Bill Text: TX HB2772 | 2025-2026 | 89th Legislature | Introduced


Bill Title: Relating to an affirmative defense to prosecution for victims of certain offenses.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2025-02-13 - Filed [HB2772 Detail]

Download: Texas-2025-HB2772-Introduced.html
  89R12703 MCF-F
 
  By: Thompson H.B. No. 2772
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to an affirmative defense to prosecution for victims of
  certain offenses.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 8, Penal Code, is amended by adding
  Section 8.09 to read as follows:
         Sec. 8.09.  VICTIM OF TRAFFICKING, COMPELLING PROSTITUTION,
  OR FAMILY VIOLENCE.  (a)  It is an affirmative defense to
  prosecution that the actor engaged in the conduct charged because
  the actor was coerced, acting under duress, or reasonably feared
  harm as a result of being the victim of an offense:
               (1)  under Section 20A.02 or 43.05; or
               (2)  punishable under Section 22.01(b)(2).
         (b)  Information relevant to the identification of a
  defendant's status as a victim of an offense described by
  Subsection (a) may be offered to establish an affirmative defense
  under this section.
         SECTION 2.  The change in law made by this Act applies only
  to an offense committed on or after the effective date of this Act.  
  An offense committed before the effective date of this Act is
  governed by the law in effect on the date the offense was committed,
  and the former law is continued in effect for that purpose.  For
  purposes of this section, an offense was committed before the
  effective date of this Act if any element of the offense occurred
  before that date.
         SECTION 3.  This Act takes effect September 1, 2025.
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