Bill giving trafficking victims a defense to prosecution

The text as introduced · 239 words

89R12703 MCF-F

By: Thompson
H.B. No. 2772

A BILL TO BE ENTITLED

AN ACT

relating to an affirmative defense to prosecution for victims of

certain offenses.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Chapter 8, Penal Code, is amended by adding

Section 8.09 to read as follows:

Sec. 8.09. VICTIM OF TRAFFICKING, COMPELLING PROSTITUTION,

OR FAMILY VIOLENCE. (a) It is an affirmative defense to

prosecution that the actor engaged in the conduct charged because

the actor was coerced, acting under duress, or reasonably feared

harm as a result of being the victim of an offense:

(1) under Section 20A.02 or 43.05; or

(2) punishable under Section 22.01(b)(2).

(b) Information relevant to the identification of a

defendant's status as a victim of an offense described by

Subsection (a) may be offered to establish an affirmative defense

under this section.

SECTION 2. The change in law made by this Act applies only

to an offense committed on or after the effective date of this Act.

An offense committed before the effective date of this Act is

governed by the law in effect on the date the offense was committed,

and the former law is continued in effect for that purpose. For

purposes of this section, an offense was committed before the

effective date of this Act if any element of the offense occurred

before that date.

SECTION 3. This Act takes effect September 1, 2025.