Sponsored by:
Assemblyman PETER J. BARNES, III
District 18 (Middlesex)
Co-Sponsored by:
Assemblyman Caputo
SYNOPSIS
Creates a civil cause of action for stalking.
CURRENT VERSION OF TEXT
As reported by the Assembly Judiciary Committee on November 28, 2011, with amendments.
An Act concerning a civil cause of action for stalking 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. Civil action for stalking.
A victim has a civil cause of action against an individual who engaged in conduct that is prohibited under P.L.1992, c.209 (C.2C:12-10), whether or not the individual has been charged or convicted for the alleged violation, for damages incurred by the victim as a result of that conduct, in addition to the costs 1, including attorney fees,1 for bringing the action. If compensatory damages are awarded, a victim may also be awarded punitive damages.
As used in this act:
"Compensatory damages" includes damages for all of the defendant's acts prohibited by P.L.1992, c.209 (C.2C:12-10).
"Victim" means a person who, as a result of the conduct of the defendant that is prohibited under P.L.1992, c.209 (C.2C:12-10), was placed in reasonable fear for his own personal safety or for the safety of a minor child of whom the person is a parent or legal guardian.
No action shall be commenced under this section beyond the applicable personal injury statute of limitations after the most recent conduct prohibited under P.L.1992, c.209 (C.2C:12-10).
2. This act shall take effect immediately.