Bill Text: NJ A1222 | 2022-2023 | Regular Session | Amended
Bill Title: Provides for civil actions against persons or entities profiting from commission of human trafficking offenses, or maintaining victims of such offenses.
Spectrum: Moderate Partisan Bill (Democrat 12-3)
Status: (Introduced - Dead) 2023-12-07 - Substituted by S1211 [A1222 Detail]
Download: New_Jersey-2022-A1222-Amended.html
STATE OF NEW JERSEY
220th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2022 SESSION
Sponsored by:
Assemblywoman ELIANA PINTOR MARIN
District 29 (Essex)
Assemblyman RAJ MUKHERJI
District 33 (Hudson)
Assemblywoman ELLEN J. PARK
District 37 (Bergen)
Co-Sponsored by:
Assemblywomen Chaparro, Timberlake, Speight, McKnight and Dunn
SYNOPSIS
Provides for civil actions against persons or entities profiting from commission of human trafficking offenses, or maintaining victims of such offenses.
CURRENT VERSION OF TEXT
As reported by the Assembly Judiciary Committee with technical review.
An Act concerning civil actions by persons injured as a result of the commission of human trafficking offenses, and amending P.L.2013, c.51.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 4 of P.L.2013, c.51 (C.2C:13-8.1) is amended to read as follows:
4. a. Any person injured, including injury due to the loss of moneys or property, real or personal, as a result of the commission of [by an actor and all those acting in concert with that actor who committed] a human trafficking offense in violation of section 1 of P.L.2005, c.77 (C.2C:13-8), or section 5 of P.L.2013, c.51 (C.2C:13-9), may bring a civil action in any court of competent jurisdiction against: (1) the [actor and] offender; (2) all those acting in concert with that [actor] offender; (3) all those knowingly deriving a pecuniary benefit from the offense, whether or not these parties are acting in concert with the offender; and (4) all those knowingly maintaining any victim of the offense, whether or not these parties are acting in concert with the offender. A civil action brought under this section shall not preclude the application of any other civil, administrative, or criminal remedy under any other provision of law.
b. (1) The standard of proof in a civil action brought pursuant to this section is a preponderance of the evidence, and the fact that a prosecution against the offending actor is not instituted or, whenever instituted, terminates without a conviction, shall not preclude a civil action.
(2) A final judgment rendered in favor of the State in any criminal proceeding shall estop the defendant from denying the same conduct in any civil action brought pursuant to this section.
c. In any civil action brought pursuant to this section, the court shall, in addition to any other appropriate legal or equitable relief, including damages for pain and suffering, recovery of reasonable costs for necessary medical, dental, and psychological services and punitive damages, award damages in an amount that is the greater of:
(1) the gross income or value to the defendant of the injured party's labor or services; or
(2) the value of the injured
party's labor or services as determined by the "New Jersey Prevailing Wage
Act," P.L.1963, c.150 (C.34:11-56.25 et seq.), the "New Jersey State
Wage and Hour Law," P.L.1966, c.113 (C.34:11-56a et seq.), the Seasonal
Farm Labor Act, P.L.1945, c.71 (C.34:9A-1 et seq.), the laws
concerning the regulation of child labor in chapter 2 of Title 34 of the
Revised Statutes, or any other applicable State law, and the "Fair Labor
Standards Act of 1938," 29 U.S.C. s.201 et seq., or any other applicable
federal law.
d. In addition to any damages, penalty, injunction, or other appropriate relief awarded in an action brought pursuant to this section, the court may award to the injured person bringing suit reasonable attorney's fees and costs.
(cf: P.L.2013, c.51, s.4)
2. This act shall take effect immediately.
