HB2161 HFA Fleischauer, Rowe and Shott 2-26 #2

            Delegates Fleischauer, Rowe and Shott move to amend the bill on page seventeen, line one hundred and forty-five, by striking out all of subsection (e) and inserting in lieu thereof the following:

            “(e) A victim may bring a civil action against a person that commits an offense of human trafficking for compensatory damages, punitive damages, injunctive relief, and any other appropriate relief. The court may award compensatory damages, punitive damages, injunctive relief and any other appropriate relief. A prevailing victim is also entitled to attorney’s fees and costs. Treble damages shall be awarded on proof of actual damages where defendant's acts were willful and malicious. An action under this section must be commenced not later than ten (10) years after the later date on which the victim was freed from the human trafficking situation, or attained 18 years of age. Damages awarded to the victim under this section must be offset by any other restitution paid to the victim. This section does not preclude any other remedy available to the victim under federal law or the law of this state other than the Uniform Act on Prevention of and Remedies for Human Trafficking. ”

ADOPTED

REJECTED