The bill, H.B. No. 10, introduces an affirmative defense for individuals who are victims of trafficking or compelling prostitution. It adds a new section, Section 8.09, to the Penal Code, which stipulates that a defendant can assert this defense if they were a victim of specific offenses under Sections 20A.02 or 43.05 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 is applicable, including that the defendant would not have engaged in the conduct without such coercion and that a reasonable person in similar circumstances would have acted similarly.

Additionally, the bill clarifies that the definition of "force, fraud, or coercion" aligns with existing law under Section 20A.02. It allows for the introduction of evidence relevant to the defendant's status as a victim to support the affirmative defense. Importantly, the bill specifies that it applies only to offenses committed on or after its effective date, 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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