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REFERENCE TITLE: human trafficking;
civil action; liability |
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State of
Arizona House of
Representatives Fifty-fourth
Legislature Second Regular
Session 2020 |
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HB 2624 |
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Introduced by Representatives Bolick: Biasiucci, Blackman, Carroll, Finchem,
Lieberman, Nutt, Osborne |
AN ACT
amending title
12, chapter 6, article 12, Arizona Revised Statutes, by adding section 12‑721;
relating to civil actions.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 12, chapter 6, article 12, Arizona Revised Statutes, is amended by adding section 12-721, to read:
12-721. Trafficking of persons
civil liability; applicability; remedies; joint and several liability;
definitions
A. A person who engages in the
trafficking of a person or who intentionally or knowingly benefits from participating
in a venture that traffics another person is liable to the person trafficked
for damages that arise from the trafficking of that person by the person or
venture.
B. It is not a defense to liability
under this section that the person was acquitted or has not been prosecuted for
or convicted of an offense included in title 13 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 section.
C. This section applies to any legal
entity that is governed by title 10 or 29.
D. Notwithstanding titles 10 and 29,
if a legal entity is found responsible pursuant to this section, a shareholder,
member or partner of that entity is jointly and severally liable with the
entity to the person trafficked for damages that arise from the trafficking of
that person if the person demonstrates that the shareholder, member or partner
caused the entity to be used to traffic that person for the direct personal
benefit of the shareholder, member or partner.
E. A claimant who prevails under this
section:
1. Shall be awarded actual damages,
including damages for mental anguish even if an injury other than mental
anguish is not shown, court costs and reasonable attorney fees.
2. In addition to an award under
paragraph 1 of this Subsection, may recover exemplary damages.
F. The rights and remedies provided
in this section supplement any other rights and remedies provided by law,
including common law rights.
G. A person who engages in the
trafficking of a person or who intentionally or knowingly benefits from
participating in a venture that traffics another person and is found
responsible under this section or other law for any amount of damages arising
from the trafficking is jointly liable with any other person found to be liable
for the entire amount of damages arising from the trafficking.
H. For the purposes of this section:
1. "Person" has the same
meaning prescribed in section 13-105.
2. "Traffics another
person" or "trafficking of a person" means conduct that
constitutes an offense under section 13-1306, 13-1307 or 13‑1308.