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HB 236TEXASSession 892State Billdead

Did Not Advance

Texas establishes an affirmative defense to prosecution for human trafficking and compelled prostitution victims

Original title: Relating to an affirmative defense to prosecution for certain victims of trafficking of persons or compelling prostitution.

Last action · August 20, 2025: Referred to Criminal JurisprudenceSponsors: Richard Hayes and 57 others

Companion · SB 11same policy, Senate version

Bill progressHistory & official text ↓

Introduced

Committee

Floor Vote

Passed

Law

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What This Bill Proposed

Texas establishes an to prosecution for individuals who committed an offense as a direct result of being trafficked or subjected to compelled prostitution through force, fraud, or coercion, provided specific legal conditions are met.

Why it matters

Changes criminal defense options for defendants facing prosecution by allowing human trafficking victims to argue they were compelled to commit crimes, altering trial proceedings and potential conviction outcomes.

Background

Affirmative defenses allow a defendant to introduce evidence that, if found credible, negates criminal liability or culpability even if the prosecution has proven the elements of the crime. context
Section 20A.02 of the Texas Penal Code defines the criminal offenses related to trafficking of persons. context

Who It Would Have Affected

Groups the bill's text would have affected, as described in the record. Being affected is not a position for or against it.

Directly affected

Victims of trafficking of persons

Victims prosecuted for conduct resulting from coercion may raise an affirmative defense against prosecution.

Directly affected

Defendants in criminal prosecutions

Individuals facing prosecution for offenses related to compelled prostitution or trafficking can utilize the new affirmative defense framework.

Key Facts

You don't have to trust us. Each fact below is taken straight from the official document - click any one to see the exact passage, highlighted in the original.

Frequently Asked Questions

What is required for a defendant to use this affirmative defense?

The defendant must prove they were a victim of trafficking under Section 20A.02 or compelling prostitution under Section 43.05, and that they engaged in the conduct as a direct result of force, fraud, or coercion that would have compelled a reasonable person in the same circumstances.

Must the trafficker be convicted for the victim to use this defense?

No. The actor is not required to prove that the person using force, fraud, or coercion was charged with or convicted of an offense under Section 20A.02 or 43.05.

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Where This Stands

This bill did not become law - Died at adjournment · in House committee.

Procedural history

3 actions

Aug 20, 2025HouseCommittee
Referred to Criminal Jurisprudence
Aug 20, 2025HouseIntroduced
Read first time
Aug 18, 2025HouseIntroduced
Filed

Version history

Only one version on file - nothing to compare yet. As later stages (committee substitute, engrossed, enrolled) are captured, the redline appears here.

View official text →

Lobbying Activity

No state lobbying filings in our records match this bill. Federal lobbying reports (LDA) cover Congress, so they are not listed on state bills.

Full breakdown

Who this bill affects and the strongest case for and against it, written only from the bill’s own text.

Discoveries

1 pattern noticed across the record

Patterns POLISCOPE noticed across the record. These are observations to investigate, not conclusions.

policy shift98% confidence

Creation of Statutory Affirmative Defense

The bill introduces a specific statutory affirmative defense in the Penal Code for individuals coerced into committing offenses due to human trafficking.

Texas

Connected Entities

Texas

locationTexas“Jurisdiction enacting the legislation.”Map →

Sources

Open source document

capitol.texas.gov

Analysis Score

0–100

Significance20
Lowered because this bill did not pass (its text scored 75)
Controversy30
Intensity of disagreement among stakeholders
Entertainment10
Compellingness for a non-policy-wonk reader
Buzz40
Current news / social attention level

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