HB 252

By: Cook
  H.B. No. 252
  A BILL TO BE ENTITLED
  AN ACT
  relating to an affirmative defense to prosecution for certain
  victims of trafficking of persons or compelling prostitution.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 8, Penal Code, is amended by adding
  Section 8.09 to read as follows:
         Sec. 8.09.  VICTIM OF TRAFFICKING OR COMPELLING
  PROSTITUTION.  (a)  Except as provided by Subsection (b), it is an
  affirmative defense to prosecution that the actor:
               (1)  was a victim of an offense under Section 20A.02 or
  43.05; and
               (2)  engaged in the conduct that is the subject of the
  prosecution as a direct result of being caused, through means of
  force, fraud, or coercion as described by Subsection (c), to engage
  in that specific conduct.
         (b)  Subsection (a) applies only if:
               (1)  the actor would not have engaged in the conduct
  that is the subject of the prosecution but for the use of force,
  fraud, or coercion;
               (2)  the use of force, fraud, or coercion would have
  compelled a reasonable person in the actor's circumstances to
  engage in the conduct;
               (3)  the actor was not merely afforded an opportunity
  to engage in the conduct without the use of force, fraud, or
  coercion; and
               (4)  the conduct does not constitute an offense listed
  in Article 42A.054(a), Code of Criminal Procedure, unless the actor
  is charged only as a party to that offense under Section 7.01.
         (c)  For purposes of this section, "force, fraud, or
  coercion" has the same meaning as in Section 20A.02.
         (d)  Information relevant to the identification of a
  defendant's status as a victim of an offense described by
  Subsection (a)(1) may be offered to establish an affirmative
  defense under this section.
         (e)  For purposes of this section, the actor is not required
  to prove that the person using force, fraud, or coercion to cause
  the actor to engage in the conduct that is the subject of the
  prosecution was charged with or convicted of an offense under
  Section 20A.02 or 43.05.
         SECTION 2.  The change in law made by this Act applies only
  to the prosecution of an offense committed on or after the effective
  date of this Act.  The prosecution of an offense committed before
  the effective date of this Act is governed by the law in effect on
  the date the offense was committed, and the former law is continued
  in effect for that purpose.  For purposes of this section, an
  offense was committed before the effective date of this Act if any
  element of the offense occurred before that date.
         SECTION 3.  This Act takes effect on the 91st day after the
  last day of the legislative session.