This bill amends the Code of West Virginia to address human trafficking and human smuggling by introducing a definition for "illegal alien" and clarifying the legal implications surrounding their involvement in these crimes. The bill specifies that an "illegal alien" is someone who has entered the United States illegally or has fallen out of legal status. It also establishes that individuals or entities that transport illegal aliens are engaged in human trafficking. Additionally, the bill modifies the definitions of coercion and forced labor, ensuring that certain actions by parents or guardians towards minors for lawful purposes are not classified as coercion.

Furthermore, the bill stipulates that illegal aliens are not eligible for restitution in cases of human trafficking or smuggling, and instead, restitution must be paid to the state of West Virginia. It outlines penalties for trafficking or smuggling adults and minors, with increased prison terms and fines for those convicted. The bill also includes provisions for the forfeiture of property used in violations of the law and ensures that the definitions and penalties align with the state's commitment to combat human trafficking while adhering to federal law.

Statutes affected:
Introduced Version: 61-14-1, 61-14-2, 61-14-7