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FISCAL NOTE
2023 regular session
Introduced
House Bill 2252
By Delegates Steele and Kirby
[Introduced January 11, 2023; Referred to the Committee on the Judiciary]
A BILL to amend and reenact §61-14-2, §61-14-3, §61-14-4, §61-14-5, §61-14-6, §61-14-7, and §61-14-8 of the Code of West Virginia, all relating to increasing criminal penalties for human trafficking; establishing limitations on parole; and providing immunity from criminal liability for juvenile victims.
Be it enacted by the Legislature of West Virginia:
(a) Any person who knowingly and willfully traffics an adult, or who knowingly and willfully aids, assists, or abets in any manner in the trafficking of an adult, is guilty of a felony and, upon conviction, shall be confined in a state correctional facility for a determinate sentence of not less than three 15 years nor more than 15 40 years. fined not more than $200,000, or both imprisoned and fined
(b) Any person who knowingly and willfully traffics a minor, or who knowingly and willfully aids, assists, or abets in any manner in the trafficking of a minor, is guilty of a felony and, upon conviction, shall be confined in a state correctional facility for a determinate sentence of not less than five 25 years nor more than twenty 100 years. fined not more than $300,000, or both imprisoned and fined
(a) Any person who knowingly uses an adult in forced labor is guilty of a felony and, upon conviction thereof, shall be imprisoned in a state correctional facility for a determinate sentence of not less than one 15 nor more than five 40 years. fined not more than $100,000, or both imprisoned and fined
(b) Any person who knowingly uses a minor in forced labor is guilty of a felony and, upon conviction thereof, shall be imprisoned in a state correctional facility for a determinate sentence of not less than three 25 years or more than fifteen 100 years. fined not more than $300,000, or both imprisoned and fined
(a) Any person who knowingly uses an adult in debt bondage is guilty of a felony and, upon conviction thereof, shall be imprisoned in a state correctional facility for a determinate sentence of not less than one 15 nor more than five 40 years. fined not more than $100,000, or both imprisoned and fined
(b) Any person who knowingly uses a minor in debt bondage is guilty of a felony and, upon conviction thereof, shall be imprisoned in a state correctional facility for a determinate sentence of not less than one 15 years nor more than five 40 years. fined not more than $100,000, or both imprisoned and fined
(a) Any person who knowingly uses coercion to compel an adult to engage in commercial sexual activity is guilty of a felony and, upon conviction thereof, shall be imprisoned in a state correctional facility for a determinate sentence of not less than three 25 years with no maximum penalty. nor more than fifteen years, fined not more than $200,000, or both imprisoned and fined
(b) Any person who knowingly maintains or makes available a minor for the purpose of engaging the minor in commercial sexual activity is guilty of a class 1 felony and, upon conviction thereof, shall be imprisoned in a state correctional facility for a determinate sentence of not less than ten nor more than twenty years fined not more than $300,000, or both imprisoned and fined 50 years determinate with no maximum penalty.
(c) It is not a defense in a prosecution under subsection (b) of this section that the minor consented to engage in commercial sexual activity, or that the defendant believed the minor was an adult.
(a) Any person who knowingly patronizes another in commercial sexual activity and who knows that such person patronized is a victim of sexual servitude, is guilty of a felony and, upon conviction thereof, shall be imprisoned in a state correctional facility for a determinate sentence of not less than one 25 years nor more than five 100 years. fined not more than $100,000, or both imprisoned and fined
(b) Notwithstanding the provisions of subsection (a) of this section, any person who knowingly patronizes a minor to engage in commercial sexual activity and who knows or has reason to know that said minor is a victim of sexual servitude, is guilty of a felony and, upon conviction thereof, shall be imprisoned in a state correctional facility for a determinate sentence of not less than three nor more than fifteen years, fined not more than $300,000, or both imprisoned and fined 50 years with no maximum penalty.
(a) Separate violations. — For purposes of this article, each adult or minor victim constitutes a separate offense.
(b) Aggravating circumstance. —
(1) Notwithstanding any provision of this code to the contrary, if an individual is convicted of an offense under this article and the trier of fact makes a finding that the offense involved an aggravating circumstance, the individual shall not be eligible for parole before serving three years one-half of the individual’s sentence in a state correctional facility.
(2) Notwithstanding any provision of this code to the contrary, if an individual is convicted of an offense under this article in which the victim is a minor, that individual is not eligible for parole.
(2) (3) For purposes of this subsection, "aggravating circumstance" means 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.
(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.
(2) A judgment order for restitution may be enforced by the state or a victim named in the order to receive the restitution in the same manner as a judgment in a civil action in accordance with section four, article eleven-a of this chapter, including filing a lien against the person, firm or corporation against whom restitution is ordered.
(3) The court shall order restitution under subdivision (1) of this subsection even if the victim is unavailable to accept payment of restitution.
(4) If the victim does not claim restitution ordered under subdivision (1) of this subsection within five years of the entry of the order, the restitution shall be paid to the Crime Victims Compensation Fund created under §14-2A-4 of this code.
(d) Eligibility for Compensation Fund. — Notwithstanding the definition of victim in §14-2A-3 of this code, a victim of any offense under this article is a victim for all purposes of §14-2A-3 of this code: Provided, That for purposes of §14-2A-14(b) of this code, if otherwise qualified, a victim of any offense under this article may not be denied eligibility solely for the failure to report to law enforcement within the designated time frame.
(e) 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. If available, the Department of Health and Human Resources may notify the Domestic Violence Program serving the area where the child is found.
(f) Forfeiture; Debarment. –
(1) The following are declared to be contraband and no person shall have a property interest in them:
(A) All property which is directly or indirectly used or intended for use in any manner to facilitate a violation of this article; and
(B) Any property constituting or derived from gross profits or other proceeds obtained from a violation of this article.
(2) In any action under this section, the court may enter such restraining orders or take other appropriate action, including acceptance of performance bonds, in connection with any interest that is subject to forfeiture.
(3) Forfeiture actions under this section shall use the procedure set forth in article seven, chapter sixty-a of this code.
(4) Any person or business entity convicted of a violation of this article shall be debarred from state or local government contracts.
(a) In a prosecution or a juvenile prosecution proceeding for an offense of prostitution in violation of §61-8-5(b) of this code, a minor shall may not be held criminally liable if the court determines that the minor is a victim of an offense under this article: Provided, That subject to proof, a minor so charged shall be rebuttably presumed to be a victim under the provisions of this article.
(b) This section does not apply in a prosecution or a juvenile proceeding for any of the other offenses under §61-8-5(b) of this code, including specifically soliciting, inducing, enticing, or procuring another to commit an act or offense of prostitution, unless it is determined by the court that the minor was coerced into the criminal behavior.
(c) A minor who, under subsection (a) or (b) of this section, is not subject to criminal liability or adjudication as a juvenile delinquent is presumed to be an abused child, as defined in §49-1-201 of this code, and may be eligible for services under Chapter 49 of this code including, but not limited to, appropriate child welfare services including, but not limited to, comprehensive trauma-informed services that are specialized to the needs of child victims of sexual abuse and exploitation or child sex trafficking victims.
NOTE: The purpose of this bill is to increase penalties for human trafficking.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.
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