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      S.B. No. 1278         AN ACT   relating to an affirmative defense to prosecution for 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)   It is an affirmative defense to prosecution that   the actor was a victim of an offense under Section 20A.02 or 43.05   who engaged in the conduct charged because the person who had   committed the offense of which the actor was a victim:                 (1)  coerced the actor;                 (2)  caused the actor to act under duress; or                 (3)     threatened the actor or a member of the actor's   family or household with imminent death or serious bodily injury.           (b)  Subsection (a) does not apply if:                 (1)     the coercion, duress, or threat would not cause a   reasonable person to engage in the conduct charged; or                 (2)     the actor was merely provided an opportunity to   engage in the conduct.           (c)     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.               ______________________________ ______________________________      President of the Senate Speaker of the House                 I hereby certify that S.B. No. 1278 passed the Senate on   May 7, 2025, by the following vote:  Yeas 31, Nays 0.       ______________________________   Secretary of the Senate                I hereby certify that S.B. No. 1278 passed the House on   May 23, 2025, by the following vote:  Yeas 140, Nays 0, one   present not voting.       ______________________________   Chief Clerk of the House            Approved:     ______________________________                Date       ______________________________              Governor