Monitoring the Session

SB 1278

Parker’s bill on a defense for trafficking victims

Vetoed

Verdict: No flags

No flagsInitial review
Sen. Tan ParkerRSenate 12

Initial review · graded Oct 20, 2026 · Headline, summary and grade are analysis of the bill text, not a finding about any person · How we grade

Caption

relating to an affirmative defense to prosecution for victims of certain offenses.

Caption from analyzed text · version I.

Summary

Victims coerced or under duress into an offense get an affirmative defense.

The bill adds a new affirmative defense to the Penal Code for people who committed an offense because they were coerced, under duress, or reasonably afraid of harm as victims of human trafficking, compelling prostitution, or certain family violence assaults. It touches defendants who were victims of those specific offenses, plus the prosecutors and courts handling their cases. Starting September 1, 2025, such a defendant can offer evidence of their victim status at trial to try to defeat the charge.

Labels

Labels: CROSS-PARTY HANDOFF. Lead author Tan Parker (R) in the Senate. Lead sponsor Senfronia Thompson (D) in the House. Party as the Legislative Reference Library lists it for the 89th Legislature.

Receipt

The receipt

89R-SB1278 · 2025-02-14

SOLD BY

+ 1 coauthor

ITEM

relating to an affirmative defense to prosecution for victims of certain offenses.

WHAT IT DOES

Victims coerced or under duress into an offense get an affirmative defense.

The bill adds a new affirmative defense to the Penal Code for people who committed an offense because they were coerced, under duress, or reasonably afraid of harm as victims of human trafficking, compelling prostitution, or certain family violence assaults. It touches defendants who were victims of those specific offenses, plus the prosecutors and courts handling their cases. Starting September 1, 2025, such a defendant can offer evidence of their victim status at trial to try to defeat the charge.

CHARGES

[ ] NONE FOUND

TOTAL

No first-year general revenue figure available here.

LBB estimate · fiscal note version S · source

Sources

Fiscal note · version S · April 30, 2025

Amending the list of general defenses to criminal responsibility may result in decreases in demands upon state correctional resources due to a possible decrease in the number of individuals placed under supervision in the community or sentenced to a term of confinement. The fiscal implications of the bill cannot be determined due to the lack of data to estimate the prevalence of offense circumstances in which the affirmative defense would be applicable under the provisions of the bill.

LBB published estimates · flow over the stated periods.

Source snapshot 2026-10-19, Central time.

HISTORY

  1. Received by the Secretary of the Senate
  2. Filed
  3. Read first time
  4. Referred to Criminal Justice
  5. Scheduled for public hearing on . . .
  6. Considered in public hearing
  7. Testimony taken in committee
  8. Vote taken in committee
  9. Reported favorably as substituted
  10. Recommended for local & uncontested calendar
  11. Committee report printed and distributed
  12. Placed on intent calendar
  13. Co-author authorized
  14. Rules suspended-Regular order of business
  15. Read 2nd time & passed to engrossment
  16. Vote recorded in Journal
  17. Three day rule suspended
  18. Record vote
  19. Read 3rd time
  20. Passed
  21. Record vote
  22. Reported engrossed
  23. Received from the Senate
  24. Read first time
  25. Referred to Criminal Jurisprudence
  26. Posting rule suspended
  27. Scheduled for public hearing on . . .
  28. Considered in public hearing
  29. Testimony taken/registration(s) recorded in committee
  30. Left pending in committee
  31. Considered in formal meeting
  32. Reported favorably w/o amendment(s)
  33. Comte report filed with Committee Coordinator
  34. Committee report distributed
  35. Committee report sent to Calendars
  36. Considered in Calendars
  37. Placed on General State Calendar
  38. Read 2nd time
  39. Passed to 3rd reading
  40. Record vote RV#3281
  41. Statement(s) of vote recorded in Journal
  42. Read 3rd time
  43. Passed
  44. Record vote RV#3356
  45. Statement(s) of vote recorded in Journal
  46. House passage reported
  47. Reported enrolled
  48. Signed in the Senate
  49. Signed in the House
  50. Sent to the Governor
  51. Vetoed by the Governor
FILED UNDER

No verified beat found.

SIGNED FOR BY

House · 140 yea · 0 nay

Senate · 31 yea · 0 nay

Sources

House: Final passage · May 23, 2025. Journal. Published stock for this vote. Snapshot 2026-10-19, Central time.

Senate: Final passage · May 7, 2025. Journal. Published stock for this vote. Snapshot 2026-10-19, Central time.

All floor motions and other positions below.

No flags

THANK YOU FOR CHECKING THE RECEIPT

CAMPAIGN PAID FOR BY

CAMPAIGN PAID FOR BY

Donors

Not tied to this bill.

Sources

The author's campaign account only. Own money and internal transfers are separate on the member page.

Derived itemized flow · Oct 28, 2024 to Jun 29, 2026. State data as of Nov 4, 2026.

Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.

Texas Stock Exchange | TXSE Group PAC$40,000.00

Texas Stock Exchange | TXSE Group PAC

$40,000.00

Cash
$40,000.00
Paid by others
$0.00
Total
$40,000.00

Also funds 10 other sitting lawmakers.

Derived recipient stock · Feb 17, 2026 to Oct 16, 2026. State data as of Nov 4, 2026.

TEC account match.

Team
Sources

Derived itemized flow · Feb 17, 2026 to Jun 25, 2026. State data as of Nov 4, 2026.

Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.

Report IDs: 101060289.

Texas REALTORS Political Action Committee$25,250.00

Texas REALTORS Political Action Committee

$25,250.00

Cash
$25,000.00
Paid by others
$250.00
Total
$25,250.00
fundraiser $250.00

Also funds 140 other sitting lawmakers.

Derived recipient stock · Jul 2, 2024 to Oct 24, 2026. State data as of Nov 4, 2026.

TEC account match.

Team
Sources

Derived itemized flow · Dec 4, 2024 to Oct 9, 2025. State data as of Nov 4, 2026.

Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.

Report IDs: 100986801, 101009904, 101031351.

The Peck Family Trust$25,000.00

The Peck Family Trust

$25,000.00

Cash
$25,000.00
Paid by others
$0.00
Total
$25,000.00

Also funds 1 other sitting lawmakers.

Derived recipient stock · Dec 14, 2024 to Sep 18, 2026. State data as of Nov 4, 2026.

Name match, not a verified identity: normalized filed name and state.

Sources

Derived itemized flow · on Dec 14, 2024. State data as of Nov 4, 2026.

Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.

Report IDs: 100986801.

Money

Missing data does not establish zero giving. Display amounts are rounded.

×

Texas Stock Exchange | TXSE Group PAC

$40,000.00

Cash
$40,000.00
Paid by others
$0.00
Total
$40,000.00

Also funds 10 other sitting lawmakers.

Derived recipient stock · Feb 17, 2026 to Oct 16, 2026. State data as of Nov 4, 2026.

TEC account match.

Team
Sources

Derived itemized flow · Feb 17, 2026 to Jun 25, 2026. State data as of Nov 4, 2026.

Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.

Report IDs: 101060289.

×

Texas REALTORS Political Action Committee

$25,250.00

Cash
$25,000.00
Paid by others
$250.00
Total
$25,250.00
fundraiser $250.00

Also funds 140 other sitting lawmakers.

Derived recipient stock · Jul 2, 2024 to Oct 24, 2026. State data as of Nov 4, 2026.

TEC account match.

Team
Sources

Derived itemized flow · Dec 4, 2024 to Oct 9, 2025. State data as of Nov 4, 2026.

Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.

Report IDs: 100986801, 101009904, 101031351.

×

The Peck Family Trust

$25,000.00

Cash
$25,000.00
Paid by others
$0.00
Total
$25,000.00

Also funds 1 other sitting lawmakers.

Derived recipient stock · Dec 14, 2024 to Sep 18, 2026. State data as of Nov 4, 2026.

Name match, not a verified identity: normalized filed name and state.

Sources

Derived itemized flow · on Dec 14, 2024. State data as of Nov 4, 2026.

Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.

Report IDs: 100986801.

Votes5

House May 23, 2025

Yea
140
Nay
0
Present, not voting
1
Absent
3
Excused
6
Names

Named positions matched to lawmakers. See the journal for unmatched names.

House journal

Sources

Record 3356

SB 1278 was passed by (Record 3356): 140 Yeas, 0 Nays, 1 Present, not voting.

Published stock of positions for this vote, except where marked derived.

  • Yea: 140 (published)
  • Nay: 0 (published)
  • Present, not voting: 1 (published)
  • Absent: 3 (derived from named list)
  • Excused: 6 (derived from named list)

House journal. Source snapshot 2026-10-19, Central time.

House May 22, 2025

Yea
142
Nay
0
Present, not voting
2
Absent
2
Excused
4
Names

Named positions matched to lawmakers. See the journal for unmatched names.

House journal

Sources

Record 3281

SB 1278 was passed to third reading by (Record 3281): 142 Yeas, 0 Nays, 2 Present, not voting.

Published stock of positions for this vote, except where marked derived.

  • Yea: 142 (published)
  • Nay: 0 (published)
  • Present, not voting: 2 (published)
  • Absent: 2 (derived from named list)
  • Excused: 4 (derived from named list)

House journal. Source snapshot 2026-10-19, Central time.

Senate May 7, 2025

Yea
31
Nay
0
Present, not voting
Not printed
Absent
Not printed
Excused
Not printed
Names

Senate journal

Names were not printed. No individual positions are inferred.

Sources

Senator Parker moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSB 1278 be placed on its third reading and final passage. The motion prevailed by the following vote: Yeas 31, Nays 0. The bill was read third time and was passed by the following vote: Yeas 31, Nays 0.

Published stock of positions for this vote, except where marked derived.

  • Yea: 31 (published)
  • Nay: 0 (published)
  • Present, not voting: Not printed
  • Absent: Not printed
  • Excused: Not printed

Senate journal. Source snapshot 2026-10-19, Central time.

Senate May 7, 2025

Yea
31
Nay
0
Present, not voting
Not printed
Absent
Not printed
Excused
Not printed
Names

Senate journal

Names were not printed. No individual positions are inferred.

Sources

Senator Parker moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSB 1278 be placed on its third reading and final passage. The motion prevailed by the following vote: Yeas 31, Nays 0.

Published stock of positions for this vote, except where marked derived.

  • Yea: 31 (published)
  • Nay: 0 (published)
  • Present, not voting: Not printed
  • Absent: Not printed
  • Excused: Not printed

Senate journal. Source snapshot 2026-10-19, Central time.

Senate May 7, 2025

Yea
Not printed
Nay
Not printed
Present, not voting
Not printed
Absent
Not printed
Excused
Not printed
Names

Senate journal

Names were not printed. No individual positions are inferred.

Voice vote. No numeric tally or individual yeas are inferred.

Sources

The bill was read second time and was passed to engrossment by a viva voce vote.

Published stock of positions for this vote, except where marked derived.

  • Yea: Not printed
  • Nay: Not printed
  • Present, not voting: Not printed
  • Absent: Not printed
  • Excused: Not printed

Senate journal. Source snapshot 2026-10-19, Central time.

Witnesses28
For
26
Against
1
On
1
Names

For

  • Children at Risk1 registration
  • Lone Star Justice Alliance1 registration
  • Not On Our Watch Texas1 registration
  • Self4 registrations
  • Self; Alliance for safety and justice1 registration
  • Self; Doug Deason1 registration
  • Self; Equity Action1 registration
  • Self; Lone Star Justice Alliance1 registration
  • Self; SGSolutions1 registration
  • Self; True Texas Project2 registrations
  • Self; True texas project3 registrations
  • Street Grace1 registration
  • Texas Catholic Conference of Bishops2 registrations
  • Texas Civil Rights Project1 registration
  • Texas Council on Family Violence2 registrations
  • Texas PTA1 registration
  • Texas Public Policy Foundation2 registrations

Against

  • Texas Municipal Police Association (TMPA)1 registration

On

  • Self1 registration
Sources

28 parsed registrations across the loaded witness lists.

Derived stock of witness registrations. Repeated appearances count separately. Organizations and self-representation appear as printed.

House witness list. Source snapshot 2026-10-20, Central time.

Senate witness list. Source snapshot 2026-10-20, Central time.

Fiscal

No first-year general revenue figure available here.

LBB estimate · fiscal note version S · source

Sources

Fiscal note · version S · April 30, 2025

Amending the list of general defenses to criminal responsibility may result in decreases in demands upon state correctional resources due to a possible decrease in the number of individuals placed under supervision in the community or sentenced to a term of confinement. The fiscal implications of the bill cannot be determined due to the lack of data to estimate the prevalence of offense circumstances in which the affirmative defense would be applicable under the provisions of the bill.

LBB published estimates · flow over the stated periods.

Source snapshot 2026-10-19, Central time.

How this was graded

Analysis of text version I by claude-opus-5-5, Oct 20, 2026, against the published rubric.

Sources

Texas Senate · Filed Feb 14, 2025

06/22/2025 E Vetoed by the Governor

Texas Legislature Online · Introduced · Senate Committee Report · Engrossed · House Committee Report · Enrolled

Data snapshot Oct 26, 2026 at 4:20 AM CDT. Grades, charges, quotes and corrections follow the published record.

Coauthors
Sponsors

House committee · Criminal Jurisprudence · Committee vote 11 aye, 0 nay · Out of committee

Senate committee · Criminal Justice · Committee vote 7 aye, 0 nay · Out of committee

Companion

HB 2772 by Thompson (identical)

Subjects

Criminal Procedure--Defense Counsel

Criminal Procedure--General

Family--Family Violence

CRIME VICTIMS

HUMAN TRAFFICKING

PROSTITUTION

Text

The text as introduced · 239 words

89R12703 MCF-F

By: Parker
S.B. No. 1278

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.