Subcommittee backs substitute to prevent prosecution of minor trafficking victims

Delegate Converse Fowler brought HB 191 to the Courts of Justice Subcommittee with an amendment in the nature of a substitute intended to prevent minors who are victims of trafficking from being prosecuted for offenses arising from their exploitation. "HB 191 seeks to prevent minor victims of trafficking from being prosecuted for such offenses," the delegate said, noting support from constituents and advocacy groups.

Counsel explained the substitute narrows and clarifies language: "the minor shall not be subject to arrest," the counsel told the panel, and adds referral to social services alongside a provision mirroring the safe‑haven immunity in 18.2‑251.03 so that law enforcement who arrest in error would not face liability for false arrest. The counsel said the change was intended to mirror existing statutory protections used in overdose and other reporting statutes.

Advocates speaking in favor — including Courtney Schwartz of the Virginia Domestic Violence Action Alliance and Valerie Slater of Rise for Youth/Virginia State Conference NAACP — said the bill is a public‑safety measure that encourages victims to cooperate with investigations and reduces barriers to seeking help. "This bill is an important public safety measure as it will encourage victims to cooperate with investigations," Schwartz said. Witnesses who registered online were noted but some were absent.

The subcommittee moved and seconded the substitute; after no further discussion the roll was opened and members voted to report HB 191 with the substitute by a 10‑0 vote. The bill will move forward consistent with the committee report.

The record reflects broad support from victim‑service organizations and a technical review by counsel to align the language with existing safe‑harbor provisions. The substitute focuses on non‑prosecution and coordinated social‑service referrals; it does not, in itself, change the definitions of trafficking that trigger the protections.