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By: Parker |
S.B. No. 1278 |
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(In the Senate - Filed February 14, 2025; February 28, 2025, |
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read first time and referred to Committee on Criminal Justice; |
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May 5, 2025, reported adversely, with favorable Committee |
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Substitute by the following vote: Yeas 7, Nays 0; May 5, 2025, sent |
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to printer.) |
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COMMITTEE SUBSTITUTE FOR S.B. No. 1278 |
By: Flores |
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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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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) It is an affirmative defense to prosecution that |
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the actor was a victim of an offense under Section 20A.02 or 43.05 |
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who engaged in the conduct charged because the person who had |
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committed the offense of which the actor was a victim: |
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(1) coerced the actor; |
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(2) caused the actor to act under duress; or |
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(3) threatened the actor or a member of the actor's |
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family or household with imminent death or serious bodily injury. |
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(b) Subsection (a) does not apply if: |
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(1) the coercion, duress, or threat would not cause a |
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reasonable person to engage in the conduct charged; or |
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(2) the actor was merely provided an opportunity to |
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engage in the conduct. |
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(c) 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. |
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