250,000 for each violation. A civil penalty imposed pursuant
to this section may be collected, with costs, in a summary proceeding pursuant
to the �Penalty Enforcement Law of 1999,� P.L.1999, c.274 (C.2A:58-10 et
seq.).� The Superior Court and the municipal court shall have jurisdiction to enforce
the provisions of the �Penalty Enforcement Law of 1999� in connection with this
section.

���� d.

Nothing in this section shall be construed to prevent or limit a private
cause of action by an aggrieved party against a person, corporation,
unincorporated association, or entity that has violated or is alleged to have
violated the provisions of this section.

���� e.��� Notwithstanding any
other provision of law to the contrary, a person who commits a second or
subsequent violation of subsection c. of this section shall be sentenced to an
extended term of imprisonment as set forth in N.J.S.2C:43-7.

���� 15.� N.J.S.2C:64-3 is amended
to read as follows:

���� 2C:64-3.� Forfeiture
procedures. a. Whenever any property other than prima facie contraband is
subject to forfeiture under this chapter, the forfeiture may be enforced by a
civil action, instituted within 90 days of the seizure and commenced by the
State and against the property sought to be forfeited.

���� b.��� The complaint shall be
verified on oath or affirmation.� It shall describe with reasonable
particularity the property that is the subject matter of the action and shall
contain allegations setting forth the reason or reasons the article sought to
be or which has been seized is contraband.

���� c.��� Notice of the action
shall be given to any person known to have a property interest in the article.�
In addition, the notice requirements of the Rules of Court for an in rem action
shall be followed.

���� d.��� The claimant of the
property that is the subject of an action under this chapter shall file and
serve the claim in the form of an answer in accordance with the Rules of
Court.� The answer shall be verified on oath or affirmation, and shall state
the interest in the property by virtue of which the claimant demands its
restitution and the right to defend the action.� If the claim is made in behalf
of the person entitled to possession by an agent, bailee, or attorney, it shall
state that the claimant is duly authorized to make the claim.

���� e.��� If no answer is filed
and served within the applicable time, the property seized shall be disposed of
pursuant to N.J.S.2C:64-6.

���� f.���� If an answer is filed,
the Superior court shall set the matter down for a summary hearing as soon as
practicable. Upon application of the State or claimant, if the claimant is a
defendant in a criminal proceeding arising out of the seizure, the Superior court
may stay proceedings in the forfeiture action until the criminal proceedings
have been concluded by an entry of final judgment.

���� g.��� Any person with a
property interest in the seized property, other than a defendant who is being
prosecuted in connection with the seizure of property may secure its release
pending the forfeiture action unless the article is dangerous to the public
health, safety, and welfare or the State can demonstrate that the property will
probably be lost or destroyed if released or employed in subsequent criminal
activity.� Any person with a property interest other than a defendant who is
being prosecuted, prior to the release of that property shall post a bond with
the court in the amount of the market value of the seized item.

���� h.��� The prosecuting agency
with approval of the entity funding the agency, or any other entity, with the
approval of the prosecuting agency, where the other entity's law enforcement
agency participated in the surveillance, investigation or arrest which is the
subject of the forfeiture action, may apply to the Superior Court for an order
permitting use of seized property, pending the disposition of the forfeiture
action provided, however, that the property shall be used solely for law
enforcement purposes. Approval shall be liberally granted but shall be
conditioned upon the filing of a bond in an amount equal to the market value of
the item seized or a written guarantee of payment for property which may be
subject to return, replacement or compensation as to reasonable value in the
event that the forfeiture is refused or only partial extinguishment of property
rights is ordered by the court.�

����
(2) Any property
seized in connection with a human trafficking offense
shall be applied first toward the payment of any restitution ordered pursuant section
4 of P.L.2013, c.51 (C.2C:13-8.1) or
section 8 of� P.L.��� , c.��
(C.����� ) (pending before the Legislature as this bill)
.� Any remaining property shall then be distributed pursuant to
paragraph (1) of this subsection.�

����
For
the purpose of this subsection, �human trafficking offense� means human
trafficking pursuant to section 1 of P.L.2005, c.77 (C.2C:13-8); facilitation
of human trafficking pursuant to section 5 of P.L. 2013 (C.2C:13-9);
prostitution pursuant to N.J.S.2C:34-1 and related offenses; or liability for
another�s conduct related any of the foregoing offenses pursuant to
N.J.S.2C:2-6
or any other provision of law governing a person�s liability for the conduct of
another
,

���� i.���� If the property is of
the nature that substantial difficulty may result in preserving its value
during the pendency of the forfeiture action, the Superior court may appoint a
trustee to protect the interests of all parties involved in the action.

���� j.���� Evidence of a
conviction of a criminal offense in which seized property was either used or
provided an integral part of the State's proofs in the prosecution shall be
considered in the forfeiture proceeding as creating a rebuttable presumption
that the property was utilized in furtherance of an unlawful activity.

���� k.��� Seized property other
than prima facie contraband shall not be subject to forfeiture pursuant to the
provisions of this chapter if there are no criminal charges arising out of or
related to the property seizure or a criminal prosecution arising out of or
related to the property seizure terminates with no criminal culpability unless:

���� (1)� there is no known owner
of the seized property and no person credibly asserts an ownership interest in
the seized property; or

���� (2)� the State establishes by
a preponderance of the evidence, in the case of seized property in the form of
cash, negotiable instruments, or other cash equivalents, that the property has
a value of greater than $1,000, or in the case of seized property other than
cash, negotiable instruments, or other cash equivalent, that the property has a
value of greater than $10,000.

���� l.���� For the purposes of
this section, a criminal prosecution arising out of or related to the property
seizure terminates with no criminal culpability if, with respect to all
criminal charges involving the seized property, the prosecution resulted in:

���� (1)� an acquittal;

���� (2)� a dismissal with
prejudice, excluding a dismissal with prejudice in which the defendant was
admitted into a program of supervisory treatment pursuant to the provisions of
N.J.S.2C:43-12 through N.J.S.2C:43-22 or any other law or functionally
equivalent program of another state or the United States pursuant to which an
offense was dismissed or a felony conviction avoided or eliminated from the
record when the defendant successfully completed the program; or

���� (3)� a finding of not guilty
by reason of insanity.

(cf: P.L.2019, c.371, s.1)

���� 16.� Section 2 of P.L.1971,
c.437 (C.9:6-8.9) is amended to read as follows:

���� 2.� For purposes of this act:

���� "Abused child" means
a child under the age of 18 years whose parent, guardian, or other person
having his custody and control:

���� a.� Inflicts or allows to be
inflicted upon such child physical injury by other than accidental means which
causes or creates a substantial risk of death, or serious or protracted
disfigurement, or protracted impairment of physical or emotional health or
protracted loss or impairment of the function of any bodily organ;

���� b.� Creates or allows to be
created a substantial or ongoing risk of physical injury to such child by other
than accidental means which would be likely to cause death or serious or
protracted disfigurement, or protracted loss or impairment of the function of
any bodily organ; or

���� c.� Commits or allows to be
committed an act of sexual abuse
or human trafficking
against the child;

���� d.� Or a child whose physical,
mental, or emotional condition has been impaired or is in imminent danger of
becoming impaired as the result of the failure of his parent or guardian, or
such other person having his custody and control, to exercise a minimum degree
of care (1) in supplying the child with adequate food, clothing, shelter,
education, medical or surgical care though financially able to do so or though
offered financial or other reasonable means to do so, or (2) in providing the
child with proper supervision or guardianship, by unreasonably inflicting or
allowing to be inflicted harm, or substantial risk thereof, including the
infliction of excessive corporal punishment or using excessive physical
restraint under circumstances which do not indicate that the child's behavior
is harmful to himself, others or property; or by any other act of a similarly
serious nature requiring the aid of the court;

���� e.� Or a child who has been
willfully abandoned by his parent or guardian, or such other person having his
custody and control;

���� f.� Or a child who is in an
institution as defined in section 1 of P.L.1974, c. 119 (C. 9:6-8.21) and (1)
has been so placed inappropriately for a continued period of time with the
knowledge that the placement has resulted and may continue to result in harm to
the child's mental or physical well-being or (2) has been willfully isolated
from ordinary social contact under circumstances which indicate emotional or
social deprivation.

���� A child shall not be
considered abused pursuant to subsection f. of this section if the acts or
omissions described therein occur in a day school as defined in section 1 of
P.L.1974, c. 119 (C. 9:6-8.21).

(cf: P.L.1987,c.341,s.3)

���� 17.� Section 6 of P.L.1971, c.437
(C.9:6-8.13) is amended to read as follows:

���� 6.� Anyone acting pursuant to
this act in the making of a report under this act shall have immunity from any
liability, civil or criminal, that might otherwise be incurred or imposed.� Any
such person shall have the same immunity with respect to testimony given in any
judicial proceeding resulting from such report.

���� A person who reports or causes
to report in good faith an allegation of child abuse or neglect pursuant to
section 3 of P.L.1971, c. 437 (C. 9:6-8.10) and as a result thereof is
discharged from employment or in any manner discriminated against with respect
to compensation, hire, tenure or terms, conditions or privileges of employment,
may file a cause of action for appropriate relief in the family part of the
Chancery Division of the Superior Court in the county in which the discharge or
alleged discrimination occurred or in the county of the person's primary
residence.

���� If the court finds that the
person was discharged or discriminated against as a result of the person's
reporting an allegation of child abuse or neglect, the court may grant
reinstatement of employment with back pay or other legal or equitable relief.

����
Monetary damages imposed in
a civil action on a representative or agent of a corporation, unincorporated
association, or other entity who, in a timely manner and in good faith, reports
or causes to report an allegation of child abuse or neglect pursuant to section
3 of P.L.1971, c. 437 (C. 9:6-8.10) shall not exceed the amount of the policy
limits of any applicable insurance policy held by the corporation,
unincorporated association, or entity.

(cf: P.L.1987, c.341, s.5)

���� 18.� Section 7 of P.L.1987,
c.341 (C.9:6-8.14) is amended to read as follows:

���� 7. a. Except as provided in
subsection b. of this section any person knowingly violating the provisions of
this act including the failure to report an act of child abuse having
reasonable cause to believe that an act of child abuse has been committed, is a
disorderly person.

���� b.��� Any person who knowingly
fails to report an act of sexual abuse against a child and who has reasonable
cause to believe that an act of sexual abuse has been committed is guilty of a
crime of the fourth degree.

����
c.��� Any person who
knowingly prevents or attempts to prevent the making of a report of child abuse
or sexual abuse shall be guilty of a crime of the third degree, and shall be
guilty of any crime or offense resulting from the failure to report the abuse.

����
d.��� An employer shall be
guilty of a crime of the third degree if the employer:

����
(1)� knowingly prevents or
attempts to prevent the making of a report of child abuse or sexual abuse by an
employee or volunteer; or

����
(2)� discharges or suspends
from employment, or discriminates against in any manner, an employee or
volunteer in response to the employee or volunteer making a report of child
abuse or sexual abuse.

����
e.��� (1) In addition to
relief available pursuant to this section or any other relevant provision of
law, a person who suffers harm as a result of a violation of subsection a., b.,
c., or d. of this section may bring a civil action in any court of competent
jurisdiction including, but not limited to, an action for an injury due to the
loss of moneys or property, real or personal, as a result of the violation.�

����
(2)� The standard of proof
in a civil action brought pursuant to this subsection is a preponderance of the
evidence, and the fact that a prosecution against a defendant pursuant to this
section is not instituted or, whenever instituted, terminates without a conviction,
shall not preclude a civil action.�

����
(3)� The court may award a
person:

����
(a)�� actual damages, but
not less than liquidated damages computed at the rate of $50,000 for each
violation;

����
(b)� punitive
damages upon proof of willful or reckless disregard of the law;

����
(c)�� reasonable attorney's
fees and other litigation costs reasonably incurred; and

����
(d)� such other equitable
relief as the court determines to be appropriate.

����
f.���� Nothing in this
section shall be construed to preclude or limit a prosecution or conviction for
a violation of any offense arising from the act of child abuse or sexual abuse
pursuant to N.J.S.2C:2-6 or any other provision of law governing a person�s liability
for the conduct of another and, notwithstanding the provisions of N.J.S.2C:1-8
or any other provision of law, a conviction arising under this section shall
not merge with a conviction for sexual assault, any other crime of a sexual
nature, a prohibited sexual act as defined in section 2 of P.L.1992, c.7
(C.2A:30B-2), sexual abuse as defined in section 1 of P.L.1992, c.109
(C.2A:61B-1), a human trafficking offense pursuant to section 1 of L.2005,
C.77(C.2C:13-8) or section 5 of P.L.2013, c.51 (C.2C:13-9), advertising
commercial sexual abuse of a minor pursuant to section 12 of P.L.2013, c.51
(C.2C:13-10), or endangering the welfare of a child pursuant to N.J.S.2C:24-4.

���� g.��� Notwithstanding any
other provision of law to the contrary, a person who commits a second or
subsequent violation of subsection c. or d. of this section shall be sentenced
to an extended term of imprisonment as set forth in N.J.S.2C:43-7.

(cf: P.L.2019, c.40, s.2)

���� 19.� Section 3 of P.L.1973,
c.147 (C.9:6-8.18) is amended to read as follows:

���� 3.���
a.
The Division
of Child Protection and Permanency, shall upon receipt of such report, take
action to insure the safety of the child under section 4 of P.L.1971, c.437
(C.9:6-8.11). The report shall be deemed an oral complaint under section 12 of
P.L.1951, c.138 (C.30:4C-12), and the Division of Child Protection and
Permanency, shall investigate the circumstances under which the child was
injured and may, after such investigation has been completed, apply for a court
order placing the child under its care and supervision, pursuant to section 12
of P.L.1951, c.138 (C.30:4C-12).

����
b.� Any action taken by the
Division of Child Protection and Permanency pursuant to subsection a. of this
section may be stayed upon the request of the Commissioner of the Department of
Health, through the department�s oversight and enforcement authority provided
under P.L.1971, c.136 (C.26:2H-1 et al.), if a health care provider attests to
the commissioner by affidavit or certification that:

����
(1) the action may impair
the ongoing assessment and treatment of a victim of an act of child abuse; and

����
(2) the victim is not
imminent danger of further acts of child abuse.

����
c.��� The Commissioner of
Health shall provide quarterly reports to the Commissioner of Children and
Families regarding the status of victim�s assessment treatment and shall
immediately notify the Commissioner of Children and Families when, based on an
attestation or affidavit by a health care provider, an action taken by the
division shall no longer be stayed pursuant to subsection b. of this section
because the victim�s assessment and treatment will no longer be impaired by the
action.�

����
As used in this subsection,
�health care provider� means a health care facility licensed pursuant to
P.L.1971, c.136 (C.26:2H-1 et seq.) or a health care professional whose
practice is regulated pursuant to Title 45 of the Revised Statutes.

(cf: P.L.2012, c.16, s.28)

���� 20. Section 4 of P.L.1985,
c.439 (C.40A:14-146.11) is amended to read as follows:

���� 4. a. A person shall not
commence the duties of a special law enforcement officer unless the person has
successfully completed a training course approved by the commission and a
special law enforcement officer shall not be issued a firearm unless the officer
has successfully completed the basic firearms course approved by the commission
for permanent, regularly appointed police and annual requalification
examinations as required by subsection b. of section 7 of P.L.1985, c.439
(C.40A:14-146.14).� There shall be three classifications for special police
officers.� The commission shall prescribe by rule or regulation the training
standards to be established for each classification
which shall include, but
not be limited to, training on the handling, response procedures for,
investigation, and prosecution of human trafficking cases developed by the
commission pursuant to section 19 of P.L.2013, c.51 (C.2C:13-12)
.� Training
may be in a commission approved academy or in any other training program which
the commission may determine appropriate.� The classifications shall be based
upon the duties to be performed by the special law enforcement officer as
follows:

���� (1)� Class One.� Officers of
this class shall be authorized to perform routine traffic detail, spectator
control, and similar duties. If authorized by ordinance or resolution, as
appropriate, Class One officers shall have the power to issue summonses for
disorderly persons and petty disorderly persons offenses, violations of
municipal ordinances, and violations of Title 39 of the Revised Statutes. The
use of a firearm by an officer of this class shall be strictly prohibited and a
Class One officer shall not be assigned any duties which may require the
carrying or use of a firearm.

���� (2)� Class Two.� Officers of
this class shall be authorized to exercise full powers and duties similar to
those of a permanent, regularly appointed full-time police officer.� The use of
a firearm by an officer of this class may be authorized only after the officer
has been fully certified as successfully completing training as prescribed by
the commission.�

���� (3)� Class Three.� Officers of
this class shall be authorized to exercise full powers and duties similar to
those of a permanent, regularly appointed full-time police officer while
providing security at a public or nonpublic school or a county college on the school
or college premises during hours when the public or nonpublic school or county
college is normally in session or when it is occupied by public or nonpublic
school or county college students or their teachers or professors.� While on
duty in the jurisdiction of employment, an officer may respond to offenses or
emergencies off school or college grounds if they occur in the officer's
presence while traveling to a school facility or county college, but an officer
shall not otherwise be dispatched or dedicated to any assignment off school or
college property.

���� The use of a firearm by an
officer of this class shall be authorized pursuant to the provisions of
subsection b. of section 7 of P.L.1985, c.439 (C.40A:14-146.14).� An officer of
this class shall not be authorized to carry a firearm while off duty unless the
officer complies with the requirements set forth in subsection l. of
N.J.S.2C:39-6 authorizing a retired law enforcement officer to carry a
handgun.��

���� b.��� The commission may, in
its discretion, except from the requirements of this section any person who
demonstrates to the commission's satisfaction that the person has successfully
completed a police training course conducted by any federal, state or other public
or private agency, the requirements of which are substantially equivalent to
the requirements of this act.

���� c.��� The commission shall
certify officers who have satisfactorily completed training programs and issue
appropriate certificates to those officers.� The certificate shall clearly
state the category of certification for which the officer has been certified by
the commission.

���� d.��� All special law
enforcement officers appointed and in service on the effective date of this act
may continue in service if within 24 months of the effective date of this act
they will have completed all training and certification requirements of this
act.

(cf: P.L.2016, c.68, s.2)

���� 21.� Section 7 of P.L.2019,
c.120 (C.59:2-1.3) is amended to read as follows:

���� 7. a. Notwithstanding any
provision of the "New Jersey Tort Claims Act," N.J.S.59:1-1 et seq.,
to the contrary:

���� (1)� immunity from civil
liability granted by that act to a public entity or public employee shall not
apply to an action at law for damages as a result of a sexual assault, any
other crime of a sexual nature, a prohibited sexual act as defined in section 2
of P.L.1992, c.7 (C.2A:30B-2),
[
or
]
sexual abuse
as defined in section 1 of P.L.1992, c.109 (C.2A:61B-1)
, a human trafficking
offense pursuant to section 1 of L.2005, C.77(C.2C:13-8) or section 5 of
P.L.2013, c.51 (C.2C:13-9), or advertising commercial sexual abuse of a minor
pursuant to section 12 of P.L.2013, c.51 (C.2C:13-10)
being committed
against a person, which was caused by a willful, wanton, or grossly negligent
act of the public entity or public employee; and

���� (2)� immunity from civil
liability granted by that act to a public entity shall not apply to an action
at law for damages as a result of a sexual assault, any other crime of a sexual
nature, a prohibited sexual act as defined in section 2 of P.L.1992, c.7 (C.2A:30B-2),

[
or
]
sexual abuse
as defined in section 1 of P.L.1992, c.109 (C.2A:61B-1)
, a human trafficking
offense pursuant to section 1 of L.2005, C.77(C.2C:13-8) or section 5 of
P.L.2013, c.51 (C.2C:13-9), or advertising commercial sexual abuse of a minor
pursuant to section 12 of P.L.2013, c.51 (C.2C:13-10)
�being committed
against a minor under the age of 18, which was caused by the negligent hiring,
supervision, or retention of any public employee.

���� b.��� Every action at law
involving a public entity or public employee as described in subsection a. of
this section shall be subject to the statute of limitations set forth in
section 2 of P.L.2019, c.120 (C.2A:14-2a), and may be brought during the
two-year period set forth in subsection a. of section 9 of P.L.2019, c.120
(C.2A:14-2b), notwithstanding that the action would otherwise be barred through
application of the statute of limitations.

���� c.��� The recovery limits set
forth under subparagraph (a) of paragraph (2) of subsection d. of N.J.S.59:9-2
shall not apply to an action at law filed pursuant to this section.

(cf: P.L.2025, c.29, s.1)

���� 22.� N.J.S.59:8-3 is amended
to read as follows:

���� 59:8-3.� Claims for damages
against public entities. a. Except as otherwise provided in this section, no
action shall be brought against a public entity or public employee under this
act unless the claim upon which it is based shall have been presented in
accordance with the procedure set forth in this chapter.

���� b.��� The procedural
requirements of this chapter shall not apply to an action at law for an injury
resulting from the commission of sexual assault, any other crime of a sexual
nature, a prohibited sexual act as defined in section 2 of P.L.1992, c.7
(C.2A:30B-2),
[
or
]
sexual abuse
as defined in section 1 of P.L.1992, c.109 (C.2A:61B-1)
, a human trafficking
offense pursuant to section 1 of L.2005, C.77(C.2C:13-8) or section 5 of
P.L.2013, c.51 (C.2C:13-9), or advertising commercial sexual abuse of a minor
pursuant to section 12 of P.L.2013, c.51 (C.2C:13-10)
.

(cf: P.L.2019, c.120, s.8)

���� 23.� Section 11 of P.L.2013,
c.51 (C.2C:34-1.2) is repealed.

���� 24.� (New section)�
The Attorney General, pursuant to the "Administrative
Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), shall adopt rules
and regulations to effectuate the purposes of this act.� The Attorney General also
shall establish guidelines governing a county Human Trafficking Response Team's
response to a report of human trafficking pursuant to the provisions of section
7 of
P.L.��� , c.�� (C.����� ) (pending before the Legislature as this
bill)
.

���� 25.� Section 1, section 2, and
sections 4 through 25 of this act shall take effect immediately.� Section 3 of
this act shall take effect immediately and shall be applicable to all offenses
not yet barred from prosecution under the statute of limitations as of the
effective date.

STATEMENT

���� This bill establishes human
trafficking response teams; expands the crime of human trafficking and
eliminates the statute of limitations for human trafficking crimes; modifies
training and education requirements related to human trafficking; and appropriates
$1 million to the New Jersey Commission on Human Trafficking.

Human
Trafficking Response Teams

���� Under the bill, the county
prosecutor's office in each county is required to establish a Human Trafficking
Response Team, or enter into a collaborative agreement with another county to
share the services of that county's response team. The response team is to be comprised
of at least one of the following: (1) a
law enforcement officer; (2) at least one health care professional with
experience in mental health care and substance use disorder treatment; (3) a
person with experience in the investigation by the Department of Labor and
Industry,
Division of Child Protection and
Permanency, or the Institutional Abuse Investigation Unit in the Department of
Children and Families
of human trafficking
violations; and (4) in counties in which a child advocacy center or
multidisciplinary team has been established a representative of the child
advocacy center or multidisciplinary team.� Response team members are required
to complete a training program related to human trafficking risks and
prevention
.

���� The
Attorney General is required to either
establish a State Human
Trafficking Response Team that consists of the same members as provided in
paragraphs (1) through (4) of subsection a. of this section; or attend a county
response team meeting as it relates to cases within that county that are
prosecuted by the Department of Law and Public Safety.

���� The Attorney General is required to adopt rules and regulations to
effectuate the purposes of this bill, and is required to establish guidelines
governing a county Human Trafficking Response Team's response to a report of
human trafficking.

Attorney
General Guidelines for Investigation

���� In response to a report of
human trafficking at the request of a victim of human trafficking, or a report
of suspected human trafficking in accordance with guidelines established by the
Attorney General, the response team is required to:

���� (1) facilitate the investigation, management, and
disposition of the report;

���� (2)
provide
treatment, counseling, legal, and forensic medical services to a victim of
human trafficking in accordance with the standard protocols developed by the
Attorney General pursuant to subsection . of this section; and

���� (3)
provide appropriate referrals for medical and social service
agencies; information regarding the identification and treatment of health care
needs associated with human trafficking; and appropriate follow-up care for
human trafficking victims and their families.

Funding for Human Trafficking
Response Teams

���� The bill appropriates $750,000 from the general fund to the New
Jersey Commission on Human Trafficking to be used for the formation and
maintenance of county-based multi-disciplinary teams.� To the extent possible,
the Legislature is required to ensure that sufficient appropriations are
provided annually to maintain the human trafficking response teams established
under the bill.�

Liability Specific to Advertisers

���� Under the bill, an
advertisement or for employment or dating is required to include an educational
message on human trafficking, to be displayed in a clear and conspicuous
manner, and establishes criminal and civil penalties for failing to comply with
this requirement.� A person who violates this requirement is guilty of a crime
of the third degree and is subject to a civil penalty of not less than
$250,000.� A crime of the third degree is punishable by a fine of up to
$15,000, a term of imprisonment of up to 18 months, or both. The bill provides
that a person who commits a second or subsequent offense is to be sentenced to
an extended term.

Expansion
of Criminal Liability

���� The bill eliminates the
statute of limitations for human trafficking crimes, and the crime of human
sexual contact.� The bill also amends current law to provide that an attempt to
commit the crime of human trafficking is a crime of the first degree, the same
penalties under current law for committing the crime or a conspiracy to commit
the crime.� A crime of the first degree is punishable by a fine of up to
$200,000, a term of imprisonment of 10 to 20 years, or both.�

���� The bill further provides that
a victim who suffers an injury or loss as a result of human trafficking, may
bring a civil action against a person who commits the crime of human
trafficking, acts in concert with the perpetrator, and who directly or
indirectly knowingly benefits from the crime.� The bill defines �knowing� or
�knowingly� to mean, with respect to information, that a person: (1) has actual
knowledge of the information; or (2) acts in deliberate ignorance of the truth
or falsity of the information; or (3) acts in reckless disregard of the truth
or falsity of the information.

���� The provisions of the bill
provide that monetary damages imposed on a corporation or other entity, or a
representative in a civil action are to be limited to the policy limits of an
applicable insurance policy held by the corporation if the corporation or
entity reports an allegation of child abuse or neglect in a timely manner.� The
bill also expands the crime of failure to report an act of child abuse or
sexual abuse of a child, and upgrades a violation from a disorderly persons
offense to a crime of the fourth degree.� A crime of the fourth degree is
punishable by a fine of up to $10,000, a term of imprisonment of up to 18
months, or both.

���� In addition to damages and
other equitable relief, the bill also requires an order of restitution
to the victim of the offense or the prosecutorial or law
enforcement entity responsible for investigating or prosecuting the offense.�
The proceeds from any sale of property that is forfeited pursuant to the
State�s civil asset forfeiture laws� as a result of a prosecution for human
trafficking is to be applied first toward the payment of the order of restitution.

The r
estitution is required to include, but not be
limited to costs related to: (1) medical treatment including physical and
occupational therapy and rehabilitation; (2) necessary transportation,
temporary housing, and child care expenses; (3) investigation costs, prosecution,
attorney�s fees, victim advocate fees, and other court-related costs; (4) necessary
relocation expenses incurred by the victim and any family or household members
of the victim; (5) costs associated with restoration of the victim�s credit
rating; (6) restoration of the victim�s immigration status; and (7) reimbursement
for any other financial losses, whether direct or indirect, suffered by the
victim.�

Expansions of Civil Liability

���� The bill provides that, with
regard to the court�s consideration of relevant evidence related to the
prosecution of a human trafficking offense, pursuant to Rule 903 of the Rules
of Evidence, authentication of the certain types of evidence, enumerated in the
bill, may be made by certification of the records custodian or authorized
representative of a financial institution, remote computing service, print
media or electronic communication provider, or other provider. In lieu of a
certification, the court may authorize a representative of a company that
provides these services to testify in a video or remote format.� The court also
is to consider expert testimony by a person who possesses a background in or
demonstrates a specialized knowledge of the legal, policy, educational, social,
or psychological aspects of human trafficking.�

���� The bill modifies the
definition of �abused child� to provide that a child under the age of 18 is an
abused child if a parent, guardian, or other person with custody or control
over the child commits or allows to be committed an act of human trafficking against
the child.�

���� In addition to civil liability
for certain other crimes as provided under current law, the bill provides that
the following individuals or entities are not entitled to immunity from civil
liability for damages caused by a willful, wanton or grossly negligent act of
human trafficking committed by:

�

a public entity or public employee

�

a nonprofit corporation, society or association organized
exclusively for religious, charitable, educational or hospital purposes, or its
trustee, director, officer, employee, agent, servant or volunteer;

�

a trustee, director, officer, employee, agent, servant or
volunteer causing damage as the result of the negligent operation of a motor
vehicle; or

�

an independent contractor of a nonprofit corporation, society or
association organized exclusively for religious, charitable, educational or
hospital purposes.

Additional
Considerations under the Rules of Evidence

���� In addition, the bill expands
current law to permit an ex parte application for an order authorizing the
interception of a wire, or electronic or oral communication if the interception
may provide evidence of the commission of an offense of stalking, luring or
enticing a child, a human trafficking or related offense, a violation of N.J.S.A.2C:21-4.3,
impersonation or identity theft; or a third or fourth degree crime of
cyber-harassment.

Training
Requirements for Certain Investigations

���� The bill modifies training
requirements for the handling of, response procedures for, and investigation
and prosecution of human trafficking cases for: hotel and motel owners,
operators, and staff; licensed health care professionals and staff; holders of
a commercial drivers license; public transportation employees; judges and
judicial personnel, assistant and deputy attorneys general, county prosecutors,
assistant county prosecutors, municipal prosecutors, juvenile justice
commission officers and employees, assistant and deputy public defenders and
other attorneys appointed by the public defender; county board of social
services employees, members of a human trafficking response team established
under the bill; and special law enforcement officers.� The Commission on Human
Trafficking is required to approve a nonprofit organization to provide the
mandatory training required under the bill.� The bill appropriates $250,000 to
the commission for the development and administration of the training program.