The bill, S.B. No. 1278, introduces an affirmative defense for individuals who are victims of trafficking, compelling prostitution, or family violence. Specifically, it adds Section 8.09 to Chapter 8 of the Penal Code, stating that if a person engaged in conduct that led to prosecution due to coercion, duress, or a reasonable fear of harm as a result of being a victim of certain offenses, they may use this as a defense. The offenses referenced include those under Section 20A.02 or 43.05, and those punishable under Section 22.01(b)(2). Additionally, the bill allows for the introduction of information relevant to the defendant's status as a victim to support the affirmative defense.

The bill stipulates that the changes will only apply to offenses committed on or after the effective date of the Act, which is set for September 1, 2025. Offenses committed prior to this date will be governed by the existing law at the time of the offense. This ensures that individuals charged with offenses before the effective date will not be able to utilize the new affirmative defense established by this legislation.

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