HB4489 HFAT COWLES 3-12

Delegate Cowles moves to amend the bill by striking out the title and substituting therefor a new title, to read as follows:

Eng. House Bill 4489--A Bill to repeal §61-2-17 of the Code of West Virginia, 1931, as amended; to amend and reenact §15-9A-2 of said code; to amend and reenact §49-1-201 of said code; to amend said code by adding thereto a new article, designated §61-14-1, §61-14-2, §61-14-3, §61-14-4, §61-14-5, §61-14-6, §61-14-7, §61-14-8 and §61-14-9; and to amend and reenact §62-1D-8 of said code, all relating generally to human trafficking; designating the Division of Justice and Community Services to be the state administrative agency responsible for criminal justice and juvenile justice systems for the planning and development of state programs and grants relating to human trafficking; adding commercial sexual exploitation to the definition of abused child and defining the term; eliminating existing criminal offense and penalties for human trafficking; creating felony offenses and penalties for trafficking an individual; defining terms; creating felony offenses and penalties for using an individual in forced labor; creating felony offenses and penalties for using an individual in debt bondage; creating felony offenses and penalties for compelling an adult through coercion to engage in commercial sexual activity; creating a felony offense for maintaining or making available a minor for the purpose of engaging in commercial sexual activity; clarifying that consent of minor and misbelief as to age are not defenses to prosecution for sexual servitude offense; creating a felony offense of patronizing an individual to engage in commercial sexual activity; clarifying that each victim shall be considered a separate offense; limiting ability for parole in circumstances where the court makes a finding of aggravated circumstances; defining aggravated circumstances; providing for restitution to victims and the enforcement of a judgment order for restitution; directing unclaimed restitution to be paid to the Crime Victims Compensation Fund; providing for disgorgement of profits and debarment from state and local government contracts;  making victims eligible for compensation under the Crime Victims Compensation Fund; describing the appropriate procedure to be followed by a law-enforcement officer upon encountering a child who appears to be a victim of an offense under this article; providing for criminal immunity for offense of prostitution for minors so charged because it is presumed that he or she committed the offense as a direct result of being a victim; defining a minor victim of sex trafficking as an abused child and establishing a child’s eligibility for services therefor; establishing that a child who is determined to be a victim of sex trafficking may also be granted immunity for soliciting, inducing, enticing or procuring a prostitute if it is determined by the court that he or she was coerced into the criminal behavior; providing for expungement of prostitution conviction for victims of trafficking; and authorizing law enforcement to use wiretaps to conduct investigations.