West Virginia 2024 Regular Session

West Virginia House Bill HB5031

Introduced
1/23/24  
Refer
1/23/24  
Engrossed
2/26/24  
Refer
2/28/24  

Caption

Relating to human trafficking

Impact

The proposed changes would have significant implications for state laws related to human trafficking, particularly in how victims are classified and compensated. By establishing that illegal aliens do not have the right to restitution, the bill raises questions about the protections and support systems available for such individuals who fall victim to trafficking. Furthermore, the focus on illegal aliens suggests a shift towards a more stringent legal framework that may influence how human trafficking cases are handled in West Virginia, especially concerning legal recourse for victims.

Summary

House Bill 5031 aims to amend specific sections of the West Virginia Code concerning human trafficking, specifically addressing the definition of 'illegal aliens' and their eligibility for restitution. The bill introduces changes that clarify what constitutes human trafficking and its various forms, such as forced labor and sexual servitude. Notably, it stipulates that illegal aliens are not entitled to restitution but may be held responsible for restitution to the state. This alteration seeks to amend existing laws to better define terms and lay out penalties for unlawful activities related to trafficking and smuggling.

Sentiment

The sentiment surrounding HB 5031 appears to be divisive. Supporters argue that the bill establishes necessary boundaries regarding the responsibilities of illegal aliens while enhancing the focus on human trafficking victims who are documented. Conversely, opponents express concern that the measures could further marginalize vulnerable populations, specifically illegal aliens who may already be hesitant to seek help from law enforcement due to fear of legal repercussions. The discussions reflect broader societal debates regarding immigration and human rights.

Contention

Notable points of contention revolve around the implications for victims of human trafficking who might be classified as illegal aliens. Critics of the bill argue that excluding this group from restitution could discourage reporting and seeking justice, ultimately leading to greater vulnerability for these individuals. Proponents, however, assert that defining responsibilities clearer ensures that the legal system does not inadvertently create a safe haven for repeat offenders. This tension underscores a significant debate over balancing legal accountability with the human rights of vulnerable populations.

Companion Bills

No companion bills found.

Previously Filed As

WV SB279

Increasing protection for minor victims of human trafficking

WV SB484

Clarifying terms and offense of human smuggling

WV HB3137

Prohibiting Illegal Alien Human Smuggling

WV HB3190

Amending the definition of “minor”

WV HB2252

Relating to establishing criminal penalties for human trafficking

WV HB2527

Relating to revising the criminal code generally

WV HB2290

Relating to unlawful discriminatory practices in categories covered by the Human Rights Act and the Fair Housing Act

WV SB696

Prohibiting unlawful discriminatory practices covered by Human Rights Act and Fair Housing Act

WV HB2266

Adding “sexual orientation” and “gender identity” to the categories covered by the Human Rights Act and WV Fair Housing Act

WV HB2916

Relating to terrorism

Similar Bills

WV HB2894

Prohibiting human trafficking of illegal aliens

WV HB4519

Relating to establishing criminal penalties for human trafficking

WV HB3137

Prohibiting Illegal Alien Human Smuggling

HI SB3245

Relating To Human Trafficking.

ME LD1877

An Act to Increase Penalties for Human Trafficking Offenses

WV HB2206

Relating to establishing criminal penalties for human trafficking

WV HB2252

Relating to establishing criminal penalties for human trafficking

WV HB4666

Relating to establishing criminal penalties for human trafficking