HF 829

as introduced - 89th Legislature (2015 - 2016) Posted on 02/12/2015 02:29pm

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 604;
repealing Minnesota Statutes 2014, section 609.284, subdivision 2.

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

Section 1.

new text begin [604.191] HUMAN TRAFFICKING; PENALTIES AND REMEDIES.
new text end

new text begin Subdivision 1. new text end

new text begin Damages. 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) $20,000 per month that the victim was subjected to sex trafficking; or
new text end

new text begin (2) $15,000 per month that the victim was subjected to labor trafficking.
new text end

new text begin For purposes of this paragraph, the per month requirement is satisfied if a violation
of section 609.282, 609.283, or 609.322 occurs at least one day in that calendar month but
no more than the number of days in that calendar month.
new text end

new text begin (b) A victim prevailing in an action brought under this section is also entitled to an
award of punitive damages, costs, disbursements, litigation costs, reasonable attorney fees,
and injunctive relief pursuant to subdivision 2.
new text end

new text begin Subd. 2. new text end

new text begin Injunctive relief. new text end

new text begin An award of injunctive relief may be granted on any
terms required in the interest of justice, including, but not limited to, a prohibition against
further trafficking of a specific individual or a class of individuals. A violation of this
section is punishable by imprisonment for up to 50 years.
new text end

new text begin Subd. 3. new text end

new text begin Criminal action not necessary. new text end

new text begin 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 Subd. 4. new text end

new text begin Limitation on actions. new text end

new text begin An action for damages under subdivision 1 must
be commenced not later than six years after the cause of action arises or not later than
30 months from the date the trafficking victim bringing the action is free from human
traffickers, whichever is later.
new text end

new text begin Subd. 5. new text end

new text begin Definition; person. new text end

new text begin 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, 2015, 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 2014, section 609.284, subdivision 2, new text end new text begin is repealed effective
August 1, 2015.
new text end