§§1,2 -

C.2A:53A-7.4 &

2A:53A-7.5 &

Note to 2A:14-2, 2A:14-2.1 & 2A:61B-1

P.L. 2005, CHAPTER 264, approved January 5, 2006

Senate, No. 540 (Second Reprint)

An Act concerning the immunity of charitable organizations in certain circumstances and supplementing Title 2A of the New Jersey Statutes.

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

    1. The immunity from civil liability granted to a nonprofit corporation, society or association organized exclusively for religious, charitable, educational or hospital purposes pursuant to the provisions of P.L.1959, c.90 (C.2A:53A-7 to 2A:53A-11) shall not apply ¹to a claim¹ in any civil action ¹[which alleges]¹ that the negligent hiring ¹[or], ¹ supervision ¹or retention¹ of any employee ¹, agent or servant¹ resulted in a sexual offense being committed against a person under the age of 18 who was a beneficiary of the nonprofit organization. As used in this ¹[section]supplementary act, P.L. ,

c. (C. )(now pending before the Legislature as this bill)¹ , "sexual offense" means ¹any actions that would constitute¹ any crime ²[defined] set forth² in chapter 14 of Title 2C of the New Jersey Statutes ²or set forth in paragraph (3) or (4) of subsection b. of N.J.S.2C:24-4².

    ¹2. The provisions of this supplementary act, P.L. ,c. (C. ) (now pending before the Legislature as this bill), shall apply prospectively and also shall be applicable to all civil actions for which the statute of limitations has not expired as of the effective date of this act, including the statutes of limitation set forth in N.J.S. 2A:14-2, section 1 of P.L. 1964, c. 214 (C. 2A:14-2.1), section 1 of P.L. 1992, c. 109 (C. 2A:61B-1) or any other statute. These applicable actions include but are not limited to matters filed with a court that have not yet been dismissed or finally adjudicated as of the effective date of this act.¹

    ¹[2.] 3.¹ This act shall take effect immediately.

Modifies the Charitable Immunity Act.