Act No. 339

Public Acts of 2014

Approved by the Governor

October 15, 2014

Filed with the Secretary of State

October 16, 2014

EFFECTIVE DATE: January 14, 2015

STATE OF MICHIGAN

97TH LEGISLATURE

REGULAR SESSION OF 2014

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

ENROLLED SENATE BILL No. 590

AN ACT 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 750.462h.

Sec. 3. (1) A person who violates chapter LXVIIA of the Michigan penal code, 1931 PA 328, MCL 750.462a to 750.462h, 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 750.462h.

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.

Enacting section 1. This act takes effect 90 days after the date it is enacted into law.

Enacting section 2. This act does not take effect unless House Bill No. 5234 of the 97th Legislature is enacted into law.

This act is ordered to take immediate effect.

Secretary of the Senate

Clerk of the House of Representatives

Approved

Governor