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A4849
ASSEMBLY, No. 4849
STATE OF NEW JERSEY
222nd LEGISLATURE
�
INTRODUCED MAY 4, 2026
Sponsored by:
Assemblywoman� SHANIQUE SPEIGHT
District 29 (Essex and Hudson)
Co-Sponsored by:
Assemblywoman Morales
SYNOPSIS
���� Creates civil and criminal penalties for invasive
grooming of vulnerable adults.
CURRENT VERSION OF TEXT
���� As introduced.
��
An Act
concerning invasive procedures performed on
vulnerable adults, amending various parts of the statutory law, and
supplementing Title 2C of the New Jersey Statutes.
����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:
���� 1. (New section) a. As used in
P.L.��� , c.���� (C.������� ) (pending before the Legislature as this bill):
���� �Authorized consent� means
express, written permission provided by: A vulnerable adult�s parent, legal guardian,
custodian, attorney-in-fact, guardian ad litem, or court-appointed medical
proxy; and
�a licensed physician stating the
documented medical necessity for the procedure.
���� �Caretaker� means any paid
professional, healthcare worker, personal aide, agency employee, or other individual
who assumes responsibility for the care, custody, or supervision of a
vulnerable adult �pursuant to the individual�s employment, contract, or other
professional arrangement.
���� �Employer� shall have the same
meaning as that term is defined in subsection d. of 26 U.S.C.s. 3401 of the
Internal Revenue Code of 1986.� �Employer� shall include any individual,
partnership, association, organization, labor organization, corporation, legal
representative, trustee, trustee in bankruptcy, receiver, fiduciary, governmental
entity, and any �hiring entity� as defined by section 2 of P.L.2023, c.262
(C.34:11-70).
���� �Intimate parts� shall have
the same meaning as defined in N.J.S.2C:14-1.
���� �Invasive grooming� means the
act of intentionally shaving, waxing, or otherwise removing or altering hair
from the intimate parts of a vulnerable adult.
���� �Licensed physician� means a
physician licensed by the State Board of Medical Examiners.
���� �Medical necessity� means an
action, procedure, or treatment deemed necessary by a licensed physician to
address a specific medical condition, for which a written explanation is
documented in the individual�s medical record. Documentation must explain why
removal of hair from the intimate parts is necessary for health, personal
hyenine, or medical treatment purposes.
���� "Vulnerable adult"
means a person 18 years of age or older who, because of a physical or mental
illness, disability, deficiency, or incapacity, lacks sufficient understanding
or capacity to make, communicate, or carry out decisions concerning his or her well-being,
including, but not limited to, being incapable of providing consent, or being
incapable of understanding or exercising the right to refuse to engage in
particular conduct.�
���� b. Crime of the Third Degree. A
caretaker is guilty of a crime of the third degree for performing invasive
grooming of the intimate parts if the conduct:
���� (1) is performed:
���� (a) without authorized consent;
or
���� (b) in a manner that fails to comply
with proper legal and health care procedures; and
���� (2) causes temporary emotional
distress or physical discomfort to the vulnerable adult.
���� c. Crime of the Second Degree.
A caretaker is guilty of a crime of the second degree for performing invasive
grooming of the intimate parts of a vulnerable adult if the conduct:
���� (1) results in significant or
serious bodily injury as defined in N.J.S.2C:11-1, significant emotional or
psychological trauma, or permanent harm to the vulnerable adult; or
���� (2) is accompanied by willful
acts of intimidation, coercion, or exploitation.
���� d. Crime of the First Degree. A
caretaker is guilty of a crime of the first degree for performing invasive
grooming of the intimate parts of a vulnerable adult if the conduct:
���� (1) involves sexual
gratification on the part of the caretaker or is motivated by sexual or
prurient interest; or
���� (2) is part of a repeated
pattern of abusive or exploitative conduct toward the same or other vulnerable
adults, or if the caretaker records, photographs, or otherwise broadcasts the
act in violation of section 1 of P.L.2003, c.206 (C.2C:14-9).
���� e. A conviction for invasive
grooming of the intimate parts of a vulnerable adult in violation of this
section shall not merge with a conviction for any other criminal offense.
���� f.� It shall not be a defense
that the caretaker was unaware of the law prohibiting invasive grooming without
documented medical necessity and authorized consent.� Further, it shall not be
a defense that the caretaker believed the grooming was in the best interest of
the vulnerable adult, if the caretaker was not provided authorized consent.� It
shall �not be a defense that the vulnerable adult did not vocally object or was
unable to object due to physical or mental incapacity. �
����
���� 2. (New section) Civil
Remedies.
���� a. A vulnerable adult who is
subjected to invasive grooming of the intimate parts, in violation of section 1
of P.L.��� , c.���� (C.������� ) (pending before the Legislature as this bill),
may file a civil lawsuit against the caretaker and the employer responsible for
the caretaker's supervision.
���� b. (1) Damages may include:
���� (a) Compensatory damages for
pain, suffering, emotional distress, and medical expenses;
���� (b) Punitive damages for
willful, egregious, or malicious conduct by the caretaker; and
���� (c) Any other relief that the court
deems just and equitable.
���� (2) Reasonable attorneys� fees
and court costs may also be recoverable by the plaintiff.
���� c. Vicarious Liability.
���� Employers that fail to
adequately train, mandate participation in the training program, established in
accordance with section 17 of P.L.1993, c.249 (C.52:27D-422), supervise, or
oversee caretakers may also be held liable for acts committed in violation of P.L.���
, c.���� (C.������� ) (pending before the Legislature as this bill).
���� 3.� Section 2 of P.L.2019,
c.120 (C.2A:14-2a) is amended to read as follows:
���� 2. a. (1) Every 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) against a minor under the age of 18 that occurred prior to,
on or after the effective date of P.L.2019, c.120 (C.2A:14-2a et al.) shall be
commenced within 37 years after the minor reaches the age of majority, or
within seven years from the date of reasonable discovery of the injury and its
causal relationship to the act, whichever date is later.
���� (2) To the extent applicable,
any action for an injury that occurred prior to the effective date of P.L.2019,
c.120 (C.2A:14-2a et al.) shall be subject to the provisions of subsection c.
of section 1 of P.L.1959, c.90 (C.2A:53A-7) and P.L.2005, c.264 (C.2A:53A-7.4
et seq.), as amended by P.L.2019, c.120 (C.2A:14-2a et al.).
���� b. (1) Every action at law for
an injury resulting from the commission of sexual assault or any other crime of
a sexual nature against a person 18 years of age or older that occurred prior
to, on or after the effective date of P.L.2019, c.120 (C.2A:14-2a et al.) shall
be commenced within seven years from the date of reasonable discovery of the
injury and its causal relationship to the act.
���� (2)� To the extent applicable,
any action for an injury that occurred prior to the effective date of P.L.2019,
c.120 (C.2A:14-2a et al.) shall be subject to the provisions of subsection c.
of section 1 of P.L.1959, c.90 (C.2A:53A-7), as amended by P.L.2019, c.120
(C.2A:14-2a et al.).
���� Nothing in this section is
intended to preclude the court from finding that the statute of limitations was
tolled in an action because of the plaintiff's mental state, physical or mental
disability, duress by the defendant, or any other equitable grounds.� Such a
finding shall be made after a plenary hearing.� The court may order an
independent psychiatric evaluation of the plaintiff in order to assist in the
determination as to whether the statute of limitations was tolled.
����
(3) Notwithstanding the
provisions of paragraph (1) of subsection b. of this section or any other law,
rule, order to the contrary, every action at law for an injury resulting from
the commission of a crime committed in violation of section 2 of P.L. , c. (C. ) (pending
before the Legislature as this bill) may be commenced at any time.
���� c. (1) Every action at law for
an injury that is commenced pursuant to this section shall proceed on an
individual basis, and not proceed on behalf of a class in a class action, due
to the particular circumstances, source of injury and its discovery, and
damages relating to each occurrence or occurrences 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) against either a minor under the age of 18 or a
person 18 years of age or older.
���� (2)� Any private, contractual
arrangement intending to settle claims for occurrences described in paragraph
(1) of this subsection on a class basis is against public policy and shall be
void and unenforceable.
(cf: P.L.2019, c.120, s.2)
���� 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 set forth in N.J.S.2C:11-3, N.J.S.2C:11-4,
N.J.S.2C:14-2 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
]
shall
be commenced within five years after it is committed;
���� (2)� A prosecution for a
disorderly persons offense or petty disorderly persons offense
[
must
]
shall
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
]
shall
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
]
shall
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)
����
(6)� A prosecution for an
offense set forth in section 1 of P.L.��� , c.���� (C.������� ) (pending before
the Legislature as this bill) shall be commenced within five years from the
date the commission of the offense.or five years from the date that the offense
becomes known to the vulnerable adult or legal representative of the vulnerable
adult
.
���� 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. Section 4 of P.L.1993,
c.249 (C.52:27D-409) is amended to read as follows:
���� 4.� a. (1) A health care
professional, law enforcement officer, firefighter, paramedic
,
or
emergency medical technician who has reasonable cause to believe that a
vulnerable adult is the subject of abuse, neglect
,
or exploitation
,
including invasive grooming, as set forth under section 1 of P.L.��� , c.����
(C.������� ) (pending before the Legislature as this bill),
shall report
the information to the county adult protective services provider.
���� (2)� Any other person who has
reasonable cause to believe that a vulnerable adult is the subject of abuse,
neglect
,
or exploitation
, including invasive grooming, as set forth
under section 1 of P.L.��� , c.���� (C.������� ) (pending before the
Legislature as this bill),
may report the information to the county adult
protective services provider.
���� b.��� The report, if possible,
shall contain the name and address of the vulnerable adult; the name and
address of the caretaker, if any; the nature and possible extent of the
vulnerable adult's injury or condition as a result of abuse, neglect
,
or
exploitation; and any other information that the person reporting believes may
be helpful.
���� c.��� A person who reports
information pursuant to
[
this
act
]
the
�Adult Protective Services Act,� P.L.1993, c.249 (C.52:27D-406 et seq.)
, or
provides information concerning the abuse of a vulnerable adult to the county
adult protective services provider, or testifies at a grand jury, judicial
,
or administrative proceeding resulting from the report, is immune from civil
and criminal liability arising from the report, information, or testimony,
unless the person acts in bad faith or with malicious purpose.
���� d.��� An employer or any other
person shall not take any discriminatory or retaliatory action against an
individual who reports abuse, neglect
,
or exploitation pursuant to
[
this act
]
the �Adult
Protective Services Act,� P.L.1993, c.249 (C.52:27D-406 et seq.)
.� An
employer or any other person shall not discharge, demote or reduce the salary
of an employee because the employee reported information in good faith pursuant
to
[
this
act
]
the
�Adult Protective Services Act,� P.L.1993, c.249 (C.52:27D-406 et seq.)
.� A
person who violates this subsection is liable for a fine of up to $1,000
for
the first offense, up to $5,000 for the second offense, and up to $10,000 for a
third or subsequent offense
.
���� e.��� A county adult
protective services provider and its employees are immune from criminal and
civil liability when acting in the performance of their official duties, unless
their conduct is outside the scope of their employment, or constitutes a crime,
actual fraud, actual malice, or willful misconduct.
(cf: P.L.2009, c.276, s.2)
���� 6.� Section 17 of P.L.1993,
c.249 (C.52:27D-422) is amended to read as follows:
���� 17.�
a.
� The
commissioner or
[
his
]
the
commissioner�s
designee shall establish a training program for county
protective services provider staff which shall be offered at least annually and
shall include a minimum of 90 classroom hours.� This training shall be required
during the first year of employment with an adult protective services
provider.�
����
b. �(1)� The commissioner
or the commissioner�s designee shall establish a training program for caretakers,
as defined under section 1 of P.L.��� , c.���� (C.������� ) (pending before the
Legislature as this bill), which shall be offered at least annually.� The
training shall include information concerning the laws governing bodily
autonomy, authorized consent, and medical necessity.
����
(2)This training shall be
required annually during the caretaker�s employment with any employer, as
defined under section 1 of P.L. , c. (C. ) (pending
before the Legislature as this bill), that provides care to vulnerable adults.
����
(3) Any employer, as
defined under section 1 of P.L. , c. (C. ) (pending
before the Legislature as this bill), that fails to require annual
participation by caretakers in the training program required pursuant to this
subsection shall be subject to a fine of up to $25,000 per violation, with each
caretaker that fails to annually participate constituting a separate and
distinct violation.
(cf: P.L.1993, c.249, s.17)�
���� 7. �This act shall take effect
immediately.
STATEMENT
���� This bill establishes criminal
and civil liability for the invasive grooming of vulnerable adults.
Definitions
���� Among other terms, the bill
defines �authorized consent,� �invasive grooming,� and �vulnerable adult.�
�Authorized consent� is defined as express, written permission provided by: the
vulnerable adult�s parent, legal guardian, custodian, attorney-in-fact,
guardian ad litem, or court-appointed medical proxy; and a licensed physician
stating the documented medical necessity for the procedure.� �Invasive grooming�
is defined as the act of intentionally shaving, waxing, or otherwise removing
or altering hair from the intimate parts of a vulnerable adult.�� A �vulnerable
adult� is defined as any individual over the age of 18 �who, because of a
physical or mental illness, disability, deficiency, or incapacity, lacks
sufficient understanding or capacity to make, communicate, or carry out
decisions concerning his or her well-being, including, but not limited to,
being incapable of providing consent, or being incapable of understanding or
exercising the right to refuse to engage in particular conduct.�
Crime
of Invasive Grooming
���� Under the bill, a caretaker is
guilty of a crime of the third degree for performing invasive grooming of the
intimate parts if the conduct: is performed without authorized consent or in a
manner that fails to comply with proper legal and health procedures; and
knowingly or purposely causes temporary emotional distress or physical
discomfort to the vulnerable adult.
���� A caretaker is guilty of a
crime of the second degree for performing invasive grooming of the intimate
parts of a vulnerable adult if the conduct: results in significant or serious
bodily injury,, significant emotional or psychological trauma, or permanent
harm to the vulnerable adult, or is accompanied by willful acts of
intimidation, coercion, or exploitation.
���� A caretaker is guilty of a
crime of the first degree for performing invasive grooming of the intimate
parts of a vulnerable adult if the conduct: involves sexual gratification on
the part of the caretaker or is motivated by sexual or prurient interest; or is
part of a repeated pattern of abusive or exploitative conduct toward the same
or other vulnerable adults, or if the caretaker records, photographs, or
otherwise broadcasts the act in violation of section 1 of P.L.2003, c.206
(C.2C:14-9).
���� A crime of the third degree is
ordinarily punishable by three to five years imprisonment, a fine of up to
$15,000, or both.� A crime of the second degree is ordinarily punishable by
five to 10 years imprisonment, a fine of up to $150,000, or both.� A crime of
the first degree is ordinarily punishable by 10 to 20 years imprisonment, a
fine of up to $200,000, or both.
���� Under the bill, a prosecution
for invasive grooming must be commenced within five years from the date the
commission of the offense, or five years from the date that the offense becomes
known to the vulnerable adult or legal representative of the vulnerable adult.��
Civil
Actions
���� Any civil action at law for an
injury resulting from the commission of the crime of invasive grooming may be
commenced at any time.� A vulnerable adult who is subjected to invasive
grooming of the intimate parts in violation of the bill may file a civil
lawsuit against the caretaker and the employer responsible for the caretaker's
supervision.� The damages may include: compensatory damages for pain,
suffering, emotional distress, and medical expenses; punitive damages for
willful, egregious, or malicious conduct by the caretaker; and any other relief
that the Court deems equitable. Attorneys� fees and court costs can also be
recoverable by the plaintiff. �
���� Employers that fail to
adequately train, mandate participation in the training program, established by
the bill, supervise, or oversee caretakers may also be held liable for acts
committed in violation of the bill.
Training
and Reporting Requirements
���� Under the Adult Protective
Services Act (APSA), a health care professional, law enforcement officer,
firefighter, paramedic, or emergency medical technician who has reasonable
cause to believe that a vulnerable adult is the subject of abuse, neglect, or
exploitation, are required to report the information to the county adult
protective services provider.� The person who fails to report is liable for a
fine of up to $1,000.� Under the APSA, the Commissioner of Human Services is
required to establish a training program for county protective services
provider staff which is required to be offered at least annually and include a
minimum of 90 classroom hours.� This training is required to be taken during
the first year of employment with an adult protective services provider.�
���� The bill amends the penalties
under ASPA, for failure to report abuse, neglect, or exploitation, which would
include, under the bill, the crime of invasive grooming of a vulnerable adult,
to be $1,000 for the first offense, up to $5,000 for the second offense, and up
to $10,000 for a third or subsequent offense.�
���� The bill also requires the
Commissioner of Human Services to establish a training program for caretakers
to be offered at least annually.� The training is required to include
information concerning the laws governing bodily autonomy, authorized consent, and
medical necessity.� The training is required to be taken annually during
employment with any employer or entity that provides care to vulnerable adults.
���� Any employer or entity that
fails to require annual participation by caretakers in the training program
required is to be subject to a fine of up to $25,000 per violation, with each
caretaker that fails to annually participate constituting a separate and
distinct violation.
�
Intent
���� This bill is intended to prevent
paid or professional caretakers from unlawfully engaging in invasive grooming
of vulnerable or disabled adults by shaving the pubic area or engaging in
similar invasive grooming without a documented medical need and proper
authorization, thereby endangering the dignity and safety of such individuals.�
This bill is designed to address a severe violation of personal dignity and
bodily autonomy unique to the relationship between vulnerable adults and their
paid caretakers. By criminalizing invasive grooming without medical
justification and proper authorization, the bill seeks to protect vulnerable
and disabled adults from abuse, exploitation, and humiliation. �It further
ensures that caretakers and their employers are held accountable for breaches
of trust and duty.