House Bill 1404

AN ACT TO PROVIDE A CIVIL CAUSE OF ACTION FOR ENGAGING IN HUMAN TRAFFICKING OR INTENTIONALLY OR KNOWINGLY BENEFITTING FROM PARTICIPATION IN HUMAN TRAFFICKING; 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 and phrases shall have the meanings described herein, unless the context clearly requires otherwise:

(a) "Enterprise" shall have the meaning ascribed in Section 97-3-54.4.

(b) "Human trafficking" means the actions that constitute an offense of human trafficking under Section 97-3-54.1, and commercial sexual exploitation of children.

SECTION 2. (a) A person who engages in human trafficking or who intentionally or knowingly benefits from participating in a venture or enterprise that traffics another person shall be liable to the person trafficked as provided by this act, for damages arising from the trafficking of the person by the defendant, venture or enterprise.

(b) It shall not be a defense to liability under this act that a person has been acquitted, has not been prosecuted or convicted under Section 97-3-54.1, or has been convicted of any other offense, for the conduct that is alleged to give rise to liability under this act.

(c) The cause of action created by this section shall be exclusive of any other remedy provided by common law or statute.

SECTION 3. Any shareholder or member of that entity shall be 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

(d) In addition to an award under subsection (1), a claimant who prevails in a suit under this chapter may recover exemplary damages.

SECTION 5. A person who engages in human trafficking or who intentionally or knowingly benefits from participating in a venture or enterprise that traffics another person and is found liable under this chapter or other law for any amount of damages arising from the trafficking shall be 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.