Honorable Pete Flores, Chair, Senate Committee on Criminal Justice
FROM:
Jerry McGinty, Director, Legislative Budget Board
IN RE:
SB1278 by Parker (relating to an affirmative defense to prosecution for victims of
trafficking of persons or compelling prostitution.), Committee Report 1st House, Substituted
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.
The bill would amend the list of general defenses to criminal responsibility by including the affirmative defense if an actor, who is a victim of offenses related to trafficking or compelling prostitution, engaged in the conduct charged because the person who committed the offense of which the actor was a victim, coerced the actor, caused the actor to act under duress, or threatened the actor or a member of the actor's family or household with imminent death or serious bodily injury. The bill specifies certain circumstances where the affirmative defense does not apply.
The impact on state correctional populations or on the demand for state correctional resources 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.
Local Government Impact
While the fiscal impact cannot be determined, amending the list of general defenses to criminal responsibility may result in decreased demands upon local 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.
Source Agencies:
212 Office of Court Administration, Texas Judicial Council