S4689

An Act concerning the statute of limitations for certain civil actions, amending N.J.S.2A:31-3, and supplementing Title 59 of the Revised Statutes.

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

1. N.J.S.2A:31-3 is amended to read as follows:

2A:31-3. [Every] a. Except as provided in subsection b. of this section, every action brought under this chapter shall be commenced within [2] two years after the death of the decedent, and not thereafter[, provided, however, that if].

b. If the death resulted from murder, aggravated manslaughter, or manslaughter for which the defendant has been convicted, found not guilty by reason of insanity, or adjudicated delinquent[, the]:

(1) an action against the defendant may be brought at any time; and

(2) an action against a third party shall be commenced within six years after the death of the decedent, and not thereafter. Nothing in this paragraph is intended to preclude the court from finding that the statute of limitations was tolled in an action because of the plaintiff's mental state, physical or mental disability, duress caused by the defendant, or any other equitable grounds.

(cf: P.L.2000, c.157)

2. (New section) Notwithstanding any provision of the "New Jersey Tort Claims Act," N.J.S.59:1-1 et seq., to the contrary, 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 murder, aggravated manslaughter, or manslaughter for which an individual has been convicted, found not guilty by reason of insanity, or adjudicated delinquent, which was caused by a willful, wanton, or grossly negligent act of the public entity or public employee.

3. This act shall take effect immediately and shall apply to any action filed on or after the effective date, including actions filed where the murder, aggravated manslaughter, or manslaughter occurred prior to the effective date of this act.

STATEMENT

This bill extends the statute of limitations for certain civil actions for wrongful death.

Under current law, a civil action for wrongful death must generally be brought within two years of the death of the deceased. If, however, the death of the deceased resulted from murder, aggravated manslaughter, or manslaughter for which a defendant has been convicted, found not guilty by reason of insanity, or adjudicated delinquent, an action against the defendant may be brought at any time.

This bill provides that in an action against a third party for wrongful death where the death of the deceased resulted from murder, aggravated manslaughter, or manslaughter for which an individual has been convicted, found not guilty by reason of insanity, or adjudicated delinquent, the action must be commenced within six years after the death of the decedent. The bill provides that it is not intended to preclude the court from finding that the statute of limitations was tolled in an action because of the plaintiff's mental state, physical or mental disability, duress caused by the defendant, or any other equitable grounds.

Additionally, under the bill, immunity for public entities and public employees under the New Jersey Tort Claims Act would not apply if the murder, aggravated manslaughter, or manslaughter was caused by a willful, wanton, or grossly negligent act of the public entity or public employee.

The bill takes effect immediately and applies to any action filed on or after the effective date, including actions filed where the murder, aggravated manslaughter, or manslaughter occurred prior to the effective date.