Relates to a civil cause of action for human trafficking

Title of bill

An act to amend the social services law, in relation to a civil cause of action for human trafficking

Purpose

To amend the social services law, in relation to civil cause of action for human trafficking.

Summary of provisions

Section 1 of the bill amends the subdivision (c) of section 483-bb of the social services law, as added by chapter 368 of the laws of 2015 to provide as follows: an individual who is a victim of the conduct prohibited by section 230.33, 230.34, 135.35 or 135.37 of the penal law may bring civil action against the perpetrator or whoever knowingly advances or profits from the act in violation of these sections to recover actual, compensatory and punitive damages, injunctive relief, any combination of those or any other appropriate relief, as well as reasonable attorney's fees. An individual may be awarded up to three times his or her actual damages or ten thousand dollars ($10,000), whichever is greater. In addition, punitive damages may also be awarded upon proof of the perpetrator's malice, oppression, fraud, or duress in committing the act of human trafficking.

An action shall be commenced within seven years of the date on which the trafficking victim was freed from the trafficking situation or, if the victim was a minor when the act of human trafficking against the victim occurred, within ten years after the date the victim attains the age of majority. Disability will toll the running of the statute of limitations for this action. Disability includes being a minor, lacking legal capacity to make decision, imprisonment, or other incapacity or incompetence.

The perpetrator is estopped form asserting a defense of the statute of limitations when the expiration of the statute is due to conduct by such perpetrator inducing the victim to delay the filing of the action, or due to threats made by the perpetrator causing duress upon the victim. Prevailing victim may also be awarded reasonable attorney's fees and litigation costs including, but not limited to, expert witness fees and expenses as part of the costs. Restitution paid by the perpetrator to the victim shall be credited against a judgment, award or settlement obtained pursuant to an action under this subdivision.

Section 2 of the bill provides that the act shall take effect on the same date and in the same manner as section 30 of chapter 368 of laws of 2015, takes effect.

Existing law

Existing law provides only for the recovery of damages and reasonable attorney's fees.

Justification

Human trafficking is a heinous crime that should be disincentivized in every way possible. This will allow victims to recover greater damages from their perpetrators and allow them to be made as close to whole as possible.

Legislative history

New bill

Fiscal implications

None

Local fiscal implications

None

Effective date

This act shall take effect on the same date and in the same manner as section 30 of chapter 368 of the laws of 2015, takes effect.