Extends anti-SLAPP protections to complainants of sexual assault, harassment, and discrimination.

A5142

ASSEMBLY, No. 5142

STATE OF NEW JERSEY

222nd LEGISLATURE

�

INTRODUCED MAY 28, 2026

Sponsored by:

Assemblywoman� VERLINA REYNOLDS-JACKSON

District 15 (Hunterdon and Mercer)

Assemblywoman� LINDA S. CARTER

District 22 (Somerset and Union)

SYNOPSIS

���� Extends anti-SLAPP protections to complainants of
sexual assault, harassment, and discrimination.

CURRENT VERSION OF TEXT

���� As introduced.

��

An Act

concerning protections for complainants of
sexual assault, harassment, and discrimination, and amending Title 2A of the
New Jersey Statutes.

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

���� 1. Section 2 of P.L.2023,
c.155 (C.2A:53A-50) is amended to read as follows:

���� 2.��� Scope.

���� a.���� In this section:

���� (1) �Goods or services� does
not include the creation, dissemination, exhibition, or advertisement or
similar promotion of a dramatic, literary, musical, political, journalistic, or
artistic work.

���� (2) �Governmental unit� means
a public corporation or government or governmental subdivision, agency, or
instrumentality.

���� (3) �Person� means an
individual, estate, trust, partnership, business or nonprofit entity,
governmental unit, or other legal entity.

���� b.��� Except as otherwise
provided in subsection c., this act applies to a cause of action asserted in a
civil action against a person based on the person�s:

���� (1) communication in a
legislative, executive, judicial, administrative, or other governmental
proceeding;

���� (2) communication on an issue
under consideration or review in a legislative, executive, judicial,
administrative, or other governmental proceeding;
[
or
]

���� (3) exercise of the right of
freedom of speech or of the press, the right to assembly or petition, or the
right of association, guaranteed by the United States Constitution or the New
Jersey Constitution, on a matter of public concern
; or

����
(4) making of a report or
complaint, in good faith and without malice, of: a sexual offense pursuant to
chapter 14 of Title 2C of the New Jersey Statutes or N.J.S.2C:24-4, or a
violation of the Law Against Discrimination, N.J.S.10:5-1 et seq.; or an
incident of retaliation for the making of such a report or complaint, where the
person has, or at any time had, a reasonable basis to make such a report or
complaint, whether or not a criminal prosecution, civil action, or
administrative action was actually initiated
.

���� c.���� This act does not apply
to a cause of action asserted:

���� (1) against a governmental
unit or an employee or agent of a governmental unit acting or purporting to act
in an official capacity;

���� (2) by a governmental unit or
an employee or agent of a governmental unit acting in an official capacity to
enforce a law to protect against an imminent threat to public health or safety;
or

���� (3) against a person primarily
engaged in the business of selling or leasing goods or services if the cause of
action arises out of a communication related to the person�s sale or lease of
the goods or services.

(cf: P.L.2023, c.155, s.2)

���� 2. Section 4 of P.L.2023,
C.155 (C.2A:53A-52) is amended to read as follows:

���� 4.��� Stay.

���� a.���� Except as otherwise
provided in subsections d. through g., upon the filing of an application for an
order to show cause under section 3 of P.L.2023, c.155 (C.2A:53A-51) the court
may order:

���� (1) all other proceedings
between the moving party and responding party, including discovery and a
pending hearing or motion, to be stayed;

���� (2) on motion by the moving
party, the court may stay an action or proceeding involving another party, or
discovery by another party, if the hearing or ruling in that proceeding would
adjudicate, or the discovery would relate to, an issue material to an order to
show cause under section 3 of P.L.2023, c.155 (C.2A:53A-51); and

���� (3) In determining whether to
stay any proceedings, there shall be a presumption that such a stay shall be
granted.

���� b.��� A stay under subsection
a. remains in effect until lifted by the court.

���� c.���� Except as otherwise
provided in subsections e., f. and g., if a party appeals from an order ruling
on an order to show cause under section 3 of P.L.2023, c.155 (C.2A:53A-51), all
proceedings between all parties in the action may be stayed by the court until
the conclusion of the appeal.

���� d.��� During a stay under
subsection a., the court may allow limited discovery if a party shows that
specific information is necessary to establish whether a party has satisfied or
failed to satisfy a burden under subsection a. of section 7 of P.L.2023, c.155 (C.2A:53A-55)
and the information is not reasonably available unless discovery is allowed.

���� e.���� A motion under section
10 of P.L.2023, c.155 (C.2A:53A-58) for
damages,
costs, attorney�s fees,
and expenses is not subject to a stay under this section.

���� f.���� A stay under this
section does not affect a party�s ability voluntarily to dismiss a cause of
action or party of a cause of action or move to sever a cause of action.

���� g.��� If the court issues a
stay under this section, the court for good cause may hear and rule on:

���� (1) a motion unrelated to an
order to show cause under section 3 of P.L.2023, c.155 (C.2A:53A-51); and

���� (2) a motion seeking a special
or preliminary injunction to protect against an imminent threat to public
health or safety.

(cf: P.L.2023, c.155, s.4)

���� 3. Section 7 of P.L.2023,
c.155 (C.2A:53A-55) is amended to read as follows:

���� 7.��� Dismissal of cause of
action in whole or part.

���� a.���� In ruling on an order
to show cause under section 3 of P.L.2023, c.155 (C.2A:53A-51), the court shall
dismiss with prejudice a cause of action, or part of a cause of action, if:

���� (1) the moving party
established under subsection b. of section 2 of P.L.2023, c.155 (C.2A:53A-50)
that this act applies;

���� (2) the responding party fails
to establish under subsection c. of section 2 of P.L.2023, c.155 (C.2A:53A-50)
that this act does not apply; and

���� (3) either:

���� (a) the responding party fails
to establish a prima facie case as to each essential element of any cause of
action in the complaint; or

���� (b) the moving party
establishes that:

���� (i) the responding party
failed to state a cause of action upon which relief can be granted; or

���� (ii) there is no genuine issue
as to any material fact and the moving party is entitled to judgment as a
matter of law on the cause of action or part of the cause of action.

���� b.��� A voluntary dismissal
without prejudice of a responding party�s cause of action, or part of a cause
of action, that is the subject of an order to show cause under section 3 of
P.L.2023, c.155 (C.2A:53A-51) does not affect a moving party�s right to obtain
a ruling on the order to show cause and seek
damages,
costs, attorney�s
fees, and expenses under section 10 of P.L.2023, c.155 (C.2A:53A-58).

���� c.���� A voluntary dismissal
with prejudice of a responding�s party cause of action, or part of a cause of
action, that is the subject of an order to show cause under section 3 of
P.L.2023, c.155 (C.2A:53A-51) establishes for the purpose of section 10 of
P.L.2023, c.155 (C.2A:53A-58) that the moving party prevailed on the motion.

(cf: P.L.2023, c.155, s.7)

���� 4. Section 10 of P.L.2023,
c.155 (C.2A:53A-58) is amended to read as follows:

���� 10.� Costs, Attorney�s Fees,
and Expenses.

���� On a motion under section 3 of
P.L.2023, c.155 (C.2A:53A-51), the court shall award
compensatory and
punitive damages,
court costs, reasonable attorney�s fees, and reasonable
litigation expenses related to the order to show cause:

���� (1) to the moving party if the
moving party prevails on the order to show cause; or

���� (2) to the responding party if
the responding party prevails on the order to show cause and the court finds
that the order to show cause was frivolous or filed solely with intent to delay
the proceeding.

(cf: P.L.2023, c.155, s.10)

���� 5. Section 11 of P.L.2023,
c.155 (C.2A:53A-59) is amended to read as follows:

���� 11.� Construction.

����
a.
This act shall be
broadly construed and applied to protect the exercise of the right of freedom
of speech and of the press, the right to assembly and petition, and the right
of association, guaranteed by the United States Constitution or the New Jersey Constitution.�

����
b. This act shall also be
broadly construed and applied in furtherance of the goals of the Law Against
Discrimination, N.J.S.10:5-1 et seq., and for the protection of victims of
sexual offenses.

(cf: P.L.2023, c.155, s.11)

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

STATEMENT

���� This bill extends the State�s
anti-SLAPP law, P.L.2023, c.155 (N.J.S.A.2A:53A-49 et seq.), to protect persons
who make a report or complaint of sexual assault, harassment, or
discrimination.�

���� A SLAPP (strategic lawsuit
against public participation) is typically a lawsuit, such as a defamation
lawsuit, filed in retaliation against a victim, complainant, witness,
whistleblower, advocate, or journalist in order to intimidate or silence the
person from speaking out.� As demonstrated by the #MeToo movement, victims of
sexual assault, harassment, and discrimination may be reluctant to come forward
due to fear of retaliation, including fear of SLAPP suits.

���� Under existing law, a person
facing a SLAPP suit can file an order to show cause with the court to dismiss
the SLAPP claim if it can be shown that the SLAPP claim was asserted based on
the person�s (1) communication in a legislative, executive, judicial,
administrative, or other governmental proceeding; (2) communication on an issue
under consideration or review in a legislative, executive, judicial,
administrative, or other governmental proceeding; or (3) exercise of the right
of freedom of speech or of the press, the right to assembly or petition, or the
right of association, guaranteed by the United States Constitution or the New
Jersey Constitution, on a matter of public concern.� If the SLAPP claim is
dismissed, the person can recover litigation costs and reasonable attorneys�
fees.

���� Under the bill, anti-SLAPP
protections are extended to persons who make a report or complaint, in good
faith and without malice, of: a sexual offense pursuant to chapter 14 of Title
2C of the New Jersey Statutes or N.J.S.2C:24-4, or a violation of the Law
Against Discrimination, N.J.S.10:5-1 et seq., or an incident of retaliation for
the making of such a report or complaint, where the person has, or at any time
had, a reasonable basis to make such a report or complaint, whether or not a
criminal prosecution or civil or administrative action was actually initiated.�
The bill also allows a person who successfully dismisses a SLAPP claim to be
awarded compensatory and punitive damages, in addition to litigation costs and
attorneys� fees.