BILL ANALYSIS                                                                                                                                                                                                    



                                                                       



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          |SENATE RULES COMMITTEE            |                  SB 1285|
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                                    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.   
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                                                              SB 1285
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          (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  
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            "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

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