BILL ANALYSIS ------------------------------------------------------------ |SENATE RULES COMMITTEE | SB 1285| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ------------------------------------------------------------ CONSENT Bill No: SB 1285 Author: Steinberg (D) Amended: 4/29/10 Vote: 21 SENATE JUDICIARY COMMITTEE : 4-0, 5/4/10 AYES: Corbett, Harman, Hancock, Leno NO VOTE RECORDED: Walters SUBJECT : Human trafficking: punitive damages SOURCE : Author DIGEST : This bill clarifies the evidentiary standard for awarding punitive damages to victims of human trafficking. ANALYSIS : Existing federal law establishes the crimes of kidnapping in interstate or foreign commerce, peonage, slavery, and trafficking in persons, and provides for criminal and civil penalties. (18 U.S.C. Sections 1201, and 1581-1595) Existing federal law, the Victims of Trafficking and Violence Protection Act of 2000, acknowledges the crime of human trafficking, and delineates various federal actions to combat trafficking, punish perpetrators, and provides services to victims of trafficking. (22 U.S.C. Section 7100, et seq.) Existing state law makes human trafficking a crime. CONTINUED SB 1285 Page 2 (Section 236.1 of the Penal Code) Existing state law, the California Trafficking Victims Protection Act, allows a victim of human trafficking to bring a civil action for actual damages, compensatory damages, punitive damages, injunctive relief, or any other appropriate relief. (Section 52.5 of the Civil Code) Existing state law provides an award of punitive damages upon proof of clear and convincing evidence that a defendant has been guilty of malice, fraud, or oppression. (Section 3294 of the Civil Code) Existing state law provides a definition for duress as applied to human trafficking. (Section 236.1(d)(2) of the Penal Code) This bill clarifies that a plaintiff will have to prove by clear and convincing evidence that a defendant acted with malice, oppression, fraud, or duress in committing an act of human trafficking against the plaintiff in order to be awarded punitive damages. FISCAL EFFECT : Appropriation: No Fiscal Com.: No Local: No ARGUMENTS IN SUPPORT : The author writes: "Civil Code Section 52.5's provision regarding the possible award of punitive damages is imprecise and may be confusing to the public. This bill would bring clarity to the provision. "Section 52.5 appears to set forth an additional ground for punitive damages not set forth in Civil Code Section 3294. However, upon review, that apparent additional ground, 'duress,' as enacted in AB 22 as part of Penal Code Section 236.1, is already covered by the current punitive damages law. "'Duress,' as added by AB 22, 'includes knowingly destroying, concealing, removing, confiscating, or possessing any actual or purported passport or immigration document of the victim.' SB 1285 Page 3 "While Section 3294 does not specifically set forth 'duress' as a basis for a punitive damages award, the definition of duress as established by AB 22 fits within the definitions of malice, oppression, and fraud, the current bases for a punitive damages award. Clearly, conduct defined as duress qualifies as conduct intended to cause injury to the plaintiff (malice); or is despicable and subjects the victim to unjust hardship (oppression). Further, the intentional concealment, removal, or destruction of the victim's passport or immigration documents is a concealment of a material fact with the intent to deprive the victim of property or legal rights or otherwise cause injury (fraud). ? "This bill would harmonize the provisions of Civil Code Section 52.5 with existing law, by clearly stating the evidentiary standard for awarding punitive damages to reflect existing law." RJG:mw 5/6/10 Senate Floor Analyses SUPPORT/OPPOSITION: NONE RECEIVED **** END ****