2A:32C-9 Immunity from civil liability; limitations on bringing an action.

267 words·~1 min read·/nj/title-2a/chapter-32c/2a-32c-9

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

9. a. No member of the Legislature, member of the Judiciary, or senior Executive branch official may be civilly liable if the basis for an action is premised on evidence or information known to the State when the action was brought.

b. A person may not bring an action under this act based upon allegations or transactions that are the subject of a civil suit or administrative civil monetary penalty proceeding to which the State is already a party.

c. The court shall dismiss an action or claim under this act, unless opposed by the Attorney General, if substantially the same allegations or transactions as alleged in the action or claim were publicly disclosed in a criminal, civil, or administrative hearing in which the State or an agent of the State is a party, in an investigation, report, hearing or audit conducted by the Legislature or by the news media, unless the action is brought by the Attorney General, or unless the person bringing the action is an original source of the information. For purposes of this subsection, the term "original source" means an individual who either

(1)prior to a public disclosure as described in this paragraph has voluntarily disclosed to the State the information on which allegations or transactions in a claim are based, or

(2)has knowledge that is independent of and materially adds to the publicly disclosed allegations or transactions, and who has voluntarily provided the information to the State before filing an action under this act.

d. (Deleted by amendment, P.L.2023, c.73)

L.2007, c.265, s.9; amended 2009, c.265, s.3; 2023, c.73, s.6.