This bill amends various sections of the West Virginia Code to enhance the legal framework against human trafficking and introduce provisions concerning human smuggling. It defines "illegal alien" and specifies that such individuals are not eligible for restitution as victims of human trafficking or smuggling. The bill expands the scope of offenses to include human smuggling alongside trafficking, increasing penalties for related crimes, especially when minors are involved. New penalties for smuggling adults and minors are established, with sentences ranging from two to 20 years based on circumstances. Additionally, it clarifies that lawful actions by parents or guardians regarding minors do not constitute coercion and specifies that each victim represents a separate offense. The bill also includes provisions for the seizure and forfeiture of vehicles involved in trafficking or smuggling activities.

Moreover, the bill modifies existing laws concerning victim compensation eligibility and law enforcement notification requirements when encountering potential child victims. It ensures that victims of offenses under this article are recognized as such for all purposes and cannot be denied compensation based on failure to report within a specific timeframe. Law enforcement officers are mandated to notify the Department of Human Services if they encounter a child victim. The bill also addresses property forfeiture related to violations, declaring certain properties as contraband and outlining forfeiture procedures. Importantly, it states that minors involved in prostitution offenses cannot be held criminally liable if they are determined to be victims, establishing a rebuttable presumption of victim status and recognizing them as abused children eligible for child welfare services.

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