New Jersey S 4207: Clarifies protections and remedies under New Jersey Civil Rights Act; establishes certain aggravating factors regarding award of punitive damages.

Bill Text

S4207 

SENATE, No. 4207 

STATE OF NEW JERSEY

222nd LEGISLATURE

� 

INTRODUCED MAY 11, 2026

Sponsored by:

Senator� RAJ MUKHERJI

District 32 (Hudson)

Co-Sponsored by:

Senator Greenstein

SYNOPSIS

���� Clarifies protections and remedies under New Jersey 
Civil Rights Act; establishes certain aggravating factors regarding award of 
punitive damages. 

CURRENT VERSION OF TEXT 

���� As introduced.

�� 

An Act concerning the New Jersey Civil Rights Act, 
supplementing Title 10 of the Revised Statutes, and amending P.L.2004, c.143.� 

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

���� 1.��� (New section)� The 
Legislature finds and declares that:

���� a.���� The New Jersey Civil 
Rights Act, enacted by P.L.2004, c.143 (C.10:6-1 et seq.), authorizes 
individuals to pursue a civil action for monetary damages and other relief when 
their constitutional rights are violated by a private person or any federal or 
State government official acting under color of law. �

���� b.��� Current federal law, 
including the principal federal civil rights statute, 42 U.S.C. s.1983, and 
judicial precedent, does not provide individuals with adequate civil remedies 
for violations of their constitutional rights.� 

���� c.���� Due to limitations on 
who may be liable, barriers imposed by various immunity doctrines, and 
inadequate remedies, federal law significantly limits the extent to which an 
individual can obtain redress for constitutional violations. 

���� d.��� Pursuant to the police 
powers reserved to the states by the Tenth Amendment of the United States 
Constitution, New Jersey has the constitutional authority to enact legislation 
to protect the health, safety, and welfare of individuals within its jurisdiction. 
�

���� e.���� While the federal civil 
rights statute, 42 U.S.C. s.1983, has provided an important guide for federal 
and State courts in applying the New Jersey Civil Rights Act, State remedies 
for constitutional harms need not be subject to its limitations.� 

���� f.���� Therefore, consistent 
with the State�s strong commitment to safeguarding individual rights, it is fitting 
and proper to amend the New Jersey Civil Rights Act to clarify the scope of 
protections and remedies it affords and to guide federal and State courts in 
interpreting its provisions in a manner consistent with the State�s public 
policy.� 

���� 2.��� Section 2 of P.L.2004, 
c.143 (C.10:6-2) shall be amended to read as follows:

���� 2. a. If a person, whether or 
not acting under color of law of the United States or of any state, 
territory, or the District of Columbia, subjects or causes to be subjected 
any other person to the deprivation of any [substantive 
due process or equal protection] 
rights, privileges, or immunities secured by the Constitution or laws of 
the United States, or any [substantive] rights, 
privileges, or immunities secured by the Constitution or laws of this 
State, the Attorney General may bring a civil action for damages and for 
injunctive, declaratory, or other appropriate relief.� The civil action 
shall be brought in the name of the State and may be brought on behalf of the 
injured party. �If the Attorney General proceeds with and prevails in an action 
brought pursuant to this subsection, the court shall order the distribution of 
any award of damages to the injured party and shall award reasonable attorney's 
fees and costs to the Attorney General.� The penalty provided in paragraph (1) 
of subsection e. of this section shall be applicable to a violation of this 
subsection.

���� b.��� If a person, whether or 
not acting under color of law of the United States or of any state, 
territory, or the District of Columbia, interferes or attempts to interfere 
[by 
threats, intimidation or coercion] 
with the exercise or enjoyment by any other person of any [substantive 
due process or equal protection] 
rights, privileges, or immunities secured by the Constitution or laws of 
the United States, or any [substantive] rights, 
privileges, or immunities secured by the Constitution or laws of this 
State, the Attorney General may bring a civil action for damages and for 
injunctive, declaratory, or other appropriate relief.� The civil action 
shall be brought in the name of the State and may be brought on behalf of the 
injured party.� If the Attorney General proceeds with and prevails in an action 
brought pursuant to this subsection, the court shall order the distribution of 
any award of damages to the injured party and shall award reasonable attorney's 
fees and costs to the Attorney General.� The penalty provided in paragraph 
(1) of subsection e. of this section shall be applicable to a violation of 
this subsection.

���� c.���� Any person who has been 
deprived, by a person acting under color of law of the United States or of any 
state, territory, or the District of Columbia, of [any 
substantive due process or equal protection] 
any rights, privi