SB-0590, As Passed Senate, February 18, 2014
October 3, 2013, Introduced by Senators PROOS, WARREN, ANDERSON, HOPGOOD, YOUNG, ANANICH, GREGORY, BIEDA, ROBERTSON, PAPPAGEORGE, CASPERSON, MOOLENAAR, BRANDENBURG, MARLEAU, ROCCA, MEEKHOF, CASWELL, JANSEN, HANSEN, BOOHER, COLBECK, JONES, EMMONS, HILDENBRAND, PAVLOV, KAHN and RICHARDVILLE and referred to the Committee on Families, Seniors and Human Services.
A bill to provide remedies for the victims of human
trafficking.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1. This act shall be known and may be cited as the "human
trafficking victims compensation act".
Sec. 2. As used in this act, "victim" means a victim of a
violation of chapter LXVIIA of the Michigan penal code, 1931 PA
328, MCL 750.462a to 750.462j.
Sec. 3. (1) A person who violates chapter LXVIIA of the
Michigan penal code, 1931 PA 328, MCL 750.462a to 750.462j, is
liable to the victim of the violation for economic and noneconomic
damages that result from the violation, including, but not limited
to, all of the following:
(a) Physical pain and suffering.
(b) Mental anguish.
(c) Fright and shock.
(d) Denial of social pleasure and enjoyments.
(e) Embarrassment, humiliation, or mortification.
(f) Disability.
(g) Disfigurement.
(h) Aggravation of a preexisting ailment or condition.
(i) Reasonable expenses of necessary medical or psychological
care, treatment, and services.
(j) Loss of earnings or earning capacity.
(k) Damage to property.
(l) Any other necessary and reasonable expense incurred as a
result of the violation.
(2) A victim is entitled to damages under subsection (1) to
the extent the victim has sustained the damages, regardless of
whether the victim suffered any physical injury as a result of the
violation.
(3) A victim is entitled to damages under subsection (1)
regardless of whether the damages sustained were foreseeable to the
violator.
(4) A victim is entitled to damages under subsection (1)
regardless of whether the violator was charged with or convicted of
a violation of chapter LXVIIA of the Michigan penal code, 1931 PA
328, MCL 750.462a to 750.462j.
Sec. 4. An action to recover damages under section 3 must be
filed within 3 years after the last violation that is the subject
of the action occurred.
Sec. 5. This act does not affect any right that a victim has
to recover damages under other law.