HB 5138 requires law enforcement agencies to obtain a warrant before accessing most personal information held by internet and phone companies, such as names, addresses, payment details, and call records. It directly affects law enforcement agencies and telecommunications providers by mandating judicial oversight for these data requests during criminal investigations. The bill allows warrantless access only in specific emergencies (e.g., imminent risk of death, kidnapping, or human trafficking), with subscriber consent, or if the data is publicly accessible. This replaces current practices where such third-party records could often be obtained without a warrant.
SB 922 requires hotels and public lodging establishments in West Virginia to provide annual human trafficking awareness training to employees who perform housekeeping or work at front desks. The bill mandates posting multilingual signs (in English, Spanish, and other prevalent local languages) by January 1, 2027, and establishing procedures for reporting suspected trafficking to the National Human Trafficking Hotline or local law enforcement. Training must cover definitions of sex and labor trafficking, how to identify victims in hotel settings, and employee reporting responsibilities. The bill explicitly states it does not create new legal claims for victims and allows the Bureau for Public Health to develop implementing rules.
HB 4433 amends West Virginia law to create new criminal offenses for human smuggling (transporting undocumented people to evade enforcement) and human trafficking (recruiting or moving people for forced labor or sexual exploitation). It specifically targets individuals who transport adults or minors for these purposes, defining key terms like "coercion" and "forced labor" to clarify illegal conduct. The bill establishes penalties for these crimes, allows asset forfeiture of property used in trafficking, and requires restitution for victims. It also includes an exemption permitting medical, mental health, and legal services for undocumented individuals without criminal liability.
HB 4451, the Veteran Justice Act, creates a program allowing eligible veterans charged with certain offenses to avoid a criminal conviction or have a felony reduced to a misdemeanor. It applies to veterans with military-related conditions like PTSD, TBI, or substance use disorder (SUD) that contributed to their offense, provided the crime is probation-eligible and not excluded (e.g., murder, sexual assault). Eligible veterans enter a court-supervised program involving evidence-based treatment tailored to their military service challenges, a personalized case plan, and probation instead of incarceration. If they successfully complete the plan, they avoid conviction; failure results in standard sentencing. The bill excludes serious crimes like human trafficking and requires verification of veteran status using federal databases like SQUARES.
SB 454, the "Stop Non-Consensual Distribution of Intimate Deep Fake Media Act," makes it illegal to intentionally distribute deep fake media falsely depicting a person engaging in sexual conduct without their consent, specifically when done to harass, coerce, or damage their reputation. The law applies to anyone distributing such content (e.g., through social media or sharing), while excluding constitutionally protected speech like political satire or works with clear disclaimers that the media is manipulated. Violations carry penalties of up to $10,000 fines or five years in prison for repeat offenses, with lesser penalties for other cases, and allow courts to issue restraining orders to stop ongoing distribution. This directly affects individuals whose images are misused without consent and those creating or sharing non-consensual deep fakes.
SB 679 prevents minors from being prosecuted for prostitution if a court determines they are victims of human trafficking under West Virginia law. The bill amends existing statutes to explicitly state that no minor shall face criminal charges for prostitution offenses when the court finds they are victims of trafficking. This directly affects minors exploited in commercial sexual activity, ensuring they are treated as victims rather than criminals. The key mechanism requires a court to determine victim status before immunity applies, removing a barrier to support services and legal protection. The bill focuses on clarifying legal protections for vulnerable minors without changing penalties for traffickers.
