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 WILLFULLY, INTENTIONALLY AND KNOWINGLY BENEFITTING FROM PARTICIPATION IN HUMAN TRAFFICKING; TO DEFINE TERMS; TO PROVIDE THAT A DEFENDANT WHO ENGAGES IN HUMAN TRAFFICKING OR WHO WILLFULLY, INTENTIONALLY AND KNOWINGLY BENEFITS FROM PARTICIPATING IN A VENTURE THAT TRAFFICKS ANOTHER PERSON IS LIABLE TO THE PERSON TRAFFICKED FOR DAMAGES PROXIMATELY CAUSED BY THE TRAFFICKING OF THAT PERSON BY THE DEFENDANT OR VENTURE; TO PROVIDE FOR SHAREHOLDER OR MEMBER LIABILITY; TO CLARIFY THAT THE OCCURRENCE OF HUMAN TRAFFICKING ON THE PROPERTY OF ONE NOT ENGAGED IN OR BENEFITTING FROM SUCH HUMAN TRAFFICKING SHALL NOT, IN AND OF ITSELF, SUBJECT THE PROPERTY OWNER TO 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" means any group of two (2) or more individuals associated in fact, whether or not a legal entity.
SECTION 2. (1) A defendant who engages in human trafficking or who willfully, intentionally and knowingly benefits from participating in a venture that trafficks another person is liable to the person trafficked, as provided by this act, for damages proximately caused by the trafficking of that person by the defendant or venture.
(2) The occurrence of human trafficking on the property of one not engaged in or benefitting from such human trafficking shall not, in and of itself, subject the property owner to liability under this act.
(3) It is not a defense to liability under this act 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.
(4) The cause of action created by this section is in addition to any other remedy provided by common law or statute.
SECTION 3. (1) A claimant who prevails in a suit under this act may be awarded:
(a) Compensatory 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 act may recover punitive damages subject to the provisions of Section 11-1-65.
SECTION 4. A person who engages in human trafficking or who willfully, intentionally and knowingly benefits from participating in a venture that trafficks another person and who is found liable under this act for any amount of damages proximately caused by the trafficking is jointly liable with any other defendant found liable under this act for the entire amount of damages proximately caused by the trafficking.
SECTION 5. 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 6. This act shall take effect and be in force from and after July 1, 2022.