Bill Text: NJ S2263 | 2012-2013 | Regular Session | Introduced
Bill Title: Establishes civil action for the crime of human trafficking.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2012-10-15 - Introduced in the Senate, Referred to Senate Judiciary Committee [S2263 Detail]
Download: New_Jersey-2012-S2263-Introduced.html
Sponsored by:
Senator JOSEPH F. VITALE
District 19 (Middlesex)
Senator LORETTA WEINBERG
District 37 (Bergen)
SYNOPSIS
Establishes civil action for the crime of human trafficking.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning human trafficking and supplementing Title 2A of the New Jersey Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. Any person who engages in conduct that is an offense under section 1 of P.L.2005, c.77 (C.2C:13-8), human trafficking, commits a civil offense. This civil action is available whether or not the conduct has been prosecuted as an offense under the provisions of Title 2C of the New Jersey Statutes and whether or not any such prosecution has resulted in a conviction.
b. Any person who sustains injury to person or property as a result of a violation of subsection a. of this section shall have a cause of action against the person or persons who committed the civil offense resulting in the injury. The parent or legal guardian of a person who has sustained injury as a result of a violation of subsection a. of this section may initiate a civil action on behalf of a minor child or ward.
c. The Attorney General, as parens patriae, may initiate a cause of action against any person who violates subsection a. of this section on behalf of any person or persons who have sustained injury to person or property as a result of the commission of the civil offense.
d. An action brought pursuant to P.L. , c. (C. )(pending before the Legislature as this bill) may be commenced at any time.
e. Upon proof, by a preponderance of the evidence, of a defendant's violation of subsection a. of this section and of resulting damages, the defendant shall be liable as follows:
(1) To the person or persons injured, for an award in the amount of damages incurred as a result of the commission of the civil offense, including compensatory and punitive damages and any reasonable attorney's fees and costs of the suits incurred. Compensatory damages may include, but are not limited to, damages for pain and suffering, medical expenses, emotional trauma, costs of counseling, and the gross income or value to the defendant of the victim's labor or services;
(2) To the State, in any case in which the Attorney General has participated, reasonable attorney's fees and costs of investigation and suit;
(3) Such injunctive relief as the court may deem necessary; and
(4) Any other appropriate legal or equitable relief.
f. An award entered pursuant to paragraph (1) of subsection e. of this section shall be reduced by the amount of any restitution that has been awarded for the same injury following criminal conviction, and, notwithstanding the provisions of paragraph (1) of subsection e. of this section, damages awarded for injuries that have previously been compensated by the Victims of Crime Compensation Office shall be paid to the office for deposit in the Violent Crimes Compensation Office account.
g. All fees and costs assessed for the benefit of the State pursuant to paragraph (2) of subsection e. of this section shall be paid to the State Treasurer for deposit in the "Victims of Human Trafficking Fund" established pursuant to section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill).
2. There is hereby established the "Victims of Human Trafficking Fund," a separate, non-lapsing, dedicated fund in the General Fund. This fund shall be administered by the Office of the Attorney General. Monies deposited in the fund shall be used to provide services to victims of human trafficking, including but not limited to, shelter services, legal assistance, and to provide training for law enforcement officers in the investigation and prosecution of human trafficking.
3. This act shall take effect immediately and section 1 of this bill shall apply to any action filed on or after the effective date including actions filed where the offense occurred prior to the effective date of this act.
STATEMENT
This bill establishes a civil action for the crime of human trafficking.
Currently, under the provisions of the human trafficking law, P.L.2005, c.77 (C.2C:13-8) victims of human trafficking are awarded restitution in amount which is the greater of: (1) the gross income or value to the defendant of the victim's labor or services; or (2) the value of the victim'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.) or other applicable State or federal laws. This bill enhances these existing protections for victims of human trafficking by providing for a civil remedy in addition to restitution.
Under the provisions of the bill, any person who engages in human trafficking also commits a civil offense and as such would be liable in a civil action for any injury or property damage resulting from his actions. This civil action would be available whether or not the conduct has been prosecuted as an offense and whether or not any such prosecution has resulted in a conviction. Generally, personal injury civil actions must be commenced within two years of accrual of the cause of action. This bill provides that a civil action brought pursuant to the bill may be commenced at any time.
The bill provides that any person seeking recovery for this civil offense would be entitled to damages including compensatory and punitive damages and any reasonable attorney's fees and costs of the suits incurred. Compensatory damages may include, but are not limited to, damages for pain and suffering, medical expenses, emotional trauma, costs of counseling, and the gross income or value to the defendant of the victim's labor or services. It also provides that any damages received as the result of an action brought under the bill would be reduced by the amount of any restitution that has been awarded for the same injury following a criminal conviction. The provisions of this bill concerning bringing a civil action would apply to any action filed on or after the effective date of the bill, including actions filed where the offense occurred prior to the effective date of the bill.
This bill would also authorize the Attorney General, as parens patriae, to bring an action against any person who commits this civil offense. The Attorney General may be awarded reasonable attorney's fees and costs for any case in which that office has participated.
All fees and costs assessed for the benefit of the State would be paid to the State Treasurer for deposit in the "Victims of Human Trafficking Fund" established by the bill. The newly created fund would be a separate, non-lapsing, dedicated fund in the General Fund administered by the Office of the Attorney General. Monies deposited in the fund would be used to provide services to victims of human trafficking, including but not limited to, shelter services, legal assistance services, and to provide training for law enforcement officers in the investigation and prosecution of human trafficking.
This civil action is modeled after the current civil action for bias crimes under section 1 of P.L.1993, c.137 (C.2A:53A-21).
