Texas House Bill HB2761

Texas 2025 - 89th Regular

• Filed: 2/12/25
• Out of House Committee: 5/6/25
• Voted on by House: 5/12/25
• Out of Senate Committee: 5/23/25
• Voted on by Senate: 5/26/25
• Governor Action: 6/20/25

Caption

Relating to the prosecution of the offenses of trafficking of persons, continuous trafficking of persons, and compelling prostitution.

Impact

The legislation is significant as it alters the legal landscape around trafficking offenses, placing a stronger emphasis on the protection of minors and disabled individuals from exploitation. By closing loopholes that previously allowed defendants to escape liability based on the mental state of victims, HB2761 seeks to enhance the overall effectiveness of law enforcement and legal proceedings in such sensitive cases. The law is set to apply only to offenses committed after its effective date of September 1, 2025, thereby ensuring that any cases prior to this date follow the laws that were in effect at that time.

Summary

House Bill 2761 aims to amend the prosecution criteria for offenses related to the trafficking of persons, specifically targeting continuous trafficking and compelling prostitution. This bill specifies that when prosecuting these offenses involving trafficked children or disabled individuals, it is not a viable defense for the accused to argue that the victim lacked a culpable mental state or did not complete an act of prostitution. This clarification is intended to strengthen convictions in cases where vulnerable individuals are exploited, thereby reinforcing the state's commitment to protecting those who cannot protect themselves.

Sentiment

Generally, the sentiment surrounding HB2761 appears to be supportive among advocacy groups focused on the protection of vulnerable populations. Supporters advocate for stringent measures that bolster law enforcement's ability to prosecute traffickers effectively and ensure justice for victims. Lawmakers in favor of the bill argue that it fills critical gaps in existing laws and affirms the state's duty to safeguard innocent lives. However, there may still be reservations among some legal experts regarding the implications of such amendments on the prosecutorial process and the potential for misuse.

Contention

While the bill has garnered significant support, some critics might voice concerns about the potential for overly broad interpretations of the law. Opponents may argue that removing defenses related to a victim's mental state could lead to unjust prosecutions in cases where the circumstances are complex. This underscores a broader debate about balancing the need to protect vulnerable individuals while also ensuring fair legal processes for the accused. The discussion also raises questions about how these changes will affect the judicial system's handling of trafficking cases going forward.

Texas Constitutional Statutes Affected

Penal Code

• Chapter 20. Kidnapping, Unlawful Restraint, Andsmuggling Of Persons
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• Chapter 43. Public Indecency
  • Section: New Section
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  • Section: 05