TexasTrafficking victims may use coercion as a criminal defense
People accused of certain crimes after trafficking or compelling prostitution could raise a defense if force, fraud, or coercion caused the conduct and all listed conditions are met.
What it does
A person forced into certain conduct through trafficking or compelling prostitution may raise a criminal defense, but only after meeting specific coercion tests and other limits.
The defense applies to offenses committed on or after the Act takes effect, which is set at 91 days after the legislative session ends.
Argument forPeople pressured into criminal conduct may have a way to explain that force, fraud, or coercion caused their actions.
Argument againstCases may become harder to resolve because courts would examine the person's circumstances, the pressure used, and whether the conduct met several limits.
More detail
A person prosecuted for certain conduct may raise an affirmative defense based on being forced, deceived, or threatened into that conduct. The defense covers a person who was a victim of trafficking under Section 20A.02 or compelling prostitution under Section 43.05 and whose prosecution concerns the specific conduct caused by that pressure. The person would not have engaged in the conduct without the force, fraud, or coercion. The pressure would have compelled a reasonable person in the same circumstances. The person was not merely given an opportunity to engage in the conduct without force, fraud, or coercion. The defense does not apply to offenses listed in Article 42A.054(a), unless the person is charged only as a party under Section 7.01 of the Penal Code, which concerns criminal responsibility for another person's conduct under the supplied text's cross-reference provisionized by statute. The provision applies only to offenses committed on or after the Act's effective date. An offense is treated as committed before that date if any element occurred earlier.
The provision takes effect 91 days after the legislative session ends. The effective-date rule applies to the affirmative defense and its use in prosecutions for covered offenses. Prosecutions for offenses committed before the effective date remain governed by the law in effect when those offenses were committed. An offense counts as occurring before the effective date if any element of the offense happened before that date. The Act takes effect on the 91st day after the last day of the legislative session.
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Where it stands
- Introduced
- Passed Senate
- Passed House
- To Governor
- Became Law
Looking ahead
No hearings or votes scheduled.
History
- 2025
- Sep 17Effective on . . . . . . . . . . . . . . .Latest
- Sep 17Signed by the Governor Greg AbbottBecame Law
- Aug 28Sent to the GovernorTo Governor
- Aug 28Signed in the HouseMajor
- Aug 27Signed in the SenateMajor
- Aug 26Reported enrolledMinor
- Vote recorded passage. Result: pass.Lower
- Vote recorded passage. Result: pass.Lower
- Aug 26House passage reportedMajor
- Aug 26Reason for vote recorded in Journal
- Aug 26Statement(s) of vote recorded in Journal
- Aug 26Record vote
- Aug 26PassedPassed House
- Aug 26Read 3rd timeMinor
- Aug 26Additional sponsor(s) authorized
- Aug 26Rules suspended
- Aug 26Statement(s) of vote recorded in Journal
- Aug 26Record vote
- Aug 26Passed to 3rd reading
- Aug 26Read 2nd timeMinor
- Aug 26Placed on General State Calendar
- Aug 25Considered in Calendars
- Aug 25Corrected committee report sent to Calendars
- Aug 24Corrected comm. report distributed
- Aug 24Corrected com rept filed w/ Comte CoordinatorMinor
- Aug 24Committee report sent to Calendars
- Aug 22Committee report distributed
- Aug 22Comte report filed with Committee CoordinatorMinor
- Aug 21Reported favorably w/o amendment(s)Minor
- Aug 21Considered in formal meeting
- Aug 21Scheduled for formal meeting on . . .
- Aug 20Referred to Criminal JurisprudenceMinor
- Aug 20Read first timeMinor
- Aug 20Received from the SenateMinor
- Aug 18Reported engrossed
- Vote recorded final passage. Result: pass.Upper
- Vote recorded Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that SB 11 be placed on its third reading and final passage. Result: pass.Upper
- Aug 18Record vote
- Aug 18PassedPassed Senate
- Aug 18Read 3rd timeMinor
- Aug 18Record vote
- Aug 18Three day rule suspended
- Aug 18Vote recorded in Journal
- Aug 18Read 2nd time & passed to engrossmentMinor
- Aug 18Rules suspended-Regular order of business
- Aug 15Committee report printed and distributed
- Aug 15Reported favorably w/o amendmentsMinor
- Aug 15Vote taken in committee
- Aug 15Testimony taken in committee
- Aug 15Considered in public hearing
- Aug 15Scheduled for public hearing on . . .
- Aug 15Record vote
- Aug 15Posting rule suspended
- Aug 15Referred to State AffairsMinor
- Aug 15Read first timeMinor
- Aug 15FiledMinor
- Aug 15Received by the Secretary of the SenateIntroduced
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