Shown verbatim: the complete text as captured from the official page posted by the Texas Legislature, fetched 2026-08-29. Where this bill amends existing law, language marked for deletion in the official page appears here in brackets. This is the enrolled version. The official bill page.
S.B. No. 1278 AN ACT relating to an affirmative defense to prosecution for 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) It is an affirmative defense to prosecution that the actor was a victim of an offense under Section 20A.02 or 43.05 who engaged in the conduct charged because the person who had committed the offense of which the actor was a victim: (1) coerced the actor; (2) caused the actor to act under duress; or (3) threatened the actor or a member of the actor's family or household with imminent death or serious bodily injury. (b) Subsection (a) does not apply if: (1) the coercion, duress, or threat would not cause a reasonable person to engage in the conduct charged; or (2) the actor was merely provided an opportunity to engage in the conduct. (c) Information relevant to the identification of a defendant's status as a victim of an offense described by Subsection (a) may be offered to establish an affirmative defense under this section. SECTION 2. The change in law made by this Act applies only to an offense committed on or after the effective date of this Act. 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 September 1, 2025. ______________________________ ______________________________ President of the Senate Speaker of the House I hereby certify that S.B. No. 1278 passed the Senate on May 7, 2025, by the following vote: Yeas 31, Nays 0. ______________________________ Secretary of the Senate I hereby certify that S.B. No. 1278 passed the House on May 23, 2025, by the following vote: Yeas 140, Nays 0, one present not voting. ______________________________ Chief Clerk of the House Approved: ______________________________ Date ______________________________ Governor
Every fact on this page links to its source, starting with the official bill record.