The bill amends various sections of the Code of West Virginia to strengthen laws against human trafficking and introduce provisions related to human smuggling. It includes a new definition for "illegal alien," stating that these individuals are not eligible for restitution, except for certain medical and transportation expenses. The legislation expands existing human trafficking laws to encompass human smuggling, establishing new definitions and increased penalties for those who knowingly transport illegal aliens. Additionally, the bill raises penalties for trafficking and smuggling offenses, specifying terms of imprisonment for both adults and minors involved in these crimes. It also introduces provisions addressing coercion, forced labor, and debt bondage, clarifying that each victim represents a separate offense and that individuals convicted of trafficking minors are ineligible for parole.

Moreover, the bill outlines amendments regarding restitution for crime victims, particularly minors involved in prostitution-related offenses. It allows for the enforcement of restitution judgments by the state or the victim and mandates that restitution be ordered even if the victim is unavailable. If unclaimed within five years, the funds will go to the Crime Victims Compensation Fund. The bill provides immunity for minors charged with prostitution if they are identified as trafficking victims and presumes them to be abused children eligible for child welfare services. It also exempts medical, mental health, and legal service providers from liability when assisting illegal aliens in specific legal matters, includes provisions for property forfeiture related to law violations, and establishes debarment from government contracts for those convicted of such offenses.

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