Bill Text: NJ S69 | 2018-2019 | Regular Session | Introduced
Bill Title: Provides for civil actions against persons or entities profiting from commission of human trafficking offenses, or maintaining victims of such offenses.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2018-01-09 - Introduced in the Senate, Referred to Senate Judiciary Committee [S69 Detail]
Download: New_Jersey-2018-S69-Introduced.html
Sponsored by:
Senator TROY SINGLETON
District 7 (Burlington)
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
Introduced Pending Technical Review by Legislative Counsel.
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.
STATEMENT
This bill would provide for civil actions against persons or entities knowingly profiting from the commission of human trafficking offenses, or maintaining the victims of such offenses, even though such parties are not "acting in concert" with the offender and thus not involved in any agreed-upon conspiracy with the offender. In other words, these parties could be subject to a civil suit if they are aware of human trafficking offenses and allow such offenses to continue while receiving a pecuniary benefit from such, or by maintaining the trafficking victims.
The bill thus would expand the statute providing for human trafficking civil actions, section 4 of P.L.2013, c.51 (C.2C:13-8.1), beyond its current scope, which addresses suits against any person who commits the human trafficking offense and any conspiring parties who are "acting in concert" with that person.
