89S11027 MCF-F     By: Thompson H.B. No. 10       A BILL TO BE ENTITLED   AN ACT   relating to an affirmative defense to prosecution for certain   victims of trafficking of persons or compelling prostitution.          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 OR COMPELLING   PROSTITUTION. (a)  Except as provided by Subsection (b), it is an   affirmative defense to prosecution that the actor:                (1)  was a victim of an offense under Section 20A.02 or   43.05; and                (2)  engaged in the conduct that is the subject of the   prosecution as a direct result of being caused, through means of   force, fraud, or coercion as described by Subsection (c), to engage   in that specific conduct.          (b)  Subsection (a) applies only if:                (1)  the actor would not have engaged in the conduct   that is the subject of the prosecution but for the use of force,   fraud, or coercion;                (2)  the use of force, fraud, or coercion would have   compelled a reasonable person in the actor's circumstances to   engage in the conduct;                (3)  the actor was not merely afforded an opportunity   to engage in the conduct without the use of force, fraud, or   coercion; and                (4)  the conduct does not constitute an offense listed   in Article 42A.054(a), Code of Criminal Procedure, unless the actor   is charged only as a party to that offense under Section 7.01.          (c)  For purposes of this section, "force, fraud, or   coercion" has the same meaning as in Section 20A.02.          (d)  Information relevant to the identification of a   defendant's status as a victim of an offense described by   Subsection (a)(1) may be offered to establish an affirmative   defense under this section.          (e)  For purposes of this section, the actor is not required   to prove that the person using force, fraud, or coercion to cause   the actor to engage in the conduct that is the subject of the   prosecution was charged with or convicted of an offense under   Section 20A.02 or 43.05.          SECTION 2.  The change in law made by this Act applies only   to the prosecution of an offense committed on or after the effective   date of this Act. The prosecution of 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 on the 91st day after the   last day of the legislative session.