This bill amends various sections of the Code of West Virginia to enhance the legal framework against human trafficking and introduce provisions concerning human smuggling. It defines "illegal alien" and stipulates that individuals in this category are not eligible for restitution, except for certain medical and transportation expenses. The bill expands the law to include human smuggling, which is defined as knowingly transporting or harboring an illegal alien to evade law enforcement. It establishes penalties for trafficking and smuggling offenses, with increased prison terms for those convicted of trafficking minors or using coercion in sexual servitude. Additionally, it modifies existing penalties for trafficking and forced labor, particularly for minors, and introduces provisions for the seizure and forfeiture of vehicles involved in these crimes.

Moreover, the bill addresses restitution for victims of crimes, particularly minors and prostitution-related offenses, allowing for the enforcement of judgment orders by the state or victims and the filing of liens against those ordered to pay restitution. It mandates that courts order restitution even if the victim is unavailable, with unclaimed funds redirected to the Crime Victims Compensation Fund after five years. The bill also provides immunity for minors charged with prostitution if they are identified as trafficking victims, presuming them to be abused children eligible for child welfare services. Additionally, it exempts medical, mental health, and legal service providers from the article's application when serving illegal aliens, ensuring they can fulfill their professional duties without legal repercussions related to immigration status.

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