HB 4433
Prohibiting Human Smuggling and Trafficking
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- Passed House of Delegates
- Passed Senate
- To Governor
- Became Law
Bill overview
This bill creates and strengthens criminal penalties for human smuggling and trafficking in West Virginia. It defines key terms like ‘coercion,’ ‘debt bondage,’ and ‘forced labor,’ and establishes offenses for smuggling adults and minors, as well as for using forced labor or sexual servitude. The bill also authorizes asset forfeiture in certain circumstances and includes provisions regarding restitution and parole eligibility for offenders. Notably, it creates an exemption for medical, mental health, and legal services provided to undocumented individuals.
Key provisions
- Defines ‘human smuggling,’ ‘human trafficking,’ ‘debt bondage,’ ‘forced labor,’ and ‘commercial sexual activity.’
- Creates new felony offenses for smuggling adults and minors, and for trafficking individuals through coercion, debt bondage, or forced labor.
- Establishes criminal penalties, including potential prison sentences and fines, for trafficking and smuggling offenses.
- Authorizes asset forfeiture of property used in connection with trafficking or smuggling crimes.
- Provides for restrictions on parole eligibility for offenders convicted of trafficking or smuggling.
- Creates an exemption for medical, mental health, and legal services provided to undocumented individuals.
- Addresses restitution obligations for victims of trafficking or smuggling.
- Establishes a rebuttable presumption of victimhood for minors involved in sex trafficking cases.
Who is affected
- Undocumented immigrants
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