This bill amends various sections of the Code of West Virginia to enhance the legal framework addressing human trafficking and introduce provisions related to human smuggling. It defines "illegal alien" and stipulates that such individuals are ineligible for restitution, except for specific medical and transportation expenses. The legislation broadens the scope of existing laws to include human smuggling, which is defined as knowingly transporting or harboring an illegal alien to evade law enforcement. The bill establishes stricter penalties for trafficking and smuggling offenses, particularly for those involving minors or coercion in sexual servitude, and clarifies that each victim represents a separate offense. It also allows for the seizure of vehicles used in these crimes and states that individuals convicted of offenses involving minors are not eligible for parole.

Additionally, the bill introduces amendments concerning restitution for victims, particularly in cases involving minors and sex trafficking. It allows for the enforcement of restitution judgments by the state or victims, including the filing of liens against offenders. Restitution must be ordered even if the victim is unavailable, and unclaimed restitution after five years will go to the Crime Victims Compensation Fund. The bill provides immunity for minors charged with prostitution if they are identified as victims of sex trafficking, presuming them to be abused children eligible for child welfare services. It also exempts medical, mental health, and legal service providers from legal repercussions related to the immigration status of their clients when serving illegal aliens.

Statutes affected:
Introduced Version: 61-14-1, 61-14-2, 61-14-7
Committee Substitute: 61-14-1, 61-14-2, 61-14-3, 61-14-4, 61-14-5, 61-14-6, 61-14-7, 61-14-8, 61-14-9
Engrossed Committee Substitute: 61-14-1, 61-14-2, 61-14-3, 61-14-4, 61-14-5, 61-14-6, 61-14-7, 61-14-8, 61-14-9