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Introduced Version House Bill 4368 History

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H. B. 4368


         (By Delegates Walker, D. Poling, Diserio, Butcher, Hamilton, Barill and Barker)

             [Introduced February 1, 2012; referred to the

                  Committee on the Judiciary then Finance.]



A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §61-2A-1 and §61-2A-2, all relating to creating the criminal offense of trafficking of illegal aliens; providing definitions; and establishing a criminal penalty.

Be it enacted by the Legislature of West Virginia:

    That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new article, designated §61-2A-1 and §61-2A-2, all to read as follows:


§61-2A-1. Trafficking of illegal aliens.

    Any person who engages in trafficking, by any means, or attempts to engage in trafficking, by any means, an illegal alien in deliberate violation of federal immigration laws is guilty of a felony and, upon conviction thereof, shall be imprisoned in a state correctional facility for not more than fifteen years.

§61-2A-2. Definitions.

    In this article:

    (1) “Illegal alien” means any person who is not a citizen and who is present in the United States unlawfully or without the country's authorization, including, but not limited to, a person who has entered the country at a place other than a designated port-of-entry or as result of the expiration of a nonimmigrant visa.

    (2) “Trafficking” means any method by which a person knowingly

recruits, entices, harbors, transports, provides or obtains by any means, or attempts to recruit, entice, harbor, transport, provide or obtain by any means, another person.

    NOTE: The purpose of this bill is to establish the crime of trafficking of illegal aliens and to provide criminal penalties. The bill also defines terms.

    This article is new; therefore, it has been completely underscored.

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