Trafficking victims in Texas would gain a stronger legal shield against criminal charges

Texans who are coerced into prostitution or forced labor would have a clearer path to clearing their names under a measure Gov. Greg Abbott signed on September 16. The bill (SB 11) creates an affirmative defense to prosecution for certain criminal offenses when the defendant was a victim of trafficking of persons or compelling prostitution at the time of the conduct, broadening protections that previously applied to a narrower set of charges.

Sen. Parker filed the legislation, which advocacy groups had pushed for years as a way to keep trafficking survivors out of the carceral system for offenses tied to their victimization. The bill specifies the burden-of-proof framework defendants must meet and the categories of offenses to which the defense extends.

The Senate passed SB 11 on August 17, and the House cleared it on August 25. Both chambers signed the enrolled bill before the governor finalized it on September 16.