S.B. No. 11 introduces an affirmative defense for individuals prosecuted for certain offenses related to trafficking of persons or compelling prostitution. The bill amends the Penal Code by adding Section 8.09, which stipulates that a defendant can claim an affirmative defense if they were a victim of trafficking or compelling prostitution and engaged in the conduct leading to prosecution as a direct result of being subjected to force, fraud, or coercion. The bill outlines specific conditions under which this defense applies, including that the defendant would not have engaged in the conduct without such coercion and that the conduct does not involve certain specified offenses unless the defendant is charged only as a party to that offense.

Additionally, the bill clarifies that information relevant to establishing a defendant's status as a victim can be presented to support the affirmative defense. It also specifies that the defendant is not required to prove that the person who used coercion was charged or convicted of related offenses. The changes in law will apply only to offenses committed on or after the effective date of the Act, with prior offenses governed by the law in effect at the time they were committed. The Act is set to take effect 91 days after the conclusion of the legislative session.

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