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2016 SESSION

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16105711D
HOUSE BILL NO. 681 AMENDMENT IN THE NATURE OF A SUBSTITUTE (Proposed by the Senate Committee for Courts of Justice on February 22, 2016) (Patron Prior to Substitute--Delegate Leftwich) A BILL to amend the Code of Virginia by adding a section numbered 8.01-42.4, relating to trafficking in persons; civil action.

Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia is amended by adding a section numbered 8.01-42.4 as follows:

§ 8.01-42.4. Civil action for trafficking in persons.

A. As used in this section:

"Compensatory damages" includes damages for all of the defendant's acts prohibited under a felony provision of § 18.2-346, or under § 18.2-348, 18.2-349, 18.2-355, 18.2-356, 18.2-357, 18.2-357.1, or 18.2-368.

"Victim" means a person who was subjected to conduct that constituted trafficking in persons under a felony violation of § 18.2-346, or under § 18.2-348, 18.2-349, 18.2-355, 18.2-356, 18.2-357, 18.2-357.1, or 18.2-368, regardless of whether the perpetrator is identified, apprehended, prosecuted, or convicted.

B. A victim has a civil cause of action against the perpetrator of conduct to which the victim was subjected that is prohibited under a felony violation of § 18.2-346, or under § 18.2-348, 18.2-349, 18.2-355, 18.2-356, 18.2-357, 18.2-357.1, or 18.2-368, whether or not the perpetrator has been charged or convicted for the alleged violation, for the compensatory damages incurred by the victim as a result of that conduct, in addition to the attorney fees and costs for bringing the action. If compensatory damages are awarded, a victim may also be awarded punitive damages.

C. No action shall be commenced under this section more than seven years after the later of the date on which the victim (i) was no longer subject to conduct prohibited by a felony provision of § 18.2-346, or under § 18.2-348, 18.2-349, 18.2-355, 18.2-356, 18.2-357, 18.2-357.1, or 18.2-368 or (ii) attained 18 years of age.