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REFERENCE TITLE: human trafficking; liability; victim services |
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State of Arizona House of Representatives Forty-ninth Legislature First Regular Session 2009
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HB 2152 |
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Introduced by Representatives Sinema, Meyer: Campbell CH, Farley, Lujan, Waters
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AN ACT
amending title 12, chapter 6, Arizona Revised Statutes, by adding article 6; amending sections 36-2901 and 46-244, Arizona Revised Statutes; relating to human trafficking.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 12, chapter 6, Arizona Revised Statutes, is amended by adding article 18, to read:
ARTICLE 18. HUMAN TRAFFICKING
12-781. Civil liability for human trafficking; statute of limitations; definitions
A. A person who commits an offense involving human trafficking is civilly liable to the victim for actual damages, compensatory damages or punitive damages and is subject to injunctive relief or any other appropriate relief.
B. The victim may be awarded up to three times the victim's actual damages or ten thousand dollars, whichever is greater.
C. The court may award punitive damages pursuant to subsection A of this section only on a showing of malice, oppression, fraud or duress in the commission of an offense involving human trafficking.
D. A civil action brought pursuant to this section shall be commenced within:
1. Five years after the date the victim was released from the human trafficking.
2. Eight years after the victim attains eighteen years of age if the victim was a minor at the time of the human trafficking.
E. Notwithstanding subsection D of this section, the statute of limitations is tolled during the period of time in which any of the following applies:
1. The victim is under a disability.
2. The victim is delayed in filing an action because of duress or threats made to the victim by the defendant.
3. Criminal charges are pending against the victim.
4. A guardian ad litem is appointed to represent a minor or incompetent victim.
F. In an action brought under this section the court may award the successful party reasonable attorney fees, reasonable expert witness fees and costs.
G. The court shall stay an action brought under this section during the pendency of any criminal investigation or proceeding for criminal conduct against the victim involving human trafficking.
H. For the purposes of this section:
1. "Disability" includes being a minor, insanity, imprisonment, psychological trauma, cultural or linguistic isolation or other incapacity or incompetence.
2. "Human trafficking" means an offense in violation of section 13‑1306, 13‑1307 or 13‑1308.
Sec. 2. Section 36-2901, Arizona Revised Statutes, is amended to read:
36-2901. Definitions
In this article, unless the context otherwise requires:
1. "Administration" means the Arizona health care cost containment system administration.
2. "Administrator" means the administrator of the Arizona health care cost containment system.
3. "Contractor" means a person or entity that has a prepaid capitates contract with the administration pursuant to section 36‑2904 to provide health care to members under this article either directly or through subcontracts with providers.
4. "Department" means the department of economic security.
5. "Director" means the director of the Arizona health care cost containment system administration.
6. "Eligible person" means any person who is:
(a) Any of the following:
(i) Defined as mandatorily or optionally eligible pursuant to title XIX of the social security act as authorized by the state plan.
(ii) Defined in title XIX of the social security act as an eligible pregnant woman with a family income that does not exceed one hundred fifty per cent of the federal poverty guidelines, as a child under the age of six years and whose family income does not exceed one hundred thirty‑three per cent of the federal poverty guidelines or as children who have not attained nineteen years of age and whose family income does not exceed one hundred per cent of the federal poverty guidelines.
(iii) Under twenty‑one years of age and who was in the custody of the department of economic security pursuant to title 8, chapter 5 or 10 when the person became eighteen years of age.
(iv) Defined as eligible pursuant to section 36‑2901.01.
(v) Defined as eligible pursuant to section 36‑2901.04.
(b) A full‑time officer or employee of this state or of a city, town or school district of this state or other person who is eligible for hospitalization and medical care under title 38, chapter 4, article 4.
(c) A full‑time officer or employee of any county in this state or other persons authorized by the county to participate in county medical care and hospitalization programs if the county in which such officer or employee is employed has authorized participation in the system by resolution of the county board of supervisors.
(d) An employee of a business within this state.
(e) A dependent of an officer or employee who is participating in the system.
(f) Not enrolled in the Arizona long‑term care system pursuant to article 2 of this chapter.
(g) Defined as eligible pursuant to section 1902(a)(10)(A)(ii)(XV) and (XVI) of title XIX of the social security act and who meets the income requirements of section 36‑2929.
(h) A victim of an offense in violation of section 13‑1306, 13‑1307 or 13‑1308.
7. "Malice" means evil intent and outrageous, oppressive or intolerable conduct that creates a substantial risk of tremendous harm to others.
8. "Member" means an eligible person who enrolls in the system.
9. "Noncontracting provider" means a person who provides health care to members pursuant to this article but not pursuant to a subcontract with a contractor.
10. "Physician" means a person licensed pursuant to title 32, chapter 13 or 17.
11. "Prepaid capitated" means a mode of payment by which a health care contractor directly delivers health care services for the duration of a contract to a maximum specified number of members based on a fixed rate per member notwithstanding:
(a) The actual number of members who receive care from the contractor.
(b) The amount of health care services provided to any member.
12. "Primary care physician" means a physician who is a family practitioner, general practitioner, pediatrician, general internist, or obstetrician or gynecologist.
13. "Primary care practitioner" means a nurse practitioner certified pursuant to title 32, chapter 15 or a physician assistant certified pursuant to title 32, chapter 25. This paragraph does not expand the scope of practice for nurse practitioners as defined pursuant to title 32, chapter 15, or for physician assistants as defined pursuant to title 32, chapter 25.
14. "Section 1115 waiver" means the research and demonstration waiver granted by the United States department of health and human services.
15. "Special health care district" means a special health care district organized pursuant to title 48, chapter 31.
16. "State plan" has the same meaning prescribed in section 36‑2931.
17. "System" means the Arizona health care cost containment system established by this article.
Sec. 3. Section 46-244, Arizona Revised Statutes, is amended to read:
46-244. Victims of domestic violence; human trafficking; identification; referrals; waiver; definition
A. The department or its agent shall identify individuals who are victims of domestic violence or human trafficking at the time of application for or during the receipt of temporary assistance for needy families. At any time individuals shall be given the chance to identify themselves as victims of domestic violence or human trafficking. If identification and verification of victim status or abuse exist, the department shall refer the individual to appropriate available services and shall waive for up to six months, pursuant to a determination of good cause, any program work requirements.
B. For the purposes of this section, "human trafficking" means an offense in violation of section 13‑1306, 13‑1307 or 13‑1308.