SB 727: Human trafficking: civil actions.

Existing law authorizes a person who has been the victim of human trafficking to bring a civil action for damages, as specified, and also to be awarded attorneys fees and costs. Existing law authorizes a plaintiff to be awarded up to 3 times the plaintiffs actual damages or $10,000, whichever is greater.

This bill would authorize the plaintiff to seek from the court a finding that specific debts attributed to the plaintiff were incurred as a result of trafficking and without the consent of the plaintiff. The bill would authorize the court to base its finding upon evidence that a debt attributed to the plaintiff was incurred as the result of any illegal act in which the plaintiff was the victim. The bill would provide that the finding would not affect the priority of any lien or other security interest.

Existing law, the California Fair Employment and Housing Act, establishes the Civil Rights Department under the direction of an executive officer known as the Director of Civil Rights to enforce civil rights laws, including laws relating to human trafficking.

Existing law authorizes the director to bring a civil action in the name of the department, acting in the public interest, on behalf of an aggrieved person if conference, conciliation, mediation, or persuasion fails to eliminate an unlawful practice. Existing law requires the department to issue the person claiming to be aggrieved a right-to-sue notice if a civil action is not brought by the department, as specified. Existing law authorizes a court to grant relief, including awarding attorneys fees and costs and granting any relief a court is empowered to grant in a civil action, such as requiring an employer to conduct training for all employees, supervisors, and management, and assessing a civil penalty.

This bill would provide that the court may grant any relief available under any of the civil rights laws enforced by the department.

This bill would also make nonsubstantive changes to these provisions.