Sponsored by:
Assemblywoman VERLINA REYNOLDS-JACKSON
District 15 (Hunterdon and Mercer)
Assemblywoman LINDA S. CARTER
District 22 (Somerset and Union)
Assemblywoman TENNILLE R. MCCOY
District 14 (Mercer and Middlesex)
Co-Sponsored by:
Assemblyman Scharfenberger, Assemblywoman Haider, Assemblyman Kennedy, Assemblywomen Sweeney, Brennan, Dunn, Assemblymen Bergen, Kearney, Bhalla, Assemblywomen Speight, Donlon, Peterpaul, Assemblyman Venezia, Assemblywomen Lopez, Kane, Flynn, Assemblyman Clifton, Assemblywomen Simmons, Fantasia, Assemblymen Hutchison and Inganamort
SYNOPSIS
Expands criminal and civil penalties for human trafficking, and expands human trafficking training requirements for law enforcement.
CURRENT VERSION OF TEXT
As reported by the Assembly Judiciary Committee on October 15, 2026, with amendments.
An Act concerning human trafficking, amending and supplementing various parts of the statutory law, 1and1 repealing section 11 of P.L.2013, c.51 1[, and making an appropriation]1.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 1 P.L.1959, c.90 (2A:53A-7) is amended to read as follows:
1. a. No nonprofit corporation, society or association organized exclusively for religious, charitable or educational purposes or its trustees, directors, officers, employees, agents, servants or volunteers shall, except as is hereinafter set forth, be liable to respond in damages to any person who shall suffer damage from the negligence of any agent or servant of such corporation, society or association, where such person is a beneficiary, to whatever degree, of the works of such nonprofit corporation, society or association; provided, however, that such immunity from liability shall not extend to any person who shall suffer damage from the negligence of such corporation, society, or association or of its agents or servants where such person is one unconcerned in and unrelated to and outside of the benefactions of such corporation, society or association.
Nothing in this subsection shall be deemed to grant immunity to any health care provider, in the practice of his profession, who is a compensated employee, agent or servant of any nonprofit corporation, society or association organized exclusively for religious, charitable or educational purposes.
b. No nonprofit corporation, society or association organized exclusively for hospital purposes or its trustees, directors, officers or volunteers shall, except as is hereinafter set forth, be liable to respond in damages to any person who shall suffer damage from the negligence of any agent or servant of such corporation, society or association, where such person is a beneficiary, to whatever degree, of the works of such nonprofit corporation, society or association; provided, however, that such immunity from liability shall not extend to any person who shall suffer damage from the negligence of such corporation, society, or association or of its agents or servants where such person is one unconcerned in and unrelated to and outside of the benefactions of such corporation, society or association; but nothing herein contained shall be deemed to exempt the agent, employee or servant individually from their liability for any such negligence.
c. Nothing in this section shall be deemed to grant immunity to: (1) any nonprofit corporation, society or association organized exclusively for religious, charitable, educational or hospital purposes, or its trustee, director, officer, employee, agent, servant or volunteer, causing damage by a willful, wanton or grossly negligent act of commission or omission, including sexual assault, any other crime of a sexual nature, a prohibited sexual act as defined in section 2 of P.L.1992, c.7 (C.2A:30B-2), [or] sexual abuse as defined in section 1 of P.L.1992, c.109 (C.2A:61B-1), a human trafficking offense pursuant to section 1 of P.L.2005, c.77(C.2C:13-8) or section 5 of P.L.2013, c.51 (C.2C:13-9), or advertising commercial sexual abuse of a minor pursuant to subsection b. of section 12 of P.L.2013, c.51 (C.2C:13-10) ;
(2) any trustee, director, officer, employee, agent, servant or volunteer causing damage as the result of the negligent operation of a motor vehicle; or
(3) an independent contractor of a nonprofit corporation, society or association organized exclusively for religious, charitable, educational or hospital purposes.
(cf: P.L.2019, c.120, s.5)
1[2. Section 1 of P.L.1985, c.126 (C.2A:84A-32.4) is amended to read as follows:
1. a. (1) In prosecutions for aggravated sexual assault, sexual assault, aggravated criminal sexual contact, criminal sexual contact, human trafficking [involving sexual activity], a crime involving domestic violence as defined in section 3 of P.L.1991, c.261 (C.2C:25-19), endangering the welfare of a child pursuant to N.J.S.2C:24-4, abuse or neglect of a child pursuant to R.S.9:6-3, or in any action alleging an abused or neglected child under P.L.1974, c.119 (C.9:6-8.21 et seq.), the court may, on motion and after conducting a hearing in camera, or in the court’s discretion, order the taking of the testimony of a victim or witness on closed circuit television at the trial, out of the view of the jury, defendant, or spectators upon making findings as provided in subsection b. of this section.
(2) In granting such an order, the court shall assure that:
(a) the victim or witness will testify under oath;
(b) the victim or witness will submit to cross-examination by the defendant's attorney; and
(c) the defendant, jury, and judge will be permitted to observe the demeanor of the victim or witness when making testimonial statements using closed circuit television.
b. An order under this section may be made only if the court determines by clear and convincing evidence that there is a substantial likelihood that the victim or witness would suffer severe emotional or mental distress if required to testify in the presence of spectators, the defendant, the jury, or all of them. The order shall be specific as to whether the victim or witness will testify outside the presence of spectators, the defendant, the jury, or all of them and shall be based on specific findings relating to the impact of the presence of each.
c. A motion seeking closed circuit testimony under subsection a. of this section may be filed by:
(1) The victim or witness or, in the case of a victim or witness who is under the age of 18, the victim's or witness's attorney, parent or legal guardian;
(2) The prosecutor; [or]
(3) The defendant or the defendant's counsel;
(4) The court on its own motion.
d. The defendant's counsel shall be present in the same room as the victim or witness at the taking of testimony on closed circuit television. The defendant and the defendant's attorney shall be able to confer privately with each other during the testimony by a separate audio system.
e. If testimony is taken on closed circuit television pursuant to the provisions of this section, the video portion of the testimony shall not be recorded and shall not constitute part of the record on appeal. All audio transmissions, except private conversations between the defendant and the defendant's attorney, shall be recorded and thereafter shall be subject to the following provisions:
(1) If the victim or witness is 18 years of age or older at the time of the court proceedings, any recording of the audio portion of the closed circuit testimony shall constitute part of the record on appeal, unless the court orders otherwise for good cause shown upon motion of the parties.
(2) If the victim or witness is under the age of 18 at the time of the court proceedings, any recording of the audio portion of the closed circuit testimony shall not constitute part of the record on appeal and shall be deemed confidential and not available to the public, unless the court orders otherwise for good cause shown upon motion of the parties. In making the determination regarding the availability of the audio portion of the testimony, the court shall consider potential trauma or stigma to the victim or witness. A transcript of the audio portion of the closed circuit testimony shall constitute part of the record on appeal, subject to any personal identification safeguards contained in section 1 of P.L.1989, c.336 (C.2A:82-46).
f. For purposes of this section, "closed circuit television" means any closed-circuit, videoconferencing or other audio-visual electronic technology capable of producing a simultaneous, one-way broadcast from a victim or witness to a defendant in a separate physical location. The technology shall allow for the live observation of the victim or witness by the defendant, jury, and judge during the course of testimony or cross-examination, while excluding a victim or witness from directly hearing or viewing the defendant during the proceedings.
(cf: P.L.2017, c.205, s.1)]1
1[3.] 2.1 Section 8 of P.L.1968, c.409 (C.2A:156A-8) is amended to read as follows:
8. The Attorney General, county prosecutor or a person designated to act for such an official and to perform his duties in and during his actual absence or disability, may authorize, in writing, an ex parte application to a judge designated to receive the same for an order authorizing the interception of a wire, or electronic or oral communication by the investigative or law enforcement officers or agency having responsibility for an investigation when such interception may provide evidence of the commission of the offense of murder, kidnapping, gambling, robbery, bribery, a violation of paragraph (1) or (2) of subsection b. of N.J.S.2C:12-1, 1[a violation of stalking pursuant to section 1 of P.L.1992, c.209 (C.2C:12-10),]1 luring or enticing a child pursuant to section 1 of P.L.1993, c.291 (C.2C:13-6), a human trafficking offense pursuant to section 1 of 1[L.2005] P.L.20051 , C.77 (C.2C:13-8) or section 5 of P.L.2013, c.51 (C.2C:13-9), advertising commercial sexual abuse of a minor pursuant to section 12 of P.L.2013, c.51 (C.2C:13-10), a violation of section 3 of P.L.1997, c.353 (C.2C:21-4.3), a violation of 1subsection a. of1 N.J.S.2C:21-17 1when charged as a second degree offense1 , a violation of N.J.S.2C:21-19 punishable by imprisonment for more than one year, a violation of P.L.1994, c.121 (C.2C:21-23 et seq.), a violation of sections 1 through 5 of P.L.2002, c.26 (C.2C:38-1 through C.2C:38-5), a violation of N.J.S.2C:33-3, a violation of N.J.S.2C:17-2, a violation of sections 1 through 3 of P.L.1983, c.480 (C.2C:17-7 through 2C:17-9), a violation of N.J.S.2C:12-3 (terroristic threats), 1[a third or fourth degree crime of cyber-harassment pursuant to subsection b. of section 1 of P.L.2013, c.272 (C.2C:33-4.1),]1 violations of N.J.S.2C:35-3, N.J.S.2C:35-4 and N.J.S.2C:35-5, violations of sections 112 through 116, inclusive, of the "Casino Control Act," P.L.1977, c.110 (C.5:12-112 through 5:12-116), a violation of section 1 of P.L.2005, c.77 (C.2C:13-8), a violation of N.J.S.2C:34-1 punishable by imprisonment for more than one year, arson, burglary, theft and related offenses punishable by imprisonment for more than one year, [endangering the welfare of a child pursuant to] a violation of N.J.S.2C:24-4, escape, forgery and fraudulent practices punishable by imprisonment for more than one year, alteration of motor vehicle identification numbers, unlawful manufacture, purchase, use, or transfer of firearms, unlawful possession or use of destructive devices or explosives, weapons training for illegal activities pursuant to section 1 of P.L.1983, c.229 (C.2C:39-14), racketeering or a violation of subsection g. of N.J.S.2C:5-2, leader of organized crime, organized criminal activity directed toward the unlawful transportation, storage, disposal, discharge, release, abandonment or disposition of any harmful, hazardous, toxic, destructive, or polluting substance, or any conspiracy to commit any of the foregoing offenses or which may provide evidence aiding in the apprehension of the perpetrator or perpetrators of any of the foregoing offenses.
(cf: P.L.2013, c.51, s.14)
1[4. N.J.S.2C:1-6 is amended to read as follows:
2C:1-6. Time Limitations. a. (1) A prosecution for any offense, or a conspiracy to commit any offense, set forth in N.J.S.2C:11-3, N.J.S.2C:11-4, section 1 of P.L.2005, c.77 (C.2C:13-8), section 5 of P.L.2013, c.51 (C.2C:13-9), section 12 of P.L.2013, c.51 (C.2C:13-10), N.J.S.2C:14-2, N.J.S.2C:14-3, or sections 1 through 5 of P.L.2002, c.26 (C.2C:38-1 through C.2C:38-5) may be commenced at any time.
(2) A prosecution for any offense set forth in N.J.S.2C:17-2, section 9 of P.L.1970, c.39 (C.13:1E-9), section 20 of P.L.1989, c.34 (C.13:1E-48.20), section 19 of P.L.1954, c.212 (C.26:2C-19), section 10 of P.L.1984, c.173 (C.34:5A-41), or section 10 of P.L.1977, c.74 (C.58:10A-10) may be commenced at any time.
b. Except as otherwise provided in this section, prosecutions for other offenses are subject to the following periods of limitations:
(1) A prosecution for a crime must be commenced within five years after it is committed;
(2) A prosecution for a disorderly persons offense or petty disorderly persons offense must be commenced within one year after it is committed;
(3) A prosecution for any offense set forth in N.J.S.2C:27-2, N.J.S.2C:27-4, N.J.S.2C:27-6, N.J.S.2C:27-7, N.J.S.2C:29-4, N.J.S.2C:30-2, N.J.S.2C:30-3, or any attempt or conspiracy to commit such an offense, must be commenced within seven years after the commission of the offense;
(4) A prosecution for an offense set forth in [N.J.S.2C:14-3 or] N.J.S.2C:24-4, when the victim at the time of the offense is below the age of 18 years, must be commenced within five years of the victim's attaining the age of 18 or within two years of the discovery of the offense by the victim, whichever is later;
(5) (Deleted by amendment, P.L.2007, c.131).
c. An offense is committed either when every element occurs or, if a legislative purpose to prohibit a continuing course of conduct plainly appears, at the time when the course of conduct or the defendant's complicity therein is terminated. Time starts to run on the day after the offense is committed, except that when the prosecution is supported by physical evidence that identifies the actor by means of DNA testing or fingerprint analysis, time does not start to run until the State is in possession of both the physical evidence and the DNA or fingerprint evidence necessary to establish the identification of the actor by means of comparison to the physical evidence.
d. A prosecution is commenced for a crime when an indictment is found and for a nonindictable offense when a warrant or other process is issued, provided that such warrant or process is executed without unreasonable delay. Nothing contained in this section, however, shall be deemed to prohibit the downgrading of an offense at any time if the prosecution of the greater offense was commenced within the statute of limitations applicable to the greater offense.
e. The period of limitation does not run during any time when a prosecution against the accused for the same conduct is pending in this State.
f. The limitations in this section shall not apply to any person fleeing from justice.
g. Except as otherwise provided in this code, no civil action shall be brought pursuant to this code more than five years after such action accrues.
(cf: P.L.2007, c.131, s.1)]1
1[5.] 3.1 N.J.S.2C:5-4 is amended to read as follows:
2C:5-4. Grading of Criminal Attempt and Conspiracy; Mitigation in Cases of Lesser Danger. a. Grading. Except as provided in subsections c., d., and e., an attempt or conspiracy to commit a crime of the first degree is a crime of the second degree; except that an attempt or conspiracy to commit murder or terrorism is a crime of the first degree, provided, however, that if the person attempted or conspired to murder five or more persons, the person shall be sentenced by the court to a term of 30 years, during which the person shall not be eligible for parole, or to a specific term of years which shall be between 30 years and life imprisonment, of which the person shall serve not less than 30 years before eligibility for parole. Otherwise an attempt is a crime of the same degree as the most serious crime which is attempted, and conspiracy is a crime of the same degree as the most serious crime which is the object of the conspiracy; provided that, leader of organized crime is a crime of the second degree. An attempt or conspiracy to commit an offense defined by a statute outside the code shall be graded as a crime of the same degree as the offense is graded pursuant to N.J.S.2C:1-4 and N.J.S.2C:43-1.
b. Mitigation. The court may impose sentence for a crime of a lower grade or degree if neither the particular conduct charged nor the defendant presents a public danger warranting the grading provided for such crime under subsection a. because:
(1) The criminal attempt or conspiracy charged is so inherently unlikely to result or culminate in the commission of a crime; or
(2) The conspiracy, as to the particular defendant charged, is so peripherally related to the main unlawful enterprise.
c. Notwithstanding the provisions of subsection a. of this section, conspiracy to commit a crime set forth in subsection a., b., or d. of N.J.S.2C:17-1 where the structure which was the target of the crime was a church, synagogue, temple or other place of public worship is a crime of the first degree.
d. Notwithstanding the provisions of subsection a. of this section, conspiracy to commit a crime as set forth in P.L.1994, c.121 (C.2C:21-23 et seq.) is a crime of the same degree as the most serious crime that was conspired to be committed.
e. Notwithstanding the provisions of subsection a. of this section, an attempt or conspiracy to commit a crime of human trafficking as set forth in section 1 of P.L.2005, c.77 (C.2C:13-8) is a crime of the first degree.
(cf: P.L.2013, c.51, s.6)
1[6.] 4.1 Section 1 of P.L.2005, c.77 (C.2C:13-8) is amended to read as follows:
1. Human trafficking. a. A person commits the crime of human trafficking if 1[he] the person1 :
(1) knowingly holds, recruits, lures, entices, harbors, transports, provides or obtains, by any means, another 1person who is at least 18 years of age1 , to engage in sexual activity as defined in paragraph (2) of subsection a. of N.J.S.2C:34-1 or to provide labor or services:
(a) by causing or threatening to cause serious bodily harm or physical restraint against the person or any other person;
(b) by means of any scheme, plan, or pattern intended to cause the person to believe that the person or any other person would suffer serious bodily harm or physical restraint;
(c) by committing a violation of N.J.S.2C:13-5 against the person;
(d) by destroying, concealing, removing, confiscating, or possessing any passport, immigration-related document as defined in section 1 of P.L.1997, c.1 (C.2C:21-31), or other document issued by a governmental agency to any person which could be used as a means of verifying the person's identity or age or any other personal identifying information;
(e) by means of the abuse or threatened abuse of the law or legal process;
(f) by means of fraud, deceit, or misrepresentation against the person; or
(g) by facilitating access to a controlled dangerous substance or controlled substance analog as set forth in chapter 35 of Title 2C of the New Jersey Statutes; or
(2) 1knowingly1 receives anything of value, including non-monetary items, or benefits financially from participation [as an organizer, supervisor, financier or manager] in a scheme or course of conduct which 1the person knows or should have known1 violates paragraph (1) 1[or] ,1 (3) 1, or (4)1 of this subsection; 1[or]1
(3) knowingly holds, recruits, lures, entices, harbors, transports, provides or obtains, by any means, a child under 18 years of age, to engage in sexual activity as defined in paragraph (2) of subsection a. of N.J.S.2C:34-1 1[or to provide labor or services]1 , whether or not the actor mistakenly believed that the child was 18 years of age or older, even if that mistaken belief was reasonable 1; or
(4) knowingly holds, recruits, lures, entices, harbors, transports, provides, or obtains, by any of the means enumerated in subparagraphs (a) through (g) of paragraph (1) of this subsection, a child under 18 years of age to provide labor or services, whether or not the actor mistakenly believed that the child was 18 years of age or older, even if that mistaken belief was reasonable1 .
b. An offense under this section constitutes a crime of the first degree.
c. 1[(1)]1 It is an affirmative defense to prosecution for a violation of this section that, during the time of the alleged commission of the offense of human trafficking created by this section, the defendant was a victim of human trafficking.
1[(2) With regard to the court’s consideration of relevant evidence related to the prosecution of a human trafficking offense, pursuant to Rule 903 of the Rules of Evidence, authentication of the following types of evidence may be made by certification of the records custodian or authorized representative of the financial institution, remote computing service, print media or electronic communication provider, or other provider:
(a) advertisements published or disseminated in electronic or print form;
(b) financial institution records; and
(c) records related to the provision of remote computing services or electronic communication services;
Upon the request of either party, in lieu of a certification, the court may authorize a representative of a financial institution, remote computing service, print media or electronic communication provider, or other provider to testify in a video or remote format concerning the admissibility of evidence pursuant to this paragraph.]1
d. (1) Notwithstanding the provisions of N.J.S.2C:43-6, the term of imprisonment imposed for a crime, or an attempt or conspiracy to commit a crime, of the first degree under [paragraph (2) or (3) of subsection a. of] 1paragraph (2), (3), or (4) of subsection a. of1 this section shall be either a term of 20 years during which the actor shall not be eligible for parole, or a specific term between 20 years and life imprisonment, of which the actor shall serve 20 years before being eligible for parole. Notwithstanding the provisions of N.J.S.2C:43-3, the sentence for a conviction for a crime of the first degree under this section shall include a fine in an amount of not less than $25,000, which shall be collected as provided for the collection of fines and restitutions in section 3 of P.L.1979, c.396 (C.2C:46-4) and forwarded to the Department of the Treasury to be deposited in the "Human Trafficking Survivor's Assistance Fund" established by section 2 of P.L.2013, c.51 (C.52:17B-238).
(2) A prosecutor, in consideration of the interests of the victim, may offer a negotiated plea agreement in which the defendant would be sentenced to a specific term of imprisonment that is not less than 10 years, during which the defendant shall not be eligible for parole. In making such an offer, the prosecutor shall provide, in writing, specific reasons explaining the decision to enter into such an agreement. The court may accept a negotiated plea pursuant to this paragraph and, upon conviction, impose the term of imprisonment and period of parole ineligibility provided in the plea agreement. The court shall not impose a sentence that is less than the term provided in the plea agreement.
The Attorney General shall develop guidelines to ensure the uniform exercise of discretion in making determinations regarding a negotiated reduction in the term of imprisonment and period of parole ineligibility pursuant to this paragraph.
1Unless otherwise provided in guidelines established by the Attorney General, nothing contained in this paragraph shall be construed to alter or limit the authority or discretion of the prosecutor to enter into any plea agreement which the prosecutor deems appropriate.1
e. In addition to mandatory restitution pursuant to 1[section 8] section 51 of P.L. , c. (C. ) (pending before the Legislature as this bill) or any other disposition authorized by law, any person who violates the provisions of this section shall be ordered to make restitution to any victim. The court shall award to the victim restitution which is the greater of:
(1) the gross income or value to the defendant of the victim's labor or services; or
(2) the value of the victim's labor or services as determined by the "New Jersey Prevailing Wage Act," P.L.1963, c.150 (C.34:11-56.25 et seq.), the "New Jersey State Wage and Hour Law," P.L.1966, c.113 (C.34:11-56a et seq.), the Seasonal Farm Labor Act, P.L.1945, c.71 (C.34:9A-1 et seq.), the laws concerning the regulation of child labor in chapter 2 of Title 34 of the Revised Statutes, or any other applicable State law, and the "Fair Labor Standards Act of 1938," 29 U.S.C. s.201 et seq., or any other applicable federal law.
1f. With regard to the court’s consideration of relevant evidence related to the prosecution of a human trafficking offense under section 1 of P.L.2005, c.77 (C.2C:13-8), section 5 of P.L.2013, c.51 (2C:13-9), or section 12 of P.L.2013, c.51 (C.2C:13-10), pursuant to Rule 903 of the Rules of Evidence, authentication of the following types of evidence may be made by certification of the records custodian or authorized representative of the financial institution, remote computing service, print media or electronic communication provider, or other provider:
(1) advertisements published or disseminated in electronic or print form;
(2) financial institution records; and
(3) records related to the provision of remote computing services or electronic communication services;
Upon the request of either party, in lieu of a certification, the court may authorize a representative of a financial institution, remote computing service, print media or electronic communication provider, or other provider to testify in a video or remote format concerning the admissibility of evidence pursuant to this subsection.1
(cf: P.L.2013, c.51, s.3)
1[7. (New section) a. The county prosecutor's office in each county shall establish a Human Trafficking Response Team or shall enter into a collaborative agreement with another county to share the services of that county's response team. The county prosecutor shall ensure that each response team is comprised of the following:
(1) a law enforcement officer;
(2) at least one health care professional with experience in mental health care and substance use disorder treatment;
(3) a person with experience in the investigation of human trafficking violations by the Department of Labor and Workforce Development, the Division of Child Protection and Permanency in the Department of Children and Families, or the Institutional Abuse Investigation Unit in the Department of Children and Families; and
(4) in counties in which a child advocacy center or multidisciplinary team has been established pursuant to section 5 of P.L.2017, c.90 (C. 9:6-8.111), a representative of the child advocacy center or multidisciplinary team.
b. The Attorney General shall:
(1) establish a State Human Trafficking Response Team that consists of the same members as provided in paragraphs (1) through (4) of subsection a. of this section; or
(2) attend a county response team meeting as it relates to cases within that county that are prosecuted by the Department of Law and Public Safety.
c. In response to a report of human trafficking at the request of a victim of human trafficking, or a report of suspected human trafficking, in accordance with guidelines established by the Attorney General pursuant to section 23 of P.L. , c. (C. ) (pending before the Legislature as this bill), the response team shall:
(1) facilitate the investigation, management, and disposition of the report;
(2) provide treatment, counseling, legal, and forensic medical services to a victim of human trafficking in accordance with the standard protocols developed by the Attorney General pursuant to section 23 of P.L. , c. (C. ) (pending before the Legislature as this bill); and
(3) provide appropriate referrals for medical and social service agencies; information regarding the identification and treatment of health care needs associated with human trafficking; and appropriate follow-up care for human trafficking victims and their families.
d. The county prosecutor in each county shall ensure that each member of the response team completes the standardized education and training program developed by the Commission on Human Trafficking pursuant to section 14 of P.L. , c. (C. ) (pending before the Legislature as this bill).
e. There is appropriated the sum of $750,000 from the general fund to the New Jersey Commission on Human Trafficking to disburse these funds in effectuation of formation and maintenance of county-based multi-disciplinary teams. The Legislature, to the extent possible, shall ensure that sufficient appropriations are provided annually to maintain the county Human Trafficking Response Teams, which shall be dedicated to the providing of services pursuant to this section. The disbursement of funds shall not be dependent on whether prosecutions for human trafficking occur.]1
1[8.] 5.1 (New section) Notwithstanding the provisions of section 6 of P.L. 2013 c.214 (C:2C:46-4.1), and in addition to any restitution ordered by the court pursuant to section 1 of P.L.2005, c.77 (C.2C:13-8) or any other relevant provisions of law, the court shall order a person convicted of any violation of human trafficking pursuant to section 1 of P.L.2005, c.77 (C.2C:13-8); facilitation of human trafficking pursuant to section 5 of P.L. 2013 (C.2C:13-9); prostitution pursuant to N.J.S.2C:34-1 and related offenses; or liability for another’s conduct related any of the foregoing offenses pursuant to N.J.S.2C:2-6 or any other provision of law governing a person’s liability for the conduct of another, to pay mandatory restitution to the victim of the offense or the prosecutorial or law enforcement entity responsible for investigating or prosecuting the offense. The proceeds from any property related to the prosecution that is forfeited pursuant to section 1 of P.L. 2019 (C.2C:64-3) shall be applied first toward the payment of any restitution ordered pursuant to this section.
c. Restitution ordered pursuant to subsection b. of this section shall include, but not be limited to:
(1) any costs of medical or mental health care treatment including, but not limited to, physical and occupational therapy and rehabilitation;
(2) costs of necessary transportation, temporary housing, and child care expenses;
(3) costs of investigation, prosecution, attorney’s fees, victim advocate fees, and other court-related costs;
(4) necessary relocation costs incurred by the victim and any family or household members of the victim including, but not limited to, deposits for utilities or rental housing, telephone service, temporary lodging and food expenses, clothing, and personal items;
(5) costs associated with restoration of the victim’s credit rating;
(6) costs associated with obtaining legal or administrative assistance to establish, restore, or maintain the victim’s immigration status; and
(7) reimbursement for any other financial losses, whether direct or indirect, suffered by the victim as a result of the defendant’s action.
1[9. Section 4 of P.L.2013, c.51 (C.2C:13-8.1) is amended to read as follows:
4. a. Any person injured, including injury due to the loss of moneys or property, real or personal, as a result of the commission of a human trafficking offense in violation of section 1 of P.L.2005, c.77 (C.2C:13-8), or section 5 of P.L.2013, c.51 (C.2C:13-9), may bring a civil action in any court of competent jurisdiction against: (1) the offender; (2) all those acting in concert with that offender; (3) all those who, knowingly [deriving] or with reckless disregard, derive a direct or indirect pecuniary benefit from the offense, whether or not these parties are acting in concert with the offender; and (4) all those who, knowingly [maintaining] or with reckless disregard, maintain any victim of the offense, whether or not these parties are acting in concert with the offender. A civil action brought under this section shall not preclude the application of any other civil, administrative, or criminal remedy under any other provision of law.
b. (1) The standard of proof in a civil action brought pursuant to this section is a preponderance of the evidence, and the fact that a prosecution against the offending actor is not instituted or, whenever instituted, terminates without a conviction, shall not preclude a civil action.
(2) A final judgment rendered in favor of the State in any criminal proceeding shall estop the defendant from denying the same conduct in any civil action brought pursuant to this section.
c. In any civil action brought pursuant to this section, the court shall, in addition to any other appropriate legal or equitable relief, including damages for pain and suffering, recovery of reasonable costs for necessary medical, dental, and psychological services and punitive damages, award damages in an amount that is the greater of:
(1) the gross income or value to the defendant of the injured party's labor or services; or
(2) the value of the injured party's labor or services as determined by the "New Jersey Prevailing Wage Act," P.L.1963, c.150 (C.34:11-56.25 et seq.), the "New Jersey State Wage and Hour Law," P.L.1966, c.113 (C.34:11-56a et seq.), the Seasonal Farm Labor Act, P.L.1945, c.71 (C.34:9A-1 et seq.), the laws concerning the regulation of child labor in chapter 2 of Title 34 of the Revised Statutes, or any other applicable State law, and the "Fair Labor Standards Act of 1938," 29 U.S.C. s.201 et seq., or any other applicable federal law.
d. In addition to any damages, penalty, injunction, or other appropriate relief awarded in an action brought pursuant to this section, the court may award to the injured person bringing suit reasonable attorney's fees and costs.
e. As used in this section, the term "knowing" or "knowingly" means, with respect to information, that a person:
(1) has actual knowledge of the information; or
(2) acts in deliberate ignorance of the truth or falsity of the information; or
(3) acts in reckless disregard of the truth or falsity of the information.
(P. L.2023, c.208, s.1)]1
1[10.] 6.1 Section 5 of P.L.2013, c.51 (C.2C:13-9) is amended to read as follows:
5. a. A person commits a crime of the second degree if 1[he] the person1 :
(1) provides services, resources, or assistance with the knowledge that the services, resources, or assistance are intended to be used in furtherance of the commission of the crime of human trafficking in violation of section 1 of P.L.2005, c.77 (C.2C:13-8).
(a) For purposes of this paragraph, "services, resources, or assistance" shall include financial support, business services, lodging, transportation, the provision of false documentation or identification, equipment, facilities, or any other service or property with a pecuniary value that exceeds $200, whether or not a person is compensated for the services, resources, or assistance, but shall not include humanitarian or charitable aid or services provided directly to a victim of human trafficking.
(b) For purposes of this paragraph, the requisite knowledge that services, resources, or assistance are intended to be used in furtherance of the commission of the crime of human trafficking may be inferred if the defendant was aware that a person to whom the defendant was providing services, resources, or assistance: (i) was subject to or subjected another to restrictions on the person's freedom of movement, so that the person could not leave without accompaniment of another person or was otherwise subjected to obvious restrictions on mobility; or (ii) did not possess or have access to any means of communication, including but not limited to a cellular or other wireless telephone or other electronic communication device, and was not permitted or was otherwise unable to communicate with another person without supervision or permission; or
(2) procures or attempts to procure a person to engage in sexual activity as defined in paragraph (2) of subsection a. of N.J.S.2C:34-1, or to provide labor or services, whether for himself or another person, knowing that the person provided or to be provided was a victim of human trafficking, or under circumstances in which a reasonable person would conclude that there was a substantial likelihood that the person was a victim of human trafficking.
(a) For purposes of this paragraph, there shall be a rebuttable presumption that the defendant knew, and that a reasonable person would conclude there was a substantial likelihood, that a person was a victim of human trafficking if the person: (i) could not leave the premises where the person provided labor or services without accompaniment of another person or was otherwise subjected to significant restrictions on the person's freedom of movement; or (ii) did not possess or have access to any means of communication, including but not limited to a cellular or other wireless telephone or other electronic communication device, and was not permitted or was otherwise unable to communicate with another person without supervision or permission.
(b) For the purposes of this paragraph, there shall be a rebuttable presumption that: (i) a person knew that a child under the age of 18 years of age procured to engage in sexual activity or for whom attempts were made to procure for that activity was a victim of human trafficking; and (ii) a reasonable person would conclude that there was a substantial likelihood that a child under the age of 18 years of age procured to engage in sexual activity or for whom attempts were made to procure for that activity was a victim of human trafficking.
(c) With regard to the court’s consideration of relevant evidence related to the prosecution of a human trafficking offense 1under section 1 of P.L.2005, c.77 (C.2C:13-8), section 5 of P.L.2013, c.51 (2C:13-9), or section 12 of P.L.2013, c.51 (C.2C:13-10)1 , pursuant to Rule 903 of the Rules of Evidence, authentication of the following types of evidence may be made by certification of the records custodian or authorized representative of the financial institution, remote computing service, print media or electronic communication provider, or other provider:
1[i.] (i)1 advertisements published or disseminated in electronic or print form;
1[ii.] (ii)1 financial institution records; and
1[iii.] (iii)1 records related to the provision of remote computing services or electronic communication services;
Upon the request of either party, in lieu of a certification, the court may authorize a representative of a financial institution, remote computing service, print media or electronic communication provider, or other provider to testify in a video or remote format concerning the admissibility of evidence pursuant to this paragraph.
The court shall also consider expert testimony by a person who possesses a background in or demonstrates a specialized knowledge of the legal, policy, educational, social, or psychological aspects of human trafficking.
b. (1) It is an affirmative defense to prosecution for a violation of this section that, during the time of the alleged commission of the crime, the defendant was a victim of human trafficking.
(2) There shall be a rebuttable presumption that a child under the age of 18 years of age charged with a violation of this section was a victim of human trafficking.
c. (1) Notwithstanding any provision of law to the contrary, a person convicted for a violation of this section shall be sentenced to a term of imprisonment, which shall include a period of parole ineligibility of one-third to one-half of the term of imprisonment imposed or three years, whichever is greater. Notwithstanding the provisions of N.J.S.2C:43-3, the sentence for a conviction under this section shall include a fine in an amount of not less than $15,000, which shall be collected as provided for the collection of fines and restitutions in section 3 of P.L.1979, c.396 (C.2C:46-4) and forwarded to the Department of the Treasury to be deposited in the "Human Trafficking Survivor's Assistance Fund" established by section 2 of P.L.2013, c.51 (C.52:17B-238).
(2) Additionally, upon a finding of guilt or entry of a guilty plea for a crime described under this section, the court shall direct any issuing State, county, or municipal governmental agency to revoke any license, permit, certificate, approval, registration, charter, or similar form of business or professional authorization required by law concerning the operation of that person's business or profession, if that business or profession was used in the course of the crime.
(3) Notwithstanding the provisions of subsection a. of this section, a prosecutor may offer a negotiated plea agreement in which a defendant who provides services, resources, or assistance in furtherance of the commission of the crime of human trafficking pursuant to section 1 of P.L.2005, c.77 (C.2C:13-8), in violation of this section, may be sentenced for a crime of the third degree.
(4) Notwithstanding any other provision of law to the contrary, a person who commits a second or subsequent violation of this section shall be sentenced to an extended term of imprisonment as set forth in N.J.S.2C:43-7.
The Attorney General shall develop guidelines to ensure the uniform exercise of discretion in making determinations regarding a negotiated reduction in the term of imprisonment and period of parole ineligibility pursuant to this paragraph.
1Unless otherwise provided in guidelines established by the Attorney General, nothing contained in this paragraph shall be construed to alter or limit the authority or discretion of the prosecutor to enter any plea agreement which the prosecutor deems appropriate.1
d. Nothing in this section shall be construed to preclude, or limit in any way, the prosecution and conviction for any other offense, including prosecution and conviction pursuant to section 1 of P.L.2005, c.77 (C.2C:13-8), human trafficking, N.J.S.2C:34-1, prostitution and related offenses, and N.J.S.2C:2-6, liability for another's conduct.
(P.L.2013, c.51, s.5)
1[11.] 7.1 Section 12 of P.L.2013, c.51 (C.2C:13-10) is amended to read as follows:
12. a. The Legislature finds and declares that:
(1) There reportedly are more than 12 million victims of human trafficking and it is estimated that this figure could actually be as high as 27 million;
(2) According to the National Center for Missing and Exploited Children, at least 100,000 human trafficking victims are American children who are an average age of 13 years old;
(3) Advertisements for selling the services of [girls] youths as escorts on Internet websites falsely claim that these [girls] youths are 18 years of age or older, when [the girls] they actually are minors;
(4) The advertising of these escort services includes minors who are being sold for sex, which constitutes sex trafficking and commercial sexual abuse of minors;
(5) Responding to political and public outcry, the Internet website craigslist.com removed its escort section, but another website with an escort section, backpage.com, has to date refused to do so;
(6) The states of Washington and Connecticut recently enacted laws to require Internet websites, such as backpage.com, and the patrons who advertise on websites, to maintain documentation that they have proved the age of the escorts presented in the advertisements;
(7) The State of New Jersey criminalized human trafficking in 2005; however, despite aggressive efforts by the Legislature to combat human trafficking, victims are routinely exploited, both financially and sexually, primarily through Internet websites, mobile applications, and other electronic means of communication including, but not limited to, advertisements for dating or employment, and sexually-related Internet websites and mobile applications; and
(8) Sex trafficking of minors should be eliminated in conformity with federal laws prohibiting the sexual exploitation of children.
b. A person commits the offense of advertising commercial sexual abuse of a minor if:
(1) the person knowingly publishes, disseminates, or displays, or causes directly or indirectly, to be published, disseminated, or displayed, any advertisement for a commercial sex act, which is to take place in this State and which includes the depiction of a minor; or
(2) the person knowingly purchases advertising in this State for a commercial sex act which includes the depiction of a minor.
c. A person who commits the offense of advertising commercial sexual abuse of a minor as established in subsection b. of this section is guilty of a crime of the first degree. Notwithstanding the provisions of N.J.S.2C:43-3, the fine imposed for an offense under this section shall be a fine of at least $25,000, which shall be collected as provided for the collection of fines and restitutions in section 3 of P.L.1979, c.396 (C.2C:46-4) and forwarded to the Department of the Treasury to be deposited in the "Human Trafficking Survivor's Assistance Fund" established by section 2 of P.L.2013, c.51 (C.52:17B-238).
d. Nothing in this section shall preclude an indictment and conviction for any other offense defined by the laws of this State.
e. For the purposes of this section:
"Advertisement for a commercial sex act" means any advertisement or offer in electronic or print media, including the Internet, which includes either an explicit or implicit offer for a commercial sex act to occur in this State.
"Commercial sex act" means any act of sexual contact or sexual penetration, as defined in N.J.S.2C:14-1, or any prohibited sexual act, as defined in N.J.S.2C:24-4, for which something of value is given or received by any person.
"Depiction" means any photograph or material containing a photograph or reproduction of a photograph.
"Minor" means a person who is under 18 years of age.
"Photograph" means a print, negative, slide, digital image, motion picture, or videotape, and includes anything tangible or intangible produced by photographing.
f. It shall not be a defense to a violation of this section that the defendant:
(1) did not know the age of the minor depicted in the advertisement; or
(2) claims to know the age of the person depicted, unless there is appropriate proof of age obtained and produced in accordance with subsections g. and h. of this section.
g. It shall be a defense to a violation of this section that the defendant made a reasonable, bona fide attempt to ascertain the true age of the minor depicted in the advertisement by requiring, prior to publication, dissemination, or display of the advertisement, production of a driver's license, marriage license, birth certificate, or other governmental or educational identification card or paper of the minor depicted in the advertisement and did not rely solely on oral or written representations of the minor's age, or the apparent age of the minor as depicted. The defendant shall prove the defense established in this subsection by a preponderance of the evidence.
h. The defendant shall maintain and, upon request, produce a record of the identification used to verify the age of the person depicted in the advertisement.
(P.L.2013, c.51, s.12)
1[12. Section 19 of P.L.2013, c.51 (C.2C:13-12) is amended to read as follows:
19. a. The Police Training Commission, in consultation with the Attorney General [and] , the Director of the Division of Criminal Justice in the Department of Law and Public Safety, County Prosecutors’ Association of the State of New Jersey, the Assistant Prosecutors’ Association of New Jersey, a non-profit organization with demonstrated experience in human trafficking approved by the Attorney General, and the Commission on Human Trafficking, shall develop and approve, as part of the police training courses required pursuant to P.L.1961, c.56 (C.52:17B-66 et seq.), courses of study on the handling, response procedures, investigation, and prosecution of human trafficking cases. These courses shall be reviewed at least once every two years and modified from time to time as need may require.
b. (1) The Department of Community Affairs, in consultation with the Commission on Human Trafficking established by section 1 of P.L.2013, c.51 (C.52:17B-237), shall develop, approve, and provide for a [one-time] training course on the handling and response procedures of suspected human trafficking activities for owners, operators, and staff of hotels and motels as defined in the "Hotel and Multiple Dwelling Law," P.L.1967, c.76 (C.55:13A-1 et seq.); or alternatively, the department, in consultation with the commission, shall approve a substantially similar [one-time] training course for use by hotels and motels in providing training to owners, operators, and staff. The department, in consultation with the commission, shall define by regulation which staff positions are required, as a condition of employment, to attend the [one-time] training course. Verifiable completion of the training course by required staff shall be a condition of issuance, maintenance, or renewal of any license, permit, certificate, or approval required, permitted to be granted, or issued to owners or operators under the provisions of the "Hotel and Multiple Dwelling Law," P.L.1967, c.76 (C.55:13A-1 et seq.). The training course shall be reviewed at least every two years and modified by the department, in consultation with the commission, from time to time as need may require.
(2) The Department of Community Affairs, through its oversight and enforcement authority provided under the "Hotel and Multiple Dwelling Law," P.L.1967, c.76 (C.55:13A-1 et seq.), shall be responsible for ensuring that all hotel and motel owners, operators, and [required] staff attend the [one-time] training course. Owners, operators, and staff of a hotel, as defined in the “Hotel and Multiple Dwelling Law” pursuant to section 3 of P.L.1967, c.76 (C.55:13A-3) shall be required to attend the training course at least once every two years, and within one year of the enactment of this section in the case of all current owners, operators, and [required] staff engaging in their respective profession on the effective date of this section, and within six months of the first day of ownership, operation, or employment for all new owners, operators, and [required] staff who initially engage in their respective profession on a date that follows the effective date.
(3) The Department of Community Affairs shall make available the training materials for the [one-time] training course to hotel and motel owners, operators, and required staff in order for the owners, operators, and required staff to fulfill the [one-time] training requirement set forth in this subsection.
c. (1) The Department of Health, in consultation with the Commission on Human Trafficking established by section 1 of P.L.2013, c.51 (C.52:17B-237), shall develop, approve, and provide for a one-time training course on the handling and response procedures of suspected human trafficking activities for employees of every licensed health care facility as defined in section 2 of P.L.1971, c.136 (C.26:2H-2), including those professionals whose professional practice is regulated pursuant to Title 45 of the Revised Statutes; or alternatively, the department, in consultation with the commission, shall approve for use a substantially similar one-time training course provided by a recognized Statewide nonprofit healthcare trade association with demonstrated experience in providing course offerings to health care facility employees on similar workplace matters. The department, in consultation with the commission and the approved nonprofit course provider, if any, shall define by regulation which employees are required, as a condition of their employment, to attend the one-time training course. Verifiable completion of the training course by required employees shall be a condition of issuance, maintenance, or renewal of any license, permit, certificate, or approval required, permitted to be granted, or issued to licensed health care facilities under the provisions of P.L.1971, c.136 (C.26:2H-1 et al.). The training course shall be reviewed at least every two years and modified by the department, in consultation with the commission and the approved nonprofit course provider, if any, from time to time as need may require.
(2) The Department of Health, through its oversight and enforcement authority provided under P.L.1971, c.136 (C.26:2H-1 et al.), shall be responsible for ensuring that all required employees of licensed health care facilities attend the one-time training course within one year of the enactment of this section in the case of all current employees engaging in their respective profession on the effective date of this section, and within six months of the first day of employment for all new employees who initially engage in their respective profession on a date that follows the effective date. If an approved nonprofit course provider is involved in providing the one-time training course to new employees who initially engage in their respective profession on a date that follows the effective date of this section, then the nonprofit course provider shall provide the training course at least once every six months in order for these employees to meet the six-month training deadline established by this paragraph.
(3) The Department of Health shall make available the training materials for the one-time training course to required employees, or to the approved nonprofit course provider, if any, in order for the required employees to fulfill the one-time training requirement set forth in this subsection.
d. (1) The Administrative Office of the Courts shall develop and approve a training course and a curriculum to raise awareness of judges and judicial personnel on the seriousness of the crime of human trafficking, its impact on human rights and the need to adequately implement anti-trafficking laws, including not only the prosecution and sentencing of defendants charged with human trafficking, but the need to respect and restore rights and needs of victims of human trafficking. This training course shall be reviewed at least every two years and modified by the Administrative Office of the Courts from time to time as need may require.
(2) The Administrative Office of the Courts shall make the training course, curriculum, and supporting materials available to appropriate judges and judicial personnel who may be involved with the court-related aspects of human trafficking prosecutions through annual in-service judicial training programs or other means.
e. Pursuant to section 2 of P.L.2013, c.51 (C.52:17B-238), the Attorney General, in consultation with the Commission on Human Trafficking established by section 1 of P.L.2013, c.51 (C.52:17B-237), may provide for the expenditures of monies from the "Human Trafficking Survivor's Assistance Fund" to assist with the development, maintenance, revision, and distribution of training course materials for the courses developed in accordance with this section, and the operation of these training courses.
(cf: P.L.2013, c.51, s.19)]1
18. Section 19 of P.L.2013, c.51 (C.2C:13-12) is amended to read as follows:
19. a. The Police Training Commission, in consultation with the Attorney General [and] , the Director of the Division of Criminal Justice in the Department of Law and Public Safety, County Prosecutors’ Association of the State of New Jersey, the Assistant Prosecutors’ Association of New Jersey, a non-profit organization with demonstrated experience in human trafficking approved by the Attorney General, the Commission on Human Trafficking, and the Division of Violence Intervention and Victim Assistance established pursuant to section 1 of P.L.2023, c.167 (C. 52:4B-60.4), shall develop and approve, as part of the police training courses required pursuant to P.L.1961, c.56 (C.52:17B-66 et seq.), courses of study on the handling, response procedures, investigation, and prosecution of human trafficking cases. The courses shall include, at a minimum, a demonstration of and information regarding known signs and signals that may be used or communicated by victims of human trafficking seeking assistance or may be observed by individuals in public spaces. These courses shall be reviewed at least once every two years and modified from time to time as need may require.
b. (1) The Department of Community Affairs, in consultation with the Commission on Human Trafficking established by section 1 of P.L.2013, c.51 (C.52:17B-237) and the Division of Violence Intervention and Victim Assistance established pursuant to section 1 of P.L.2023, c.167 (C. 52:4B-60.4), shall develop, approve, and provide for a [one-time] training course on the handling and response procedures of suspected human trafficking activities for owners, operators, and staff of hotels and motels as defined in the "Hotel and Multiple Dwelling Law," P.L.1967, c.76 (C.55:13A-1 et seq.); or alternatively, the department, in consultation with the commission and the division, shall approve a substantially similar [one-time] training course for use by hotels and motels in providing training to owners, operators, and staff. The department, in consultation with the commission and the division, shall define by regulation which staff positions are required, as a condition of employment, to attend the [one-time] training course. Verifiable completion of the training course by required staff shall be a condition of issuance, maintenance, or renewal of any license, permit, certificate, or approval required, permitted to be granted, or issued to owners or operators under the provisions of the "Hotel and Multiple Dwelling Law," P.L.1967, c.76 (C.55:13A-1 et seq.). The training course shall include, at a minimum, a demonstration of and information regarding known signs and signals that may be used or communicated by victims of human trafficking seeking assistance or may be observed by individuals in public spaces. The training course shall be reviewed at least once every two years and modified by the department, in consultation with the commission and the division, from time to time as need may require.
(2) The Department of Community Affairs, through its oversight and enforcement authority provided under the "Hotel and Multiple Dwelling Law," P.L.1967, c.76 (C.55:13A-1 et seq.), shall be responsible for ensuring that all hotel and motel owners, operators, and [required] staff attend the [one-time] training course. Owners, operators, and staff of a hotel, as defined in the “Hotel and Multiple Dwelling Law” pursuant to section 3 of P.L.1967, c.76 (C.55:13A-3) shall be required to attend the training course at least once every two years, and within one year of the enactment of this section in the case of all current owners, operators, and [required] staff engaging in their respective profession on the effective date of this section, and within six months of the first day of ownership, operation, or employment for all new owners, operators, and [required] staff who initially engage in their respective profession on a date that follows the effective date.
(3) The Department of Community Affairs shall make available the training materials for the [one-time] training course to hotel and motel owners, operators, and required staff in order for the owners, operators, and required staff to fulfill the [one-time] training requirement set forth in this subsection.
c. (1) The Department of Health, in consultation with the Commission on Human Trafficking established by section 1 of P.L.2013, c.51 (C.52:17B-237) and the Division of Violence Intervention and Victim Assistance established pursuant to section 1 of P.L.2023, c.167 (C. 52:4B-60.4) , shall develop, approve, and provide for a one-time training course on the handling and response procedures of suspected human trafficking activities for employees of every licensed health care facility as defined in section 2 of P.L.1971, c.136 (C.26:2H-2), including those professionals whose professional practice is regulated pursuant to Title 45 of the Revised Statutes; or alternatively, the department, in consultation with the commission and the division, shall approve for use a substantially similar one-time training course provided by a recognized Statewide nonprofit healthcare trade association with demonstrated experience in providing course offerings to health care facility employees on similar workplace matters. The department, in consultation with the commission , the division, and the approved nonprofit course provider, if any, shall define by regulation which employees are required, as a condition of their employment, to attend the one-time training course. Verifiable completion of the training course by required employees shall be a condition of issuance, maintenance, or renewal of any license, permit, certificate, or approval required, permitted to be granted, or issued to licensed health care facilities under the provisions of P.L.1971, c.136 (C.26:2H-1 et al.). The training course shall include, at a minimum, a demonstration of and information regarding known signs and signals that may be used or communicated by victims of human trafficking seeking assistance or may be observed by individuals in public spaces. The training course shall be reviewed at least once every two years and modified by the department, in consultation with the commission , the division, and the approved nonprofit course provider, if any, from time to time as need may require.
(2) The Department of Health, through its oversight and enforcement authority provided under P.L.1971, c.136 (C.26:2H-1 et al.), shall be responsible for ensuring that all required employees of licensed health care facilities attend the one-time training course within one year of the enactment of this section in the case of all current employees engaging in their respective profession on the effective date of this section, and within six months of the first day of employment for all new employees who initially engage in their respective profession on a date that follows the effective date. If an approved nonprofit course provider is involved in providing the one-time training course to new employees who initially engage in their respective profession on a date that follows the effective date of this section, then the nonprofit course provider shall provide the training course at least once every six months in order for these employees to meet the six-month training deadline established by this paragraph.
(3) The Department of Health shall make available the training materials for the one-time training course to required employees, or to the approved nonprofit course provider, if any, in order for the required employees to fulfill the one-time training requirement set forth in this subsection.
d. (1) The Administrative Office of the Courts shall develop and approve a training course and a curriculum to raise awareness of judges and judicial personnel on the seriousness of the crime of human trafficking, its impact on human rights and the need to adequately implement anti-trafficking laws, including not only the prosecution and sentencing of defendants charged with human trafficking, but the need to respect and restore rights and needs of victims of human trafficking. The training course shall include, at a minimum, a demonstration of and information regarding known signs and signals that may be used or communicated by victims of human trafficking seeking assistance or may be observed by individuals in public spaces. This training course shall be reviewed at least once every two years and modified by the Administrative Office of the Courts from time to time as need may require.
(2) The Administrative Office of the Courts shall make the training course, curriculum, and supporting materials available to appropriate judges and judicial personnel who may be involved with the court-related aspects of human trafficking prosecutions through annual in-service judicial training programs or other means.
e. (1) The New Jersey Transit Corporation, in consultation with the Commission on Human Trafficking established by section 1 of P.L.2013, c.51 (C.52:17B-237), shall develop and provide a one-time training course for public transportation employees and motorbus operators of private entities under contract to the corporation to provide motorbus regular route service on the handling and response procedures for suspected human trafficking activities. Alternatively, the New Jersey Transit Corporation, in consultation with the commission, shall approve a substantially similar one-time training course provided by a recognized nonprofit association with demonstrated experience in providing course offerings to public transportation employees. The New Jersey Transit Corporation, in consultation with the commission and the approved nonprofit course provider, if any, shall establish by regulation which employees and motorbus operators of private entities under contract to the corporation to provide motorbus regular route service are required, as a condition of their employment or as a condition of the contract with the corporation, to attend the one-time training course. The New Jersey Transit Corporation, at the corporation’s discretion, may waive the training requirements of this subsection for a private entity under contract to the corporation to provide motorbus regular route service if the private entity requires its motorbus operators to complete an equal or greater training course on the handling and response procedures for suspected human trafficking activities. The training course required pursuant to this subsection shall include, at a minimum, a demonstration of and information regarding known signs and signals that may be used or communicated by victims of human trafficking seeking assistance or may be observed by individuals in public spaces. The training course shall be reviewed at least once every two years and modified as needed by the New Jersey Transit Corporation, in consultation with the commission and the approved nonprofit course provider, as appropriate.
(2) The New Jersey Transit Corporation shall be responsible for ensuring that all its required employees attend the one-time training course within two years of the enactment of P.L.2025, c.343 in the case of all current employees engaging in their respective profession on the effective date of P.L.2025, c.343, and within six months of the first day of employment for all new employees who initially engage in their respective profession after the effective date of P.L.2025, c.343. If an approved nonprofit course provider is involved in providing the one-time training course to new employees who initially engage in their respective profession after the effective date of P.L.2025, c.343, then the nonprofit course provider shall provide the training course at least once every six months in order for these employees to meet the six-month training deadline.
Each contract entered into after the effective date of P.L.2025, c.343 between the corporation and a private entity to provide motorbus regular route service shall include a requirement that motorbus operators of the private entity that provides motorbus regular route service under such contract shall attend the one-time training course, unless such requirement is waived pursuant to the provisions of this subsection.
(3) The New Jersey Transit Corporation shall make available to public transportation employees and private entities under contract to the corporation to provide motorbus regular route service the training materials for the one-time training course.
f. Pursuant to section 2 of P.L.2013, c.51 (C.52:17B-238), the Attorney General, in consultation with the Commission on Human Trafficking established by section 1 of P.L.2013, c.51 (C.52:17B-237) and the Division of Violence Intervention and Victim Assistance established pursuant to section 1 of P.L.2023, c.167 (C. 52:4B-60.4), may provide for the expenditures of monies from the "Human Trafficking Survivor's Assistance Fund" to assist with the development, maintenance, revision, and distribution of training course materials for the courses developed in accordance with this section, and the operation of these training courses.1
(cf: P.L.2025, c.343, s.1)
1[13. (New section) a. A nonprofit organization approved by the Commission on Human Trafficking shall establish a training program to provide mandatory training on human trafficking advocacy and education to all judges and judicial personnel, assistant and deputy attorneys general, county prosecutors, assistant county prosecutors, municipal prosecutors, juvenile justice commission officers and employees, assistant and deputy public defenders and other attorneys appointed by the public defender pursuant to section 9 of P.L.1985, c.133 (C. 30:4-165.14), county board of social services employees, and members of a human trafficking response team established pursuant to section 7 of P.L. , c. (C. ) (pending before the Legislature as this bill). The training shall be trauma-informed and shall emphasize:
(1) the dynamics and manifestations of human trafficking;
(2) identification of and communication with human trafficking victims and those at risk of become human trafficking victims;
(3) the impact of human trafficking on victims and the community;
(4) protocols for reporting known or suspected crimes of human trafficking;
(5) information regarding the resources available to victims of human trafficking including but not limited to criminal penalties, civil actions, and the availability of restitution; and
(6) where appropriate the training shall also include information regarding best practices in the investigation and prosecution of human trafficking crimes and related offenses.
c. The course may be composed of live instruction, telecommunication, video or other medium, or any combination of methods and shall consist of a minimum of one hour of instruction.
d. The training required pursuant to this section shall be completed within one year of the date of enactment of P.L. , c. (C. ) (pending before the Legislature as this bill), and once during every subsequent two year period.
e. The Administrative Office of the Courts shall ensure that all judges and judicial personnel complete the training required pursuant to this section.
f. The Attorney General shall ensure that all assistant attorneys general; deputy attorneys general, county prosecutors and assistant county prosecutors, and municipal prosecutors complete the training required pursuant to this section.
g. The Executive Director of the Juvenile Justice Commission shall ensure that all juvenile justice commission officers and employees complete the training required pursuant to this section.
h. The Public Defender shall ensure that all assistant public defenders, deputy public defenders, and other attorneys appointed by the public defender pursuant to section 9 of P.L.1985, c.133 (C. 30:4-165.14) complete the training required pursuant to this section.
i. The Commissioner of Human Services shall ensure that all employees of a county board of social services complete the training required pursuant to this section.
j. There is appropriated the sum of $250,000 from the general fund to the New Jersey Commission on Human Trafficking to for the purposes of developing and administering the training program required pursuant to this section.]1
1[14. (New section) a. As used in this section:
“Advertisement for employment” means any advertisement or offer of employment in print media or electronic format, including the Internet, and includes any offer or promise to exchange anything of value in exchange for labor of another person.
“Advertisement for dating” means any advertisement or offer in print media or electronic format, including the Internet, for at least two persons to meet with the intention of evaluating each other’s suitability as a partner in a future romantic or sexual relationship. Such advertisement shall include, but not be limited to, print media, Internet websites, mobile applications, and other electronic and print means of communication.
“Mobile application” means an application designed to be downloaded onto and used in conjunction with a mobile electronic communication device and available through multiple software platforms.
“Mobile electronic communication device” means any mobile device capable of communication or other transmission of information and shall include, but not be limited to, a cellular telephone, wireless tablet, or other device with Internet capability, or other wireless communication device.
b. Any person, corporation, unincorporated association, or other entity in this State that publishes a required anti-human trafficking messaging pursuant to this section, or an “advertisement for dating” or “advertisement for employment” as those terms are defined in this section, shall include in the message or advertisement an educational message on human trafficking, to be displayed in a clear, conspicuous, and prominent manner. Any such message or advertisement made through a mobile application or on a mobile electronic communication device shall be made available in a multimedia format including, but not be limited to, in an audio, visual, or interactive format. The educational message required pursuant to this subsection shall be developed by the Commission on Human Trafficking pursuant to section 1 of P.L.2013, c.51 (C.52:17B-237).
c. Any person, corporation, unincorporated association, or other entity in this State that fails to comply with the provisions of this section shall be guilty of a crime of the third degree and shall be subject to a civil penalty of not less than $250,000 for each violation. A civil penalty imposed pursuant to this section may be collected, with costs, in a summary proceeding pursuant to the “Penalty Enforcement Law of 1999,” P.L.1999, c.274 (C.2A:58-10 et seq.). The Superior Court and the municipal court shall have jurisdiction to enforce the provisions of the “Penalty Enforcement Law of 1999” in connection with this section.
d. Nothing in this section shall be construed to prevent or limit a private cause of action by an aggrieved party against a person, corporation, unincorporated association, or entity that has violated or is alleged to have violated the provisions of this section.
e. Notwithstanding any other provision of law to the contrary, a person who commits a second or subsequent violation of subsection c. of this section shall be sentenced to an extended term of imprisonment as set forth in N.J.S.2C:43-7.]1
1[15.] 9.1 N.J.S.2C:64-3 is amended to read as follows:
2C:64-3. Forfeiture procedures. a. Whenever any property other than prima facie contraband is subject to forfeiture under this chapter, the forfeiture may be enforced by a civil action, instituted within 90 days of the seizure and commenced by the State and against the property sought to be forfeited.
b. The complaint shall be verified on oath or affirmation. It shall describe with reasonable particularity the property that is the subject matter of the action and shall contain allegations setting forth the reason or reasons the article sought to be or which has been seized is contraband.
c. Notice of the action shall be given to any person known to have a property interest in the article. In addition, the notice requirements of the Rules of Court for an in rem action shall be followed.
d. The claimant of the property that is the subject of an action under this chapter shall file and serve the claim in the form of an answer in accordance with the Rules of Court. The answer shall be verified on oath or affirmation, and shall state the interest in the property by virtue of which the claimant demands its restitution and the right to defend the action. If the claim is made in behalf of the person entitled to possession by an agent, bailee, or attorney, it shall state that the claimant is duly authorized to make the claim.
e. If no answer is filed and served within the applicable time, the property seized shall be disposed of pursuant to N.J.S.2C:64-6.
f. If an answer is filed, the Superior court shall set the matter down for a summary hearing as soon as practicable. Upon application of the State or claimant, if the claimant is a defendant in a criminal proceeding arising out of the seizure, the Superior court may stay proceedings in the forfeiture action until the criminal proceedings have been concluded by an entry of final judgment.
g. Any person with a property interest in the seized property, other than a defendant who is being prosecuted in connection with the seizure of property may secure its release pending the forfeiture action unless the article is dangerous to the public health, safety, and welfare or the State can demonstrate that the property will probably be lost or destroyed if released or employed in subsequent criminal activity. Any person with a property interest other than a defendant who is being prosecuted, prior to the release of that property shall post a bond with the court in the amount of the market value of the seized item.
h. 1(1)1 The prosecuting agency 1,1 with approval of the entity funding the agency, or any other entity, with the approval of the prosecuting agency, where the other entity's law enforcement agency participated in the surveillance, investigation or arrest which is the subject of the forfeiture action, may apply to the Superior Court for an order permitting use of seized property, pending the disposition of the forfeiture action provided, however, that the property shall be used solely for law enforcement purposes. Approval shall be liberally granted but shall be conditioned upon the filing of a bond in an amount equal to the market value of the item seized or a written guarantee of payment for property which may be subject to return, replacement or compensation as to reasonable value in the event that the forfeiture is refused or only partial extinguishment of property rights is ordered by the court.
(2) 1[Any] Unless used by a prosecuting agency as authorized pursuant to paragraph (1) of this subsection, any1 property seized in connection with a human trafficking offense shall be applied first toward the payment of any restitution ordered pursuant section 4 of P.L.2013, c.51 (C.2C:13-8.1) or 1[section 8] section 51 of P.L. , c. (C. ) (pending before the Legislature as this bill). Any remaining property shall then be distributed 1to a prosecuting agency or other entity1 pursuant to paragraph (1) of this subsection.
For the purpose of this subsection, “human trafficking offense” means human trafficking pursuant to section 1 of P.L.2005, c.77 (C.2C:13-8); facilitation of human trafficking pursuant to section 5 of P.L. 2013 (C.2C:13-9); prostitution pursuant to N.J.S.2C:34-1 and related offenses; or liability for another’s conduct related any of the foregoing offenses pursuant to N.J.S.2C:2-6 or any other provision of law governing a person’s liability for the conduct of another,
i. If the property is of the nature that substantial difficulty may result in preserving its value during the pendency of the forfeiture action, the Superior court may appoint a trustee to protect the interests of all parties involved in the action.
j. Evidence of a conviction of a criminal offense in which seized property was either used or provided an integral part of the State's proofs in the prosecution shall be considered in the forfeiture proceeding as creating a rebuttable presumption that the property was utilized in furtherance of an unlawful activity.
k. Seized property other than prima facie contraband shall not be subject to forfeiture pursuant to the provisions of this chapter if there are no criminal charges arising out of or related to the property seizure or a criminal prosecution arising out of or related to the property seizure terminates with no criminal culpability unless:
(1) there is no known owner of the seized property and no person credibly asserts an ownership interest in the seized property; or
(2) the State establishes by a preponderance of the evidence, in the case of seized property in the form of cash, negotiable instruments, or other cash equivalents, that the property has a value of greater than $1,000, or in the case of seized property other than cash, negotiable instruments, or other cash equivalent, that the property has a value of greater than $10,000.
l. For the purposes of this section, a criminal prosecution arising out of or related to the property seizure terminates with no criminal culpability if, with respect to all criminal charges involving the seized property, the prosecution resulted in:
(1) an acquittal;
(2) a dismissal with
prejudice, excluding a dismissal with prejudice in which the defendant was
admitted into a program of supervisory treatment pursuant to the provisions of
N.J.S.2C:43-12 through N.J.S.2C:43-22 or any other law or functionally
equivalent program of another state or the United States pursuant to which an
offense was dismissed or a felony conviction avoided or eliminated from the
record when the defendant successfully completed the program; or
(3) a finding of not guilty by reason of insanity.
(cf: P.L.2019, c.371, s.1)
1[16.] 10.1 Section 2 of P.L.1971, c.437 (C.9:6-8.9) is amended to read as follows:
2. For purposes of this act:
"Abused child" means a child under the age of 18 years whose parent, guardian, or other person having his custody and control:
a. Inflicts or allows to be inflicted upon such child physical injury by other than accidental means which causes or creates a substantial risk of death, or serious or protracted disfigurement, or protracted impairment of physical or emotional health or protracted loss or impairment of the function of any bodily organ;
b. Creates or allows to be created a substantial or ongoing risk of physical injury to such child by other than accidental means which would be likely to cause death or serious or protracted disfigurement, or protracted loss or impairment of the function of any bodily organ; or
c. Commits or allows to be committed an act of sexual abuse or human trafficking against the child;
d. Or a child whose physical, mental, or emotional condition has been impaired or is in imminent danger of becoming impaired as the result of the failure of his parent or guardian, or such other person having his custody and control, to exercise a minimum degree of care (1) in supplying the child with adequate food, clothing, shelter, education, medical or surgical care though financially able to do so or though offered financial or other reasonable means to do so, or (2) in providing the child with proper supervision or guardianship, by unreasonably inflicting or allowing to be inflicted harm, or substantial risk thereof, including the infliction of excessive corporal punishment or using excessive physical restraint under circumstances which do not indicate that the child's behavior is harmful to himself, others or property; or by any other act of a similarly serious nature requiring the aid of the court;
e. Or a child who has been willfully abandoned by his parent or guardian, or such other person having his custody and control;
f. Or a child who is in an institution as defined in section 1 of P.L.1974, c. 119 (C. 9:6-8.21) and (1) has been so placed inappropriately for a continued period of time with the knowledge that the placement has resulted and may continue to result in harm to the child's mental or physical well-being or (2) has been willfully isolated from ordinary social contact under circumstances which indicate emotional or social deprivation.
A child shall not be considered abused pursuant to subsection f. of this section if the acts or omissions described therein occur in a day school as defined in section 1 of P.L.1974, c. 119 (C. 9:6-8.21).
(cf: P.L.1987,c.341,s.3)
1[17. Section 6 of P.L.1971, c.437 (C.9:6-8.13) is amended to read as follows:
6. Anyone acting pursuant to this act in the making of a report under this act shall have immunity from any liability, civil or criminal, that might otherwise be incurred or imposed. Any such person shall have the same immunity with respect to testimony given in any judicial proceeding resulting from such report.
A person who reports or causes to report in good faith an allegation of child abuse or neglect pursuant to section 3 of P.L.1971, c. 437 (C. 9:6-8.10) and as a result thereof is discharged from employment or in any manner discriminated against with respect to compensation, hire, tenure or terms, conditions or privileges of employment, may file a cause of action for appropriate relief in the family part of the Chancery Division of the Superior Court in the county in which the discharge or alleged discrimination occurred or in the county of the person's primary residence.
If the court finds that the person was discharged or discriminated against as a result of the person's reporting an allegation of child abuse or neglect, the court may grant reinstatement of employment with back pay or other legal or equitable relief.
Monetary damages imposed in a civil action on a representative or agent of a corporation, unincorporated association, or other entity who, in a timely manner and in good faith, reports or causes to report an allegation of child abuse or neglect pursuant to section 3 of P.L.1971, c. 437 (C. 9:6-8.10) shall not exceed the amount of the policy limits of any applicable insurance policy held by the corporation, unincorporated association, or entity.
(cf: P.L.1987, c.341, s.5)]1
1[18.] 11.1 Section 7 of P.L.1987, c.341 (C.9:6-8.14) is amended to read as follows:
7. a. Except as provided in subsection b. of this section any person knowingly violating the provisions of this act including the failure to report an act of child abuse having reasonable cause to believe that an act of child abuse has been committed, is a disorderly person.
b. Any person who knowingly fails to report an act of sexual abuse against a child and who has reasonable cause to believe that an act of sexual abuse has been committed is guilty of a crime of the fourth degree.
c. Any person who knowingly prevents or attempts to prevent the making of a report of child abuse or sexual abuse shall be guilty of a crime of the third degree, and shall be guilty of any crime or offense resulting from the failure to report the abuse.
d. An employer shall be guilty of a crime of the third degree if the employer:
(1) knowingly prevents or attempts to prevent the making of a report of child abuse or sexual abuse by an employee or volunteer; or
(2) discharges or suspends from employment, or discriminates against in any manner, an employee or volunteer in response to the employee or volunteer making a report of child abuse or sexual abuse.
e. (1) In addition to relief available pursuant to this section or any other relevant provision of law, a person who suffers harm as a result of a violation of subsection a., b., c., or d. of this section may bring a civil action in any court of competent jurisdiction including, but not limited to, an action for an injury due to the loss of moneys or property, real or personal, as a result of the violation.
(2) The standard of proof in a civil action brought pursuant to this subsection is a preponderance of the evidence, and the fact that a prosecution against a defendant pursuant to this section is not instituted or, whenever instituted, terminates without a conviction, shall not preclude a civil action.
(3) The court may award a person:
(a) actual damages, but not less than liquidated damages computed at the rate of $50,000 for each violation;
(b) punitive damages upon proof of willful or reckless disregard of the law;
(c) reasonable attorney's fees and other litigation costs reasonably incurred; and
(d) such other equitable relief as the court determines to be appropriate.
f. Nothing in this section shall be construed to preclude or limit a prosecution or conviction for a violation of any offense arising from the act of child abuse or sexual abuse pursuant to N.J.S.2C:2-6 or any other provision of law governing a person’s liability for the conduct of another and, notwithstanding the provisions of N.J.S.2C:1-8 or any other provision of law, a conviction arising under this section shall not merge with a conviction for sexual assault, any other crime of a sexual nature, a prohibited sexual act as defined in section 2 of P.L.1992, c.7 (C.2A:30B-2), sexual abuse as defined in section 1 of P.L.1992, c.109 (C.2A:61B-1), a human trafficking offense pursuant to section 1 of L.2005, C.77(C.2C:13-8) or section 5 of P.L.2013, c.51 (C.2C:13-9), advertising commercial sexual abuse of a minor pursuant to section 12 of P.L.2013, c.51 (C.2C:13-10), or endangering the welfare of a child pursuant to N.J.S.2C:24-4.
g. Notwithstanding any other provision of law to the contrary, a person who commits a second or subsequent violation of subsection c. or d. of this section shall be sentenced to an extended term of imprisonment as set forth in N.J.S.2C:43-7.
(cf: P.L.2019, c.40, s.2)
1[19.] 12.1 Section 3 of P.L.1973, c.147 (C.9:6-8.18) is amended to read as follows:
3. a. The Division of Child Protection and Permanency, shall upon receipt of such report, take action to insure the safety of the child under section 4 of P.L.1971, c.437 (C.9:6-8.11). The report shall be deemed an oral complaint under section 12 of P.L.1951, c.138 (C.30:4C-12), and the Division of Child Protection and Permanency, shall investigate the circumstances under which the child was injured and may, after such investigation has been completed, apply for a court order placing the child under its care and supervision, pursuant to section 12 of P.L.1951, c.138 (C.30:4C-12).
b. Any action taken by the Division of Child Protection and Permanency pursuant to subsection a. of this section may be stayed upon the request of the Commissioner of the Department of Health, through the department’s oversight and enforcement authority provided under P.L.1971, c.136 (C.26:2H-1 et al.), if a health care provider attests to the commissioner by affidavit or certification that:
(1) the action may impair the ongoing assessment and treatment of a victim of an act of child abuse; and
(2) the victim is not imminent danger of further acts of child abuse.
c. The Commissioner of Health shall provide quarterly reports to the Commissioner of Children and Families regarding the status of victim’s assessment treatment and shall immediately notify the Commissioner of Children and Families when, based on an attestation or affidavit by a health care provider, an action taken by the division shall no longer be stayed pursuant to subsection b. of this section because the victim’s assessment and treatment will no longer be impaired by the action.
As used in this subsection, “health care provider” means a health care facility licensed pursuant to P.L.1971, c.136 (C.26:2H-1 et seq.) or a health care professional whose practice is regulated pursuant to Title 45 of the Revised Statutes.
(cf: P.L.2012, c.16, s.28)
1[20.] 13.1 Section 4 of P.L.1985, c.439 (C.40A:14-146.11) is amended to read as follows:
4. a. A person shall not commence the duties of a special law enforcement officer unless the person has successfully completed a training course approved by the commission and a special law enforcement officer shall not be issued a firearm unless the officer has successfully completed the basic firearms course approved by the commission for permanent, regularly appointed police and annual requalification examinations as required by subsection b. of section 7 of P.L.1985, c.439 (C.40A:14-146.14). There shall be three classifications for special police officers. The commission shall prescribe by rule or regulation the training standards to be established for each classification which shall include, but not be limited to, training on the handling, response procedures for, investigation, and prosecution of human trafficking cases developed by the commission pursuant to section 19 of P.L.2013, c.51 (C.2C:13-12). Training may be in a commission approved academy or in any other training program which the commission may determine appropriate. The classifications shall be based upon the duties to be performed by the special law enforcement officer as follows:
(1) Class One. Officers of this class shall be authorized to perform routine traffic detail, spectator control, and similar duties. If authorized by ordinance or resolution, as appropriate, Class One officers shall have the power to issue summonses for disorderly persons and petty disorderly persons offenses, violations of municipal ordinances, and violations of Title 39 of the Revised Statutes. The use of a firearm by an officer of this class shall be strictly prohibited and a Class One officer shall not be assigned any duties which may require the carrying or use of a firearm.
(2) Class Two. Officers of this class shall be authorized to exercise full powers and duties similar to those of a permanent, regularly appointed full-time police officer. The use of a firearm by an officer of this class may be authorized only after the officer has been fully certified as successfully completing training as prescribed by the commission.
(3) Class Three. Officers of this class shall be authorized to exercise full powers and duties similar to those of a permanent, regularly appointed full-time police officer while providing security at a public or nonpublic school or a county college on the school or college premises during hours when the public or nonpublic school or county college is normally in session or when it is occupied by public or nonpublic school or county college students or their teachers or professors. While on duty in the jurisdiction of employment, an officer may respond to offenses or emergencies off school or college grounds if they occur in the officer's presence while traveling to a school facility or county college, but an officer shall not otherwise be dispatched or dedicated to any assignment off school or college property.
The use of a firearm by an officer of this class shall be authorized pursuant to the provisions of subsection b. of section 7 of P.L.1985, c.439 (C.40A:14-146.14). An officer of this class shall not be authorized to carry a firearm while off duty unless the officer complies with the requirements set forth in subsection l. of N.J.S.2C:39-6 authorizing a retired law enforcement officer to carry a handgun.
b. The commission may, in its discretion, except from the requirements of this section any person who demonstrates to the commission's satisfaction that the person has successfully completed a police training course conducted by any federal, state or other public or private agency, the requirements of which are substantially equivalent to the requirements of this act.
c. The commission shall certify officers who have satisfactorily completed training programs and issue appropriate certificates to those officers. The certificate shall clearly state the category of certification for which the officer has been certified by the commission.
d. All special law enforcement officers appointed and in service on the effective date of this act may continue in service if within 24 months of the effective date of this act they will have completed all training and certification requirements of this act.
(cf: P.L.2016, c.68, s.2)
1[21.] 14.1 Section 7 of P.L.2019, c.120 (C.59:2-1.3) is amended to read as follows:
7. a. Notwithstanding any provision of the "New Jersey Tort Claims Act," N.J.S.59:1-1 et seq., to the contrary:
(1) immunity from civil liability granted by that act to a public entity or public employee shall not apply to an action at law for damages as a result of a sexual assault, any other crime of a sexual nature, a prohibited sexual act as defined in section 2 of P.L.1992, c.7 (C.2A:30B-2), [or] sexual abuse as defined in section 1 of P.L.1992, c.109 (C.2A:61B-1), a human trafficking offense pursuant to section 1 of L.2005, C.77(C.2C:13-8) or section 5 of P.L.2013, c.51 (C.2C:13-9), or advertising commercial sexual abuse of a minor pursuant to section 12 of P.L.2013, c.51 (C.2C:13-10) being committed against a person, which was caused by a willful, wanton, or grossly negligent act of the public entity or public employee; and
(2) immunity from civil liability granted by that act to a public entity shall not apply to an action at law for damages as a result of a sexual assault, any other crime of a sexual nature, a prohibited sexual act as defined in section 2 of P.L.1992, c.7 (C.2A:30B-2), [or] sexual abuse as defined in section 1 of P.L.1992, c.109 (C.2A:61B-1), a human trafficking offense pursuant to section 1 of L.2005, C.77(C.2C:13-8) or section 5 of P.L.2013, c.51 (C.2C:13-9), or advertising commercial sexual abuse of a minor pursuant to section 12 of P.L.2013, c.51 (C.2C:13-10) being committed against a minor under the age of 18, which was caused by the negligent hiring, supervision, or retention of any public employee.
b. Every action at law involving a public entity or public employee as described in subsection a. of this section shall be subject to the statute of limitations set forth in section 2 of P.L.2019, c.120 (C.2A:14-2a), and may be brought during the two-year period set forth in subsection a. of section 9 of P.L.2019, c.120 (C.2A:14-2b), notwithstanding that the action would otherwise be barred through application of the statute of limitations.
c. The recovery limits set forth under subparagraph (a) of paragraph (2) of subsection d. of N.J.S.59:9-2 shall not apply to an action at law filed pursuant to this section.
(cf: P.L.2025, c.29, s.1)
1[22.] 15.1 N.J.S.59:8-3 is amended to read as follows:
59:8-3. Claims for damages against public entities. a. Except as otherwise provided in this section, no action shall be brought against a public entity or public employee under this act unless the claim upon which it is based shall have been presented in accordance with the procedure set forth in this chapter.
b. The procedural requirements of this chapter shall not apply to an action at law for an injury resulting from the commission of sexual assault, any other crime of a sexual nature, a prohibited sexual act as defined in section 2 of P.L.1992, c.7 (C.2A:30B-2), [or] sexual abuse as defined in section 1 of P.L.1992, c.109 (C.2A:61B-1), a human trafficking offense pursuant to section 1 of L.2005, C.77(C.2C:13-8) or section 5 of P.L.2013, c.51 (C.2C:13-9), or advertising commercial sexual abuse of a minor pursuant to section 12 of P.L.2013, c.51 (C.2C:13-10) .
(cf: P.L.2019, c.120, s.8)
1[23.] 16.1 Section 11 of P.L.2013, c.51 (C.2C:34-1.2) is repealed.
1[24.] 17.1 (New section) The Attorney General, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), shall adopt rules and regulations to effectuate the purposes of this act. 1[The Attorney General also shall establish guidelines governing a county Human Trafficking Response Team's response to a report of human trafficking pursuant to the provisions of section 7 of P.L. , c. (C. ) (pending before the Legislature as this bill).]1
1[25.] 18.1 Section 1 1[, section 2,]1 and 1[sections 4 through 25] sections 3 through 171 of this act shall take effect immediately. 1[Section 3] Section 21 of this act shall take effect immediately and shall be applicable to all offenses not yet barred from prosecution under the statute of limitations as of the effective date.