HB 5031 — Relating to human trafficking

WEST VIRGINIA LEGISLATURE REGULAR SESSION IntroducedCommittee Substitute for House Bill 5031 By Delegates Ridenour, Kirby, Phillips, Steele, Foster, Kimble, Hillenbrand, Householder, Gearheart, Mallow, and Martin [Introduced[Originating Januaryin 23,the 2024;Committee on the Judiciary;

ReferredReported toon theFebruary Committee19, on2024] theCS Judiciary]for Intr HB 2024R2073A5031 A BILL to amend and reenact §61-14-1§61-14-1, §61-14-2, and §61-14-7 of the Code of West Virginia, 1931, as amended, all relating to human trafficking, adding a definition for "illegal alien";

HUMAN TRAFFICKING.TRAFFICKING AND HUMAN SMUGGLING.

As used in this article, "coercion" does not include statements or actions made by a duly authorized state or federal law-enforcement officer as part of a lawful law enforcement investigation or undercover action.action, nor does it mean the physical restraint of a minor, or the threat of physical restraint to a minor, by his or her parents, legal custodian or legal guardian if conducted in an otherwise lawful manner and for the purpose of discipline, supervision, or teaching.

1 CS for HB 5031 (3) "Commercial sexual activity" means sexual activity for which anything of value is given to, promised to, or received by a person.

Intr HB 2024R2073A (A) Commercial sexual activity, including sexual activity, in payment toward or satisfaction of a real or purported debt;

As applied in this article, forced labor shall not include labor, work, or services provided by a minor to the minor’s parent, legal custodian, or legal guardian, so long as the legal guardianship or custody of the minor was not obtained for the purpose of compelling the minor to participate in CS for HB 5031 commercial sex acts or sexually explicit performance, or perform forced labor or services;

nor shall it include physical restraint of a minor, or the threat of physical restraint to a minor, by his or her parents, legal custodian or legal guardian if conducted in an otherwise lawful manner and for the Intr HB 2024R2073A purpose of discipline, supervision, or teaching.

(6) "Human trafficking",Smuggling", "trafficking","smuggling", or "traffics""smuggles" meansmeans, knowinglywith recruiting,actual transporting,knowledge transferring,that harboring,the receiving,persons providing,being obtaining,transported isolating,or maintaining,harbored orare enticingillegal analiens, individualeither toknowingly traveltransporting toillegal aaliens location,into includingthe actionsState intendedof toWest engageVirginia inor debttransporting bondage,and forcedharboring labor,illegal oraliens sexualalready servitude.in the State of West Virginia.

Human smuggling does not include any person hired by another state who transports an illegal alien through West Virginia, so long as the illegal alien will not remain in West Virginia.

(6) "Human trafficking", "trafficking", or "traffics" means knowingly recruiting, transporting, transferring, harboring, receiving, providing, obtaining, isolating, maintaining, or enticing an individual to engage in debt bondage, forced labor, or sexual servitude.

CS for HB 5031 (11) "Person" means an individual, estate, business or nonprofit entity, or other legal entity.

(13) "Sexual activity" means sexual contact, sexual intercourse, or sexual intrusion, as Intr HB 2024R2073A defined in §61-8b-1 of this code, or sexually explicit conduct, as defined in §61-8-1 of this code.

§61-14-2.

Human trafficking or smuggling of an individual;

aiding and abetting human trafficking or smuggling;

penalties.

(a) Any person who knowingly and willfully traffics or smuggles an adult, or who knowingly and willfully aids, assists, or abets in any manner in the trafficking or smuggling of an adult, is guilty of a felony and, upon conviction, shall be confined in a state correctional facility for not less than three nor more than 15 years, fined not more than $200,000, or both confined and fined.

(b) Any person who knowingly and willfully traffics or smuggles a minor, or who knowingly and willfully aids, assists, or abets in any manner in the trafficking or smuggling of a minor, is guilty of a felony and, upon conviction, shall be confined in a state correctional facility for not less than five nor more than 20 years, fined not more than $300,000, or both confined and fined.

CS for HB 5031 (a) Separate violations.

(b) AnyAggravating individualcircumstance. or entity that transports illegal aliens into West Virginia is engaged in human trafficking.

(b) (c) Aggravating circumstance.

(A) the The individual recruited, enticed or obtained the victim of the offense from a shelter or facility that serves runaway youths, children in foster care, the homeless or victims of human trafficking, domestic violence or sexual assault;assault.

and(A) The individual recruited, enticed or (B)obtained Thethe victim of the offense from a shelter or facility that serves runaway youths, children in foster care, the homeless or victims of human smuggling:trafficking, domestic violence or sexual assault;

(i)or Was(B) committedThe usinghuman atrafficking deadly weapon or bysmuggling: the threat of use of a deadly weapon;

(ii)(i) CausedWas bodilycommitted harmusing a deadly weapon or disfigurementthe tothreat individualsof beinguse smuggled;of a deadly weapon;

or(ii) (iii) Caused individualsbodily beingharm smuggled to become a victim of a sex offense, or (iv)disfigurement Causedto individuals tobeing committrafficked toor sexualsmuggled; servitude.

Intr(iii) HBCaused 2024R2073Aindividuals (c)being (d)trafficked Restitution.or smuggled to become a victim of a sex offense;

—or (1)(iv) TheCaused courtindividuals shall order a person convicted of an offense under this article to paycommit restitution to thesexual victimservitude. of the offense or to the State of West Virginia.

(c) Restitution.

— (1) The court shall order a person convicted of an offense under this article to pay restitution to the victim of the offense, or if the victim of the offense is an illegal alien, to the state.

CS for HB 5031 (3) The court shall order restitution under subdivision (1) of this subsection even if the victim is unavailable to accept payment of restitution.

(d) (e) Eligibility for Compensation Fund.

— Notwithstanding the definition of victim in §14-§14-2A- 2A-33 of this code, a victim of any offense under this article is a victim for all purposes of §14-2A-1 et seq.

(e) (f) Law Enforcement Notification.

— Should If a law-enforcement officer encounter encounters a child who reasonably appears to be a victim of an offense under this article, the officer shall notify the Department of Health and Human Resources.Services.

If available, the Department of Health and Human ResourcesServices may notify the Domestic Violence Program serving the area where the child is found.

– Intr HB 2024R2073A (1) The following are declared to be contraband and no person shall have a property interest in them:

CS for HB 5031 (3) Forfeiture actions under this section shall use the procedure set forth in §60A-7-1 et seq.