SF 1212

as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 02:19am

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 a cause of action against a person who violates
section 609.282, 609.283, or 609.322. The court may award damages, including punitive
damages, reasonable attorney fees, and other reasonable litigation costs. A victim who
prevails in an action brought under this section is entitled to a minimum of $20,000 in
damages, regardless of the amount of actual damages proved, plus costs, disbursements,
punitive damages, and reasonable attorney fees. No criminal action needs to be filed or
pending arising out of the same occurrence in order for damages under this section to be
assessed.
new text end

new text begin (b) 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 (c) 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new text begin Minnesota Statutes 2008, section 609.284, subdivision 2, new text end new text begin is repealed.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