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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 victims of |
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certain offenses. |
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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, COMPELLING PROSTITUTION, |
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OR FAMILY VIOLENCE. (a) It is an affirmative defense to |
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prosecution that the actor engaged in the conduct charged because |
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the actor was coerced, acting under duress, or reasonably feared |
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harm as a result of being the victim of an offense: |
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(1) under Section 20A.02 or 43.05; or |
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(2) punishable under Section 22.01(b)(2). |
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(b) 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) may be offered to establish an affirmative defense |
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under this section. |
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SECTION 2. The change in law made by this Act applies only |
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to an offense committed on or after the effective date of this Act. |
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An offense committed before the effective date of this Act is |
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governed by the law in effect on the date the offense was committed, |
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and the former law is continued in effect for that purpose. For |
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purposes of this section, an offense was committed before the |
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effective date of this Act if any element of the offense occurred |
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before that date. |
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SECTION 3. This Act takes effect September 1, 2025. |