H.B. No. 236 introduces an affirmative defense for individuals prosecuted for certain offenses related to trafficking of persons or compelling prostitution. The new Section 8.09 of the Penal Code stipulates that a defendant can claim this 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 forced, defrauded, or coerced. 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 a reasonable person in similar circumstances would have acted similarly.

Additionally, the bill clarifies that information relevant to establishing a defendant's status as a victim can be presented in court to support the affirmative defense. It also specifies that the defendant does not need to prove that the person who used force, fraud, or 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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