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P.L.2004, c.143 New Jersey Civil Rights Act

September 10, 2004

Establishes the New Jersey Civil Rights Act.

In order to protect and assure against deprivation of the free exercise of civil rights which are guaranteed and secured under the New Jersey Constitution and federal Constitution, this bill provides a remedy when one person interferes with the civil rights of another. This bill attempts to provide the citizens of New Jersey with a State remedy for deprivation of or interference with the civil rights of an individual. By providing this remedy, the bill is intended to address potential gaps which may exist under remedies currently provided by New Jersey's Law Against Discrimination, N.J.S.A.10:5-1 et seq., and the law authorizing a civil cause of action for bias crime victims, N.J.S.A.2A:53A-21.

Under the provisions of the bill, the Attorney General may bring a civil action for damages, injunctive relief or other appropriate relief if a person, whether or not acting under color of law, subjects or causes to be subjected any other person to the deprivation of any due process or equal protection rights, privileges or immunities secured by the Constitution or laws of the United States, or any rights, privileges or immunities secured by the Constitution or laws of this State. An action may also be brought by the Attorney General if a person, whether or not acting under color of law, interferes or attempts to interfere by threats, intimidation or coercion with the exercise or enjoyment of another person's rights, privileges or immunities guaranteed under the State or federal Constitutions. Either action may be brought by the Attorney General in the name of the State and on behalf of the injured party.

In addition, any individual may bring a civil action if his rights, privileges or immunities have been deprived, interfered with or attempted to be interfered with by threats, intimidation or coercion by a person acting under color of law.

Upon application of any party, a jury trial shall be directed by the Superior Court.

The bill would also provide for a civil penalty for any violation of the act, regardless of whether the civil action is brought by the Attorney General or an individual. The amount of the penalty would be determined by the court or the jury, as the case may be. All monies collected would be deposited in the State General Fund.

In addition, the bill would authorize the court to award reasonable attorney's fees and costs.

This bill is modeled on the federal civil rights law which provides for a civil action for deprivation of civil rights (42 U.S.C.A.§1983), the Massachusetts Civil Rights Act (MA ST 12 §11H et seq.) and the Maine Civil Rights Act (5 M.R.S.A. §4681 et. seq.).

The committee amended the bill to clarify that if the Attorney General proceeds with and prevails in an action brought on behalf of an individual pursuant to the provisions of the bill, the court shall order the distribution of any award of damages to the injured party.

This bill is identical to Senate, No. 1558 (1R).

Resources

  • Identical Bill Number: S1558
  • Legislative Action:
    • 2/9/2004 Introduced, Referred to Assembly Judiciary Committee
    • 2/19/2004 Reported out of Assembly Committee, 2nd Reading
    • 2/23/2004 Passed by the Assembly (51-6-23)
    • 2/24/2004 Received in the Senate, Referred to Senate Judiciary Committee
    • 5/6/2004 Reported from Senate Committee with Amendments, 2nd Reading
    • 6/10/2004 Senate Amendment (Gill) (33-0)
    • 6/17/2004 Substituted for S1558 (2R)
    • 6/17/2004 Passed by the Senate (22-12)
    • 6/17/2004 Received in the Assembly, 2nd Reading on Concurrence
    • 6/24/2004 Motion To waive rules (Cohen) (46-32-0)
    • 6/24/2004 Concur by Assembly Amendments (Cohen) (47-24-7)
    • 6/24/2004 Received in the Senate, 2nd Reading on Concurrence
    • 6/24/2004 Passed Senate (Passed Both Houses) (31-8)
    • 9/10/2004 Approved P.L.2004, c.143.
  • Associated Documents

Posted by Stephen J. Hyland at September 10, 2004 8:12 AM

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