S 1270 changesEliminates statute of limitations for human trafficking and criminal sexual contact prosecutions and eliminates statute of limitations for civil cases arising from human trafficking.*

What changed

+190 / −85 words · LargeConfidence: high

This version expands the bill's scope from solely addressing human trafficking to also eliminating the statute of limitations for criminal sexual contact prosecutions under N.J.S.2C:14-3. The bill now fully eliminates—rather than extends—the statute of limitations for civil actions arising from human trafficking, removing the previous estoppel-based defense and allowing such actions to be commenced at any time. New provisions toll the limitations period during pending prosecutions and expand civil liability to parties who derive pecuniary benefits from or maintain victims of human trafficking with knowledge or reckless disregard. Notably, the bill removes N.J.S.2C:14-3 from the category of offenses against minors subject to an extended five-year limitations period after the victim turns 18, instead placing it in the category with no limitations period at all.

Change log

• PREAMBLE >cont.

  modifiedhigh confidence

  Removes statute of limitations estoppel defense and allows civil actions to be commenced at any time

  The bill removes language that prevented defendants from asserting statute of limitations defenses when they induced plaintiffs to delay filing through duress, threats, intimidation, manipulation, fraud, or other conduct. In its place, the bill adds language stating that such civil actions may be commenced at any time. This change eliminates the time bar for bringing these civil actions rather than merely estopping defendants from raising the defense in specific circumstances.

• PREAMBLE >cont.

  modifiedhigh confidence

  Technical/conforming change

  This section contains only technical markup changes showing draft versioning notation (indicated by "1 [ (1) ] 1" and "1 ["). The substantive provisions regarding civil actions for human trafficking, damage awards, attorney's fees, and statutes of limitation remain unchanged in their text. These markings appear to be legislative drafting annotations rather than substantive legal modifications.

• PREAMBLE >cont.

  modifiedhigh confidence

  Tolls limitation period during pending prosecutions and expands civil liability for human trafficking to include reckless disregard standard

  This section adds a new provision tolling the statute of limitations whenever a prosecution for the same conduct is pending in the state. It expands civil liability for human trafficking offenses to include parties who derive direct or indirect pecuniary benefits with knowledge or reckless disregard that the benefit came from human trafficking. Similarly, it extends liability to those who maintain victims with knowledge or reckless disregard that the person was a trafficking victim.

• PREAMBLE >cont.

  modifiedhigh confidence

  Removes N.J.S.2C:14-3 from statute of limitations exception for offenses against minors

  This section removes N.J.S.2C:14-3 (criminal sexual contact) from the list of offenses subject to an extended statute of limitations when the victim is under 18. Previously, prosecutions for both N.J.S.2C:14-3 and N.J.S.2C:24-4 offenses against minors had to commence within five years of the victim turning 18 or within two years of discovery, whichever is later. Now only N.J.S.2C:24-4 remains subject to this extended limitations period. The section also contains relocated explanatory notes and removes language about the tolling of limitations periods during pending prosecutions.

• PREAMBLE

  modifiedhigh confidence

  Bill scope expanded to include criminal sexual contact prosecutions and eliminate (not extend) civil statute of limitations

  The bill's synopsis now states it eliminates the statute of limitations for both human trafficking and criminal sexual contact prosecutions, whereas previously it only addressed human trafficking. The synopsis also now states the bill eliminates the statute of limitations for civil cases arising from human trafficking, whereas previously it stated the bill extends those limitations. The bill text adds N.J.S.2C:14-3 (criminal sexual contact) to the list of offenses for which prosecution may be commenced at any time.