| 1 | 1 | | 89R12703 MCF-F |
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| 2 | 2 | | By: Thompson H.B. No. 2772 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to an affirmative defense to prosecution for victims of |
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| 10 | 10 | | certain offenses. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Chapter 8, Penal Code, is amended by adding |
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| 13 | 13 | | Section 8.09 to read as follows: |
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| 14 | 14 | | Sec. 8.09. VICTIM OF TRAFFICKING, COMPELLING PROSTITUTION, |
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| 15 | 15 | | OR FAMILY VIOLENCE. (a) It is an affirmative defense to |
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| 16 | 16 | | prosecution that the actor engaged in the conduct charged because |
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| 17 | 17 | | the actor was coerced, acting under duress, or reasonably feared |
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| 18 | 18 | | harm as a result of being the victim of an offense: |
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| 19 | 19 | | (1) under Section 20A.02 or 43.05; or |
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| 20 | 20 | | (2) punishable under Section 22.01(b)(2). |
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| 21 | 21 | | (b) Information relevant to the identification of a |
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| 22 | 22 | | defendant's status as a victim of an offense described by |
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| 23 | 23 | | Subsection (a) may be offered to establish an affirmative defense |
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| 24 | 24 | | under this section. |
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| 25 | 25 | | SECTION 2. The change in law made by this Act applies only |
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| 26 | 26 | | to an offense committed on or after the effective date of this Act. |
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| 27 | 27 | | An offense committed before the effective date of this Act is |
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| 28 | 28 | | governed by the law in effect on the date the offense was committed, |
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| 29 | 29 | | and the former law is continued in effect for that purpose. For |
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| 30 | 30 | | purposes of this section, an offense was committed before the |
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| 31 | 31 | | effective date of this Act if any element of the offense occurred |
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| 32 | 32 | | before that date. |
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| 33 | 33 | | SECTION 3. This Act takes effect September 1, 2025. |
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