The so-called cleanup bill that establishes liability standards in sexual abuse lawsuits filed against public entities and public employees was signed into law on Aug. 9 by Gov. Phil Murphy.

The legislation was a companion bill to S-477, which Gov. Phil Murphy signed into law in May to ease time bars on certain civil suits alleging sexual offenses.

The cleanup legislation—A-5392 in the Assembly and S-4749 in the Senate—was one of 21 bills that Murphy signed into law on Aug. 9.

It will amend the state Tort Claims Act and provide for liability standards in sexual abuse lawsuits filed against public entities and public employees that are identical to standards concerning civil suits against nonprofit entities set forth in the Charitable Immunity Act.

“This particular law will apply to public entities and employees,” Sen. Joseph Vitale, D-Middlesex, the prime sponsor with Sen. Nicholas Scutari, chairman of the Senate Judiciary Committee, said in a phone call. “Any employee or any volunteer and any entities that had a hand in the abuse of children will be held accountable.

“My only sense of happiness are for the survivors and victims of abuse,” Vitale said. “This is about them.”

Under the new law, the TCA will provide that: “Any immunity from civil liability granted to a public entity … or public employee shall not apply to an action at law claiming that a willful, wanton or grossly negligent act of a public entity or public employee resulted in 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:61B-1) being committed against a person.”

It will also provide: “Any immunity from civil liability granted to a public entity shall not apply to an action at law claiming that the negligent hiring, supervision, or retention of any public employee resulted in 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) being committed against a minor under the age of 18.”

The Senate measure, before passing the committee, was amended to say specifically that immunity provided by the TCA isn’t applicable in cases of willful, wanton or reckless conduct, or negligent hiring or supervision. And “thus any available immunity from some other source of law could be raised by public entities and public employees as a defense to any such lawsuits,” the amended bill’s statement says.

The amended measure passed the Senate Judiciary Committee in June after receiving approval from the counterpart Assembly committee in May. It was approved in floor votes in both chambers in June.

Sponsors call it “the cleanup piece” to S-477. It was legislation the governor specifically requested. Murphy, when signing S-477, pointed out that the phrasing ”a public entity is liable” for sexual misconduct provided for no standard of proof and potentially exposed such entities to expanded liability.

S-3749/A-5392 is to take effect on Dec. 1, 2019, the same effective date as the new statute of limitations bill.

The signing of S-477 by the governor on May 13 significantly extends the statute of limitations for sexual abuse claims in various ways, including by creating a two-year filing window for sexual abuse claims that would otherwise be time-barred by the statute of limitations that goes into effect on the bill’s enactment on Dec. 1.

“[The legislation] will extend the statute of limitations for civil actions by a child or adult victim and will give them the critical time they may need to get necessary healthcare treatment, medically, emotionally or mentally,” said Assemblywoman Carol Murphy, D-Burlington, a sponsor of the main bill signed earlier this year, in an email. “This is incredibly important for victims of sexual assault as the trauma of an assault can make it difficult for victims to come to [the] realization of the assault, understand the assault, seek treatment or come forward and pursue legal action against their attackers. I’m proud to be a co-prime sponsor of this legislation that ensures that the victim has the tools they need to heal and pursue their legal right.”