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A BILL TO BE ENTITLED
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AN ACT
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relating to an affirmative defense to prosecution for certain |
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victims of trafficking of persons or compelling prostitution. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 8, Penal Code, is amended by adding |
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Section 8.09 to read as follows: |
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Sec. 8.09. VICTIM OF TRAFFICKING OR COMPELLING |
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PROSTITUTION. (a) Except as provided by Subsection (b), it is an |
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affirmative defense to prosecution that the actor: |
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(1) was a victim of an offense under Section 20A.02 or |
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43.05; and |
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(2) engaged in the conduct that is the subject of the |
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prosecution as a direct result of being caused, through means of |
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force, fraud, or coercion as described by Subsection (c), to engage |
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in that specific conduct. |
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(b) Subsection (a) applies only if: |
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(1) the actor would not have engaged in the conduct |
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that is the subject of the prosecution but for the use of force, |
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fraud, or coercion; |
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(2) the use of force, fraud, or coercion would have |
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compelled a reasonable person in the actor's circumstances to |
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engage in the conduct; |
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(3) the actor was not merely afforded an opportunity |
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to engage in the conduct without the use of force, fraud, or |
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coercion; and |
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(4) the conduct does not constitute an offense listed |
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in Article 42A.054(a), Code of Criminal Procedure, unless the actor |
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is charged only as a party to that offense under Section 7.01. |
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(c) For purposes of this section, "force, fraud, or |
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coercion" has the same meaning as in Section 20A.02. |
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(d) Information relevant to the identification of a |
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defendant's status as a victim of an offense described by |
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Subsection (a)(1) may be offered to establish an affirmative |
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defense under this section. |
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(e) For purposes of this section, the actor is not required |
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to prove that the person using force, fraud, or coercion to cause |
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the actor to engage in the conduct that is the subject of the |
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prosecution was charged with or convicted of an offense under |
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Section 20A.02 or 43.05. |
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SECTION 2. The change in law made by this Act applies only |
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to the prosecution of an offense committed on or after the effective |
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date of this Act. The prosecution of an offense committed before |
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the effective date of this Act is governed by the law in effect on |
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the date the offense was committed, and the former law is continued |
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in effect for that purpose. For purposes of this section, an |
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offense was committed before the effective date of this Act if any |
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element of the offense occurred before that date. |
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SECTION 3. This Act takes effect on the 91st day after the |
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last day of the legislative session. |