HF 731

1st Engrossment - 86th Legislature (2009 - 2010) Posted on 02/09/2010 01:41am

A bill for an act
relating to civil actions; modifying civil liability for labor and sex trafficking
crimes; proposing coding for new law in Minnesota Statutes, chapter 299A;
repealing Minnesota Statutes 2008, section 609.284, subdivision 2.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [299A.794] HUMAN TRAFFICKING; CIVIL LIABILITY.
new text end

new text begin (a) A trafficking victim may bring an action against a person who violates section
609.282, 609.283, or 609.322. A victim who prevails in an action brought under this
section shall be awarded the greater of actual damages, including damages for emotional
distress, or:
new text end

new text begin (1) $5,000 if the victim was trafficked for a period of less than one month;
new text end

new text begin (2) $10,000 if the victim was trafficked for a period of one month or more, but
less than three months;
new text end

new text begin (3) $15,000 if the victim was trafficked for a period of three months or more, but
less than six months;
new text end

new text begin (4) $20,000 if the victim was trafficked for a period of six months or more, but
less than one year; or
new text end

new text begin (5) $20,000 per year for each year the victim was trafficked, if the victim was
trafficked for a period of one year or more.
new text end

new text begin A victim prevailing in an action brought under this section is also entitled to an award
of punitive damages, costs, disbursements, litigation costs, and reasonable attorney fees.
new text end

new text begin (b) No criminal action needs to be filed or pending resulting from the same
occurrence for an award to be made under this section.
new text end

new text begin (c) An action for damages under paragraph (a) must be commenced not later than six
years after the cause of action arises or not later than one year from the date the trafficking
victim bringing the action is free from human traffickers.
new text end

new text begin (d) For the purposes of this section, "person" means an individual, partnership,
organization, company, association, or corporation.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2009, and applies to causes
of action arising on or after that date.
new text end

Sec. 2. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2008, section 609.284, subdivision 2, new text end new text begin is repealed.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2009.
new text end