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S3654
SENATE, No. 3654
STATE OF NEW JERSEY
222nd LEGISLATURE
�
INTRODUCED FEBRUARY 24, 2026
Sponsored by:
Senator� LINDA R. GREENSTEIN
District 14 (Mercer and Middlesex)
Co-Sponsored by:
Senators Burgess and Diegnan
SYNOPSIS
���� Establishes civil action for abuse, neglect,
exploitation or bullying of minor or adult with disability; provides that
bullying of vulnerable adult may constitute grounds for investigation by adult
protective services and report to law enforcement.
CURRENT VERSION OF TEXT
���� As introduced.
��
An Act
concerning the bullying of disabled persons, amending
P.L.1993, c.249 and N.J.S.2A:14-2 and supplementing Title 2A of the New Jersey
Statutes.
����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:
���� 1.��� N.J.S.2A:14-2 is amended
to read as follows:
���� 2A:14-2.���� a.�� Except as
otherwise provided by law, every action at law for an injury to the person
caused by the wrongful act, neglect or default of any person within this State
shall be commenced within two years next after the cause of any such action
shall have accrued; except that an action by or on behalf of a minor that has
accrued for medical malpractice for injuries sustained at birth shall be
commenced prior to the minor's 13th birthday.
���� b.��� In the event that an
action by or on behalf of a minor that has accrued for medical malpractice for
injuries sustained at birth is not commenced by the minor's parent or guardian
prior to the minor's 12th birthday, the minor or a person 18 years of age or
older designated by the minor to act on the minor's behalf may commence such an
action.� For this purpose, the minor or designated person may petition the
court for the appointment of a guardian ad litem to act on the minor's behalf.
����
c.��� (1)�� Every action at
law for an injury to a minor with a disability under the age of 18 where such
injury resulted from abuse, neglect, exploitation, or bullying as defined in
section 2 of P.L.1993, c.249 (C.52:27D-407) and the injury occurred prior to,
on, or after the effective date of P.L.��� , c.��� (C.��� ) (pending before the
Legislature as this bill) 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 is
later.
����
(2)� Every action at law
for an injury to an adult with a disability aged 18 or older where such injury
resulted from abuse, neglect, exploitation, or bullying as defined in section 2
of P.L.1993, c.249 (C.52:27D-407) that occurred prior to, on, or after the
effective date of P.L.��� , c.��� (C.��� ) (pending before the Legislature as
this bill) shall be commenced within seven years from the date of reasonable
discovery of the injury and its causal relationship to the act.
(cf: P.L.2019, c.120, s.1)
���� 2.��� (New section)��� a.�� As
used in P.L.��� , c.��� (C.�������� ) (pending before the Legislature as this
bill), �disability� has the meaning set forth in subsection q. of section 5 of
P.L.1945, c.169 (C.10:5-5).
���� b.��� A minor under the age of
18 with a disability shall have a cause of action for injury resulting from
abuse, neglect, exploitation, or bullying as defined in section 2 of P.L.1993,
c.249 (C.52:27D-407). The action shall be commenced within the time period set
forth in paragraph (1) of subsection c. of N.J.S.2A:14-2.
���� c.��� An adult aged 18 or
older with a disability shall have a cause of action for injury resulting from
abuse, neglect, exploitation, or bullying as defined in section 2 of P.L.1993,
c.249 (C.52:27D-407). The action shall be commenced within the time period set
forth in paragraph (2) of subsection c. of N.J.S.2A:14-2.
���� 3.��� Section 2 of P.L.1993,
c.249 (C.52:27D-407) is amended to read as follows:
���� 2.��� As used in this act:
���� "Abuse" means the
willful infliction of physical pain, injury or mental anguish, unreasonable
confinement, or the willful deprivation of services which are necessary to
maintain a person's physical and mental health.�
����
�Bullying� means any
gesture, any written, verbal, or physical act, or any electronic communication
that causes a reasonable person to fear for his safety or fear damage to his
property.�
���� "Caretaker" means a
person who has assumed the responsibility for the care of a vulnerable adult as
a result of family relationship or who has assumed responsibility for the care
of a vulnerable adult voluntarily, by contract, or by order of a court of
competent jurisdiction, whether or not they reside together.�
���� "Commissioner" means
the Commissioner of Human Services.
���� "Community setting"
means a private residence or any noninstitutional setting in which a person may
reside alone or with others, but shall not include residential health care
facilities, rooming houses or boarding homes or any other facility or living
arrangement subject to licensure by, operated by, or under contract with, a
State department or agency.�
���� "County adult protective
services provider" means a county Board of Social Services or other public
or nonprofit agency with experience as a New Jersey provider of protective
services for adults, designated by the county and approved by the commissioner.
The county adult protective services provider receives reports made pursuant to
this act, maintains pertinent records and provides, arranges, or recommends
protective services.�
���� "County director"
means the director of a county adult protective services provider.�
���� "Department" means
the Department of Human Services.
���� "Emergency medical
technician" means a person trained in basic life support services as
defined in section 1 of P.L.1985, c.351 (C.26:2K-21) and who is certified by
the Department of Health to provide that level of care.
���� "Exploitation" means
the act or process of illegally or improperly using a person or his resources
for another person's profit or advantage.�
���� "Firefighter" means
a paid or volunteer firefighter.
���� "Health care
professional" means a health care professional who is licensed or
otherwise authorized, pursuant to Title 45 or Title 52 of the Revised Statutes,
to practice a health care profession that is regulated by one of the following
boards or by the Director of the Division of Consumer Affairs: the State Board
of Medical Examiners, the New Jersey Board of Nursing, the New Jersey State
Board of Dentistry, the New Jersey State Board of Optometrists, the New Jersey
State Board of Pharmacy, the State Board of Chiropractic Examiners, the
Acupuncture Examining Board, the State Board of Physical Therapy
Examiners
,
the State Board of Respiratory Care, the Orthotics and Prosthetics Board of
Examiners, the State Board of Psychological Examiners, the State Board of
Social Work Examiners, the State Board of Examiners of Ophthalmic Dispensers
and Ophthalmic Technicians, the Audiology and Speech-Language Pathology
Advisory Committee, the State Board of Marriage and Family Therapy Examiners,
the Occupational Therapy Advisory Council, the Certified Psychoanalysts
Advisory Committee, and the State Board of Polysomnography.� "Health care
professional" also means a nurse aide or personal care assistant who is
certified by the Department of Health.
���� "Neglect" means an
act or failure to act by a vulnerable adult or his caretaker which results in
the inadequate provision of care or services necessary to maintain the physical
and mental health of the vulnerable adult, and which places the vulnerable
adult in a situation which can result in serious injury or which is
life-threatening.�
���� "Protective
services" means voluntary or court-ordered social, legal, financial,
medical or psychiatric services necessary to safeguard a vulnerable adult's
rights and resources, and to protect a vulnerable adult from abuse, neglect or
exploitation.� Protective services include, but are not limited to: evaluating
the need for services, providing or arranging for appropriate services,
obtaining financial benefits to which a person is entitled, and arranging for
guardianship and other legal actions.�
���� "Vulnerable adult"
means a person 18 years of age or older who resides in a community setting and
who, because of a physical or mental illness, disability or deficiency, lacks
sufficient understanding or capacity to make, communicate, or carry out
decisions concerning his well-being and is the subject of abuse, neglect
[
or
]
,
exploitation
, or bullying
.� A person shall not be deemed to be the
subject of abuse, neglect
[
or
]
,
exploitation
, or bullying
or in need of protective services for the sole
reason that the person is being furnished nonmedical remedial treatment by
spiritual means through prayer alone or in accordance with a recognized
religious method of healing in lieu of medical treatment, and in accordance
with the tenets and practices of the person's established religious tradition.�
(cf: P.L.2012, c.17, s.424)
���� 4.��� 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
, or bullying as defined in section 2 of P.L.1993, c.249
(C.52:27D-407)
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
, or bullying as defined in section 2 of P.L.1993, c.249
(C.52:27D-407)
� 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
, or bullying as defined in section 2 of P.L.1993, c.249
(C.52:27D-407)
; and any other information that the person reporting
believes may be helpful.
���� c.��� A person who reports
information pursuant to this act, 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
, or bullying as defined in section 2 of P.L.1993, c.249
(C.52:27D-407)
pursuant to this act.� 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.� A person who violates
this subsection is liable for a fine of up to $1,000.
���� 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)
���� 5.��� Section 14 of P.L.1993,
c.249 (C.52:27D-419) is amended to read as follows:
���� 14.� If the county director or
his designee has reasonable cause to believe that a caretaker or other person
has committed a criminal act against a vulnerable adult including, but not
limited to, P.L.1989, c.23 (C.2C:24-8)
or section 1 of P.L.2015, c.186
(C.2C:24-7.1)
, he shall immediately report the information to local law
enforcement officials or the prosecutor of the county in which the alleged
criminal act was committed.� If the report is made orally, a written report
shall follow in a timely manner.
(cf: P.L.1993, c.249, s.14)�
���� 6.��� This act shall take
effect immediately.
STATEMENT
���� This bill provides for a
specific civil action by a disabled minor or disabled adult for injury
resulting from abuse, neglect, exploitation, or bullying.
���� The bill�s definition of
�disability� is the same as the definition set forth in the Law Against
Discrimination, P.L.1945, c.169 (C.10:5-1 et seq.): �physical or sensory
disability, infirmity, malformation, or disfigurement which is caused by bodily
injury, birth defect, or illness including epilepsy and other seizure
disorders, and which shall include, but not be limited to, any degree of
paralysis, amputation, lack of physical coordination, blindness or visual
impairment, deafness or hearing impairment, muteness or speech impairment, or
physical reliance on a service or guide dog, wheelchair, or other remedial
appliance or device, or any mental, psychological, or developmental disability,
including autism spectrum disorders, resulting from anatomical, psychological,
physiological, or neurological conditions which prevents the typical exercise
of any bodily or mental functions or is demonstrable, medically or
psychologically, by accepted clinical or laboratory diagnostic techniques.�
Disability shall also mean AIDS or HIV infection.�
���� Under the bill, every civil
action for an injury to a minor with a disability under the age of 18 where
such injury resulted from abuse, neglect, exploitation, or bullying and the
injury occurred prior to, on, or after the effective date of the bill would be
required to 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 is later.��� The bill
provides that every civil action for an injury to an adult with a disability
aged 18 or older where such injury resulted from abuse, neglect, exploitation,
or bullying that occurred prior to, on, or after the effective date of the bill
would be required to be commenced within seven years from the date of
reasonable discovery of the injury and its causal relationship to the act.
���� The bill also provides that
the bullying of a �vulnerable adult� may constitute grounds for an investigation
by adult protective services and a report to law enforcement for possible
criminal prosecution.
���� Under the �Adult Protective
Services Act,� P.L.1993, c.249 (C.52:27D-406 et seq.), 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 must report the information to
the county adult protective services provider.� Other persons with such
reasonable cause may report the information.
���� The act defines a "vulnerable
adult" as �a person 18 years of age or older who resides in a community
setting and who, because of a physical or mental illness, disability or
deficiency, lacks sufficient understanding or capacity to make, communicate, or
carry out decisions concerning his well-being and is the subject of abuse,
neglect or exploitation.��
���� Under the Adult Protective
Services Act, the county adult protective services provider must initiate an
investigation within 72 hours of a report.� If necessary, the provider may
petition a court for an order to conduct the investigation.� If the provider
finds reasonable cause to believe that the vulnerable adult has been the
subject of abuse, neglect or exploitation, the provider will determine the need
for protective services and arrange for such services. The director of a county
adult services provider may petition for a court order for services if he
determines that the vulnerable adult will incur a substantial risk of physical
harm or deterioration without protective services, and the adult refuses or is
unable to consent.
���� The act further provides that
if the county director or his designee has reasonable cause to believe that a
caretaker or other person has committed a criminal act against a vulnerable
adult, the director must immediately report the information to local law
enforcement officials or the county prosecutor.
���� This bill would add bullying
of a vulnerable adult as grounds for an investigation and report.� The bill
defines �bullying� as �any gesture, any written, verbal, or physical act, or
any electronic communication that causes a reasonable person to fear for his
safety or fear damage to his property.�� Under the bill, health care providers
and first responders would be required to report bullying, in addition to
abuse, neglect, or exploitation, and other persons could report such acts.
���� In addition, the bill adds to
the specific criminal acts that the county director is required to report to
law enforcement or the prosecutor a violation of section 1 of P.L.2015, c.186
(C.2C:24-7.1), Endangering Another Person.� Under this statute, creating a risk
of injury to another person is a criminal offense ranging from a disorderly
persons offense to a crime of the third degree, depending on the offender�s
criminal culpability and the degree of risk of injury to the victim.� If the
offense is committed against a person with a� developmental disability, the
criminal penalties are increased by one degree, so that they range from a crime
of the fourth degree to a crime of the second degree.
���� A crime of the second degree
is generally punishable by a term of five to 10 years or a fine up to $150,000,
or both; a crime of the third degree, by a term of three to five years or a
fine up to $15,000, or both; and a crime of the fourth degree, by a term up to
18 months or a fine up to $10,000, or both. A disorderly persons offense is
generally punishable by a term of imprisonment of up to six months or a fine of
up to $1,000, or both.