HB 2761
AN ACT relating to the prosecution of the offenses of trafficking of
89th Regular Session
Jan 14, 2025 - Jun 2, 2025 • Session ended
Awaiting Committee Assignment
Bill filed, pending referral to House committee
Committee
Not yet assigned
Fiscal Note
Not available
What This Bill Does
Strengthens legal protections for trafficked children and disabled individuals by removing potential legal defenses for traffickers. Specifically, it eliminates defenses that claim a trafficked child or disabled person lacks mental capacity or did not complete a prostitution act, making it easier to prosecute trafficking offenses. The law aims to provide more comprehensive legal tools to hold traffickers accountable and protect vulnerable populations from exploitation.
Subject Areas
Bill Text
relating to the prosecution of the offenses of trafficking of persons and continuous trafficking of persons. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 20A.02, Penal Code, is amended by adding Subsection (e) to read as follows: (e) This subsection applies only to a prosecution for an offense under Subsection (a)(7) or (8), in which the actor is alleged to have caused a trafficked child or disabled individual to engage in or become the victim of prostitution, as defined by Section 43.01. It is not a defense to a prosecution described by this subsection that the trafficked child or disabled individual: (1) lacks the culpable mental state to engage in the (2) did not complete the act of prostitution. SECTION 2. Section 20A.03, Penal Code, is amended by adding Subsection (f) to read as follows: (f) This subsection applies only to a prosecution for an offense under this section based on conduct constituting an offense under Section 20A.02(a)(7) or (8), in which the actor is alleged to have caused for one or more times a trafficked child or disabled individual to engage in or become the victim of prostitution as defined by Section 43.01. It is not a defense to a prosecution described by this subsection that the trafficked child or disabled (1) lacks the culpable mental state to engage in the (2) did not complete the act of prostitution. SECTION 3. 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 was SECTION 4. This Act takes effect September 1, 2025.
Bill History
Bill filed: AN ACT relating to the prosecution of the offenses of trafficking of
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