HF 1140

as introduced - 88th Legislature (2013 - 2014) Posted on 03/04/2013 01:53pm

A bill for an act
relating to civil actions; modifying civil liability for labor and sex trafficking
crimes; allowing prosecutor to seek injunctive relief; proposing coding for new
law in Minnesota Statutes, chapter 299A; repealing Minnesota Statutes 2012,
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, 609.322, or 609.324. 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, 2013, and applies to causes
of action arising on or after that date.
new text end

Sec. 2.

new text begin [299A.7945] HUMAN TRAFFICKING; INJUNCTION.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For purposes of this section, the following terms
have the meanings provided.
new text end

new text begin (b) "Trafficking or trafficking-related activity" means conduct that would violate
section 609.282, 609.283, 609.322, or 609.324.
new text end

new text begin (c) "Place" has the meaning given in section 617.91, subdivision 5.
new text end

new text begin (d) "Owner" has the meaning given in section 617.80, subdivision 7.
new text end

new text begin Subd. 2. new text end

new text begin Acts constituting a public nuisance. new text end

new text begin (a) For purposes of this section,
a public nuisance exists upon proof of two or more separate behavioral incidents of
trafficking or trafficking-related activity committed within a 12-month period.
new text end

new text begin (b) A county or city attorney or the attorney general may sue to enjoin a public
nuisance under this section. A person who permits, maintains, or conducts acts
constituting a public nuisance may be made a defendant in a suit. If the public nuisance
involves the use of a place, the owner or a person who is responsible for maintaining
the place on behalf of the owner may be made a defendant in the suit pursuant to the
procedures applicable to owners under sections 617.81 to 617.87.
new text end

new text begin Subd. 3. new text end

new text begin Court order. new text end

new text begin (a) If the court finds, by a preponderance of the evidence,
that a public nuisance exists under subdivision 2, the court may enter a temporary or
permanent order:
new text end

new text begin (1) enjoining a defendant in the suit from maintaining, permitting, or conducting
acts constituting a public nuisance; and
new text end

new text begin (2) imposing other reasonable requirements to prevent the defendant from engaging
in future trafficking or trafficking-related activity or to provide reimbursement of costs
directly related to the trafficking or trafficking-related activity.
new text end

new text begin (b) "Reasonable requirement" as specified in paragraph (a), clause (2), means an
injunctive limitation on behavior, associated activities, and interactions that reduces
the opportunity for trafficking and trafficking-related activity and may also include
reimbursements to the government, victims, or insurance companies for intervention or
health services that were incurred as a direct result of the public nuisance. The court in
imposing reasonable requirements must balance state interests in public safety against
constitutional freedoms.
new text end

new text begin (c) If the court finds, by a preponderance of the evidence, that a place is used in
a manner that constitutes a public nuisance on three or more occasions in a period of
not more than 12 months, the court may include in its order reasonable requirements to
prevent the use of the place for trafficking or trafficking-related activity. This may include
cancellation of any applicable lease pursuant to the procedures in section 617.85 that
may involve any tenant or lessee who has maintained or conducted the public nuisance,
or other reasonable requirements established in the order.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2013.
new text end

Sec. 3. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2012, 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, 2013.
new text end