Virginia 2023 Regular Session

Virginia House Bill HB1374

Introduced
10/13/22  
Refer
10/13/22  
Report Pass
1/27/23  
Engrossed
2/1/23  
Refer
2/3/23  
Report Pass
2/20/23  
Enrolled
3/7/23  
Chaptered
3/23/23  

Caption

Civil action for trafficking in persons; charge or conviction not required.

Impact

The introduction of HB 1374 is intended to enhance protections for victims of trafficking under Virginia law. By permitting civil actions without necessitating a charge or conviction, the bill lowers legal barriers for victims to pursue justice and financial restitution. The seven-year timeframe for filing a lawsuit after the offense, or after the victim reaches adulthood, is particularly significant as it recognizes the prolonged trauma that victims may experience. This legislation aligns with broader efforts to combat trafficking and support victim recovery in the state.

Summary

House Bill 1374 aims to amend Virginia's existing laws concerning civil actions for trafficking in persons. Specifically, the bill allows individuals injured due to violations related to trafficking and other serious offenses to file civil lawsuits to recover compensatory and punitive damages, along with reasonable attorney fees and costs. This legal framework is designed to empower victims of trafficking and related offenses, providing them the opportunity to seek justice and compensation, regardless of whether criminal charges have been filed against the alleged offenders.

Sentiment

The sentiment surrounding HB 1374 appears to be largely positive among legislators and advocates for victims' rights. Proponents commend the bill as a crucial step towards holding offenders accountable and providing necessary support to survivors of trafficking. However, there may be underlying concerns regarding the potential legal ramifications and the bill's implementation, which could lead to discussions about its efficacy and the adequacy of resources for victims pursuing these civil actions.

Contention

Notable points of contention may arise around the implications of allowing civil actions without a corresponding criminal conviction. Critics might argue about the risk of false claims and the potential for overburdening the legal system. Moreover, there may be discussions regarding the effectiveness of this bill in genuinely providing justice for victims versus becoming a tool for further legal disputes. Overall, the bill reflects ongoing debates about victim rights, accountability, and the appropriate mechanisms for addressing severe violations of personal rights.

Companion Bills

No companion bills found.

Previously Filed As

VA HB633

Forced labor or service; civil action for trafficking, penalties.

VA HB1885

Organized retail theft; establishes as a crime, report, penalty.

VA SB1396

Organized retail theft; establishes as a crime, report, penalty.

VA HB209

Organized retail theft; repeals crime and Organized Retail Crime Fund.

VA HB617

Discretionary sentencing guidelines; prior convictions and juvenile adjudications.

VA HB1150

Commercial sex trafficking, prostitution, etc.; mistake of age defense.

VA HB526

Victims of human trafficking; eligibility for in-state tuition.

VA SB921

Sex offenses; prohibiting proximity to children and school property, penalty.

VA HB2263

Sex offenses; prohibiting proximity to children and school property, penalty.

VA SB1092

Address Confidentiality Program; removal of Program participant, penalty.

Similar Bills

No similar bills found.