Clarifies protections and remedies under New Jersey Civil Rights Act; establishes certain aggravating factors regarding award of punitive damages.

S4207

SENATE, No. 4207

STATE OF NEW JERSEY

222nd LEGISLATURE

�

INTRODUCED MAY 11, 2026

Sponsored by:

Senator� RAJ MUKHERJI

District 32 (Hudson)

Co-Sponsored by:

Senator Greenstein

SYNOPSIS

���� Clarifies protections and remedies under New Jersey
Civil Rights Act; establishes certain aggravating factors regarding award of
punitive damages.

CURRENT VERSION OF TEXT

���� As introduced.

��

An Act
concerning the New Jersey Civil Rights Act,
supplementing Title 10 of the Revised Statutes, and amending P.L.2004, c.143.�

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

���� 1.��� (New section)� The
Legislature finds and declares that:

���� a.���� The New Jersey Civil
Rights Act, enacted by P.L.2004, c.143 (C.10:6-1 et seq.), authorizes
individuals to pursue a civil action for monetary damages and other relief when
their constitutional rights are violated by a private person or any federal or
State government official acting under color of law. �

���� b.��� Current federal law,
including the principal federal civil rights statute, 42 U.S.C. s.1983, and
judicial precedent, does not provide individuals with adequate civil remedies
for violations of their constitutional rights.�

���� c.���� Due to limitations on
who may be liable, barriers imposed by various immunity doctrines, and
inadequate remedies, federal law significantly limits the extent to which an
individual can obtain redress for constitutional violations.

���� d.��� Pursuant to the police
powers reserved to the states by the Tenth Amendment of the United States
Constitution, New Jersey has the constitutional authority to enact legislation
to protect the health, safety, and welfare of individuals within its jurisdiction.
�

���� e.���� While the federal civil
rights statute, 42 U.S.C. s.1983, has provided an important guide for federal
and State courts in applying the New Jersey Civil Rights Act, State remedies
for constitutional harms need not be subject to its limitations.�

���� f.���� Therefore, consistent
with the State�s strong commitment to safeguarding individual rights, it is fitting
and proper to amend the New Jersey Civil Rights Act to clarify the scope of
protections and remedies it affords and to guide federal and State courts in
interpreting its provisions in a manner consistent with the State�s public
policy.�

���� 2.��� Section 2 of P.L.2004,
c.143 (C.10:6-2) shall be amended to read as follows:

���� 2. a. If a person, whether or
not acting under color of law
of the United States or of any state,
territory, or the District of Columbia
, subjects or causes to be subjected
any other person to the deprivation of any
[
substantive
due process or equal protection
]

rights, privileges
,
or immunities secured by the Constitution or laws of
the United States, or any
[
substantive
]
rights,
privileges
,
or immunities secured by the Constitution or laws of this
State, the Attorney General may bring a civil action for damages and for
injunctive
, declaratory,
or other appropriate relief.� The civil action
shall be brought in the name of the State and may be brought on behalf of the
injured party. �If the Attorney General proceeds with and prevails in an action
brought pursuant to this subsection, the court shall order the distribution of
any award of damages to the injured party and shall award reasonable attorney's
fees and costs to the Attorney General.� The penalty provided in
paragraph (1)
of
subsection e. of this section shall be applicable to a violation of this
subsection.

���� b.��� If a person, whether or
not acting under color of law
of the United States or of any state,
territory, or the District of Columbia
, interferes or attempts to interfere

[
by
threats, intimidation or coercion
]

with the exercise or enjoyment by any other person of any
[
substantive
due process or equal protection
]

rights, privileges
,
or immunities secured by the Constitution or laws of
the United States, or any
[
substantive
]
rights,
privileges
,
or immunities secured by the Constitution or laws of this
State, the Attorney General may bring a civil action for damages and for
injunctive
, declaratory,
or other appropriate relief.� The civil action
shall be brought in the name of the State and may be brought on behalf of the
injured party.� If the Attorney General proceeds with and prevails in an action
brought pursuant to this subsection, the court shall order the distribution of
any award of damages to the injured party and shall award reasonable attorney's
fees and costs to the Attorney General.� The penalty provided in
paragraph
(1) of
subsection e. of this section shall be applicable to a violation of
this subsection.

���� c.���� Any person who has been
deprived
, by a person acting under color of law of the United States or of any
state, territory, or the District of Columbia,
of
[
any
substantive due process or equal protection
]

any
rights, privileges
,
or immunities secured by the Constitution
or laws of the United States, or any
[
substantive
]
rights,
privileges
,
or immunities secured by the Constitution or laws of this
State, or whose exercise or enjoyment of those
[
substantive
]
rights,
privileges
,
or immunities has been interfered with or attempted to be
interfered with
[
,
by threats, intimidation or coercion
]

by a person acting under color of law
of the United States or any state, territory,
or the District of Columbia
, may bring a civil action for damages and for
injunctive
, declaratory,
or other appropriate relief.� The penalty
provided in
paragraph (1) of
subsection e. of this section shall be
applicable to a violation of this subsection.

���� d.��� An action brought
pursuant to
[
this
act
]

P.L.��
, c.��� (C.��� ) (pending before the Legislature as this bill)
may be filed
in Superior Court.� Upon application of any party, a jury trial shall be
directed.

���� e.����
(1)
� Any person
who deprives, interferes
,
or attempts to interfere by threats,
intimidation
,
or coercion with the exercise or enjoyment by any other
person of any
[
substantive
due process or equal protection
]

rights, privileges
,
or immunities secured by the Constitution or laws of
the United States, or any
[
substantive
]
rights,
privileges
,
or immunities secured by the Constitution or laws of this
State
,
is liable for a civil penalty for each violation.� The court or
jury, as the case may be, shall determine the appropriate amount of the
penalty.� Any money collected by the court in payment of a civil penalty shall
be conveyed to the State Treasurer for deposit into the State General Fund.

����
(2)�� In any action brought
pursuant to P.L.�� , c.��� (C.��� ) (pending before the Legislature as this
bill), if the court or jury, as the case may be, determines that punitive
damages should be awarded, the court or jury, in determining the amount of
punitive damages, shall consider all relevant aggravating factors existing at
the time of the violation including, but not limited to, the following:

����
(a)�� whether the person
wore a facial covering;

����
(b)�� whether the person
was a law enforcement officer who failed to identify or disclose the person�s
identity as a law enforcement officer either verbally or by wearing identifying
insignia, such as a badge, agency logo, or patch, or by providing the person�s
name, badge or identification number, and employing agency or department;

����
(c)�� whether the person
was a law enforcement officer who failed to use a body-worn camera as required by,
or consistent with, applicable federal or State law, regulation, or agency
policy;

����
(d)�� whether the person
was operating or using a motor vehicle without a license plate or with a
license plate that was fully or partially obscured;

����
(e)�� whether the person
used crowd control equipment; or

����
(f) whether at the time of
the violation of P.L.�� , c.��� (C.��� ) (pending before the Legislature as
this bill), the person violated or failed to comply with a material term or
condition of a court order, or consent decree issued by a court, that was
applicable to the person acting under color of law.�

���� f.���� In addition to any
damages, civil penalty, injunction
, declarative,
or other appropriate
relief awarded in an action brought pursuant to subsection c. of this section,
the court
[
may
]

shall
award
the prevailing
[
party
]

plaintiff

reasonable attorney's fees and costs.

����
g.��� Qualified immunity
and other judicially established or State statutory immunities shall not apply
to claims brought pursuant to P.L.�� , c.��� (C.��� ) (pending before the
Legislature as this bill).�

����
h.��� Consistent with the
State�s interest in providing broad protections for individual rights, the
interpretation of P.L.�� , c.��� (C. ) (pending before
the Legislature as this bill), and the application of its substantive and
procedural requirements, shall not be limited by the interpretation of parallel
provisions of 42 U.S.C. s.1983.� When considering any matter or issue arising
under P.L.�� , c.��� (C.��� ) (pending before the Legislature as this bill) including,
but not limited to, jurisdiction, discovery, procedure, admissibility of
evidence, or remedies, a court shall exercise its discretion to effectuate the
State�s public policy of affording the broad enjoyment of civil rights secured
by the Constitution of the United States and the Constitution of the State of
New Jersey, while considering relevant equitable factors.

����
i.���� For purposes of this
section:

����
�Crowd control equipment�
means any equipment or device designed to control or disperse a person including,
but not limited to, kinetic impact projectiles; compressed-air launchers, such
as the FN 303; pneumatic projectile launchers; oleoresin capsicum spray, CS
gas, CN gas, or other chemical irritants; 40-millimeter munitions launchers;
less-lethal shotguns; less-lethal ammunition as defined in N.J.S.2C:3-11; specialty
impact-chemical munitions; controlled noise and light distraction devices; and
electronic control weapons.�

����
�Facial covering� means any
opaque mask, garment, helmet, headgear, or other item that conceals or obscures
a person�s facial identity including, but not limited to, a balaclava, tactical
mask, gaiter mask, ski mask, or any similar facial covering or face-shielding
item. ��Facial covering� shall not include a medical-grade mask designed to
prevent the transmission of diseases; a facial covering designed to protect
against exposure to smoke during a declared State of Emergency related to
wildfires; or protective gear used by Special Weapons and Tactics (SWAT) team
officers that is necessary to protect them from harm while performing SWAT
responsibilities.�

����
�Prevailing plaintiff�
means any person who, on a claim brought pursuant to P.L.�� , c.��� (C.��� )
(pending before the Legislature as this bill), obtains some or all of the
relief sought through a judgment entered by the court, a settlement agreement
approved by the court; or an interlocutory order entered by the court; whether
or not the court reaches a final judgement, provided that the interlocutory
order is not reversed on appeal; or any person whose nonfrivolous claim brought
pursuant to P.L.�� , c.� ��(C.��� ) (pending before the Legislature as this
bill) was a catalyst for a unilateral change in position by the opposing party
relative to the relief sought.

(cf: P.L.2004, c.143, s.2)

���� 3.��� This act shall take
effect immediately and shall apply retroactively to January 1, 2025, provided
that, for any claim for a violation of the United States Constitution that
occurred between January 1, 2025, and the effective date of this act, the only
monetary damages that shall be available pursuant to this act for that
violation are compensatory damages.

STATEMENT

���� This bill clarifies the scope
of protections and remedies available under the New Jersey Civil Rights Act,
P.L.2004, c.142 (C.10:6-1 et seq.), and establishes certain aggravating factors
to be considered when determining an award of punitive damages.�

���� Under the bill, when
determining the amount of punitive damages awarded in any action brought under
the act, the court or jury is required to consider all relevant aggravating
factors existing at the time of the violation including, but not limited to,
the following:

���� (1)�� whether the person wore
a facial covering;

���� (2)�� whether the person was a
law enforcement officer who failed to identify or disclose their identity as a
law enforcement officer or wear identifying insignia;

���� (3)�� whether the person was a
law enforcement officer who failed to use a body-worn camera as required by, or
consistent with, applicable federal or State law, regulation, or agency policy;

���� (4)�� whether the person was
operating or using a motor vehicle without a license plate or with a license
plate that was fully or partially obscured;

���� (5)�� whether the person used
crowd control equipment; or

���� (6) at the time of the
violation, the person violated or failed to comply with a court order, or
consent decree issued by a court, that was applicable to the person acting
under color of law.�

���� In addition, the bill provides
that qualified immunity and other judicially established or State statutory
immunities do not apply to claims brought under the New Jersey Civil Rights Act.
�The bill instructs courts not to limit their interpretation of the act by
reference to parallel provisions in the federal civil rights statute, 42 U.S.C.
s.1983. �When considering any matter or issue arising under the act, the bill
requires courts to exercise their discretion to effectuate the State�s public
policy of affording the broad enjoyment of civil rights secured by the
Constitution of the United States and the Constitution of the State of New
Jersey, while considering relevant equitable factors.

���� The bill is to take effect
immediately and apply retroactively to January 1, 2025, provided that, for any
claim for a violation of the United States Constitution occurring between
January 1, 2025, and the effective date of this act, the only monetary damages
available for a violation of this act are compensatory damages.