MISSISSIPPI LEGISLATURE
2022 Regular Session
To: Judiciary, Division A
By: Senator(s) McCaughn, Boyd, Barnett, Hill, Parks, Jackson (11th), Tate, McLendon, McMahan, Barrett, Caughman, Parker, Branning, Moran, McDaniel, Blackwell, Younger, Sojourner, Chism, Butler (38th), Jordan
AN ACT TO CREATE A CIVIL CAUSE OF ACTION FOR ENGAGING IN HUMAN TRAFFICKING OR INTENTIONALLY AND KNOWINGLY BENEFITTING FROM PARTICIPATION IN HUMAN TRAFFICKING; TO DEFINE TERMS; TO PROVIDE THAT A DEFENDANT WHO ENGAGES IN HUMAN TRAFFICKING OR WHO INTENTIONALLY OR KNOWINGLY BENEFITS FROM PARTICIPATING IN A VENTURE THAT TRAFFICS ANOTHER PERSON IS LIABLE TO THE PERSON TRAFFICKED FOR DAMAGES ARISING FROM THE TRAFFICKING OF THAT PERSON BY THE DEFENDANT OR VENTURE; TO PROVIDE FOR SHAREHOLDER OR MEMBER LIABILITY; TO PROVIDE FOR JOINT LIABILITY; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. For purposes of this act, the following words shall have the meanings ascribed herein unless the context requires otherwise:
(a) "Human trafficking" means the actions that constitute an offense under Section 97-3-54.1 or 97-3-54.3.
(b) "Venture" shall have the meaning defined in Section 97-3-54.4(r).
SECTION 2. (1) A defendant who engages in human trafficking or who intentionally or knowingly benefits from participating in a venture that traffics another person is liable to the person trafficked, as provided by this act, for damages arising from the trafficking of that person by the defendant or venture.
(2) It is not a defense to liability under this chapter that a defendant has been acquitted or has not been prosecuted or convicted under Section 97-3-54.1 or Section 97-3-54.4, or has been convicted of a different offense or of a different type or class of offense, for the conduct that is alleged to give rise to liability under this act.
(3) The cause of action created by this section is cumulative of any other remedy provided by common law or statute.
SECTION 3. (1) This act applies to a legal entity governed by Title 79 of the Mississippi Code of 1972.
(2) Notwithstanding any provision of Title 79 of the Mississippi Code of 1972, if a legal entity described by subsection (1) of this section is liable under Section 2 of this act, a shareholder or member of that entity is jointly and severally liable with the entity to the person trafficked for damages arising from the trafficking of that person if the person demonstrates that the shareholder or member caused the entity to be used for the purpose of trafficking that person and did traffic that person for the direct personal benefit of the shareholder or member.
SECTION 4. (1) A claimant who prevails in a suit under this chapter shall be awarded:
(a) Actual damages, including damages for mental anguish even if an injury other than mental anguish is not shown;
(b) Court costs; and
(c) Reasonable attorney's fees.
(2) In addition to an award under subsection (1) of this section, a claimant who prevails in a suit under this chapter may recover punitive damages under Section 11-1-65.
SECTION 5. A person who engages in human trafficking or who intentionally or knowingly benefits from participating in a venture that traffics another person and is found liable under this act or other law for any amount of damages arising from the trafficking is jointly liable with any other defendant for the entire amount of damages arising from the trafficking.
SECTION 6. This act shall be liberally construed and applied to promote its underlying purpose to protect persons from human trafficking and provide adequate remedies to victims of human trafficking.
SECTION 7. This act shall take effect and be in force from and after July 1, 2022.