Collier Bill Widens What Counts As Coercion In Trafficking

The text as introduced · 423 words

90R2149 JDB-D

By: Collier
H.B. No. 118

A BILL TO BE ENTITLED

AN ACT

relating to the definition of coercion for purposes of trafficking

of persons.

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

SECTION 1. Section 20A.01(1-a), Penal Code, is amended to

read as follows:

(1-a) "Coercion" as defined by Section 1.07 includes:

(A) destroying, concealing, confiscating, or

withholding from a trafficked person, or threatening to destroy,

conceal, confiscate, or withhold from a trafficked person, the

person's actual or purported:

(i) government records; or

(ii) identifying information or documents;

(B) causing a trafficked person, without the

person's consent, to become intoxicated, as defined by Section

49.01, to a degree that impairs the person's ability to appraise the

nature of or resist engaging in any conduct, including performing

or providing labor or services; [ or ]

(C) withholding alcohol or a controlled

substance to a degree that impairs the ability of a trafficked

person with a chemical dependency, as defined by Section 462.001,

Health and Safety Code, to appraise the nature of or resist engaging

in any conduct, including performing or providing labor or

services ;

(D) manipulating a trafficked person, through

emotional or psychological means, to:

(i) create a reasonable fear of

abandonment, isolation, or nonphysical harm, including

psychological, emotional, reputational, relational, or financial

harm;

(ii) exploit a trafficked person's known

emotional, financial, familial, or relational vulnerabilities or

dependencies; or

(iii) impair a trafficked person's judgment

or ability to resist through intimidation, degradation,

conditioning, or trauma-related pressure;

(E) abusing or exploiting a position of trust,

authority, guardianship, caregiving responsibility, or intimate

relationship to compel or maintain a trafficked person's

compliance; or

(F) engaging in a pattern or course of conduct

directed at a trafficked person that would cause a reasonable

person in the position of the trafficked person to believe that

failure to comply would result in physical, psychological,

emotional, reputational, relational, or financial harm, even if no

single act independently constitutes coercion .

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, 2027.