Bill > HB252

This bill creates a new section (8.09) in the Texas Penal Code that provides an affirmative defense for victims of human trafficking or compelling prostitution when they are charged with certain criminal offenses. Specifically, a person can use this defense if they were a victim of trafficking or compelling prostitution (under Sections 20A.02 or 43.05) and engaged in criminal conduct as a direct result of being forced, defrauded, or coerced. To qualify, the defendant must prove that: they would not have committed the offense without the force/fraud/coercion, a reasonable person in their situation would have been compelled to act similarly, they were not merely given an opportunity to commit the crime, and the conduct does not involve certain serious offenses (with some exceptions). The bill clarifies that the defendant does not need to prove that the trafficker was charged or convicted, and allows relevant information about their victim status to be used in establishing the defense. The law will only apply to offenses committed on or after its effective date, which is 91 days after the end of the legislative session, providing legal protection and recognition for victims who are forced into criminal activity as part of their trafficking experience.

https://capitol.texas.gov/BillLookup/History.aspx?LegSess=892&Bill=HB252