The bill passed both chambers unanimously, as it did during the regular session.
Update
SB 11 passed on third reading by a vote of 137 ayes to one nay.
Legislation establishing an affirmative defense to prosecution for human trafficking victims who may have committed crimes while in captivity is headed back to Gov. Greg Abbott’s desk for round two.
Senate Bill (SB) 11 by state Sen. Tan Parker (R-Flower Mound), creating an affirmative defense to the prosecution of suspects who were allegedly coerced into committing crimes or who acted under duress or threat of imminent death or serious bodily injury, was taken up and passed unanimously on second reading by the lower chamber on Tuesday morning.
State Rep. David Cook (R-Mansfield), who carried SB 11 through the House, stated upon introduction of the bill for third reading that it “ensures that victims of human trafficking and prostitution are not punished for crimes that they were forced to commit.”
He continued that it “creates an affirmative defense to prosecution for individuals who engaged in illegal conduct as a direct result of fraud, force, or coercion at the hands of their traffickers.”
Cook referenced SB 1278, also authored by Parker, from the 89th regular session — which was vetoed by Gov. Greg Abbott after it passed both chambers unanimously. Abbott expressed his belief in the bill’s necessity, while citing concerns that it went too far in its protections, potentially opening the door for individuals who freely commit crimes to plead not guilty due to some form of past coercion.
Abbott stated that SB 1278 did “more than aid and support victims of human trafficking,” creating “an affirmative defense that could excuse a crime if a defendant claims to be a victim of human trafficking or compelled prostitution and claims to have acted in response to coercion or threats.”
Parker filed his altered version of SB 1278 as SB 10 during the first called special session, during which it unanimously passed its Senate committee and on third reading in the Senate. It ultimately died in the lower chamber due to the two-week quorum break by members of the Texas House Democratic Caucus, during which various priority items were left to expire in the lower chamber. Shortly after the second special session kicked off, Parker re-filed the bill as SB 11, which unanimously passed the Senate on August 18.
Cook acknowledged the governor’s concerns, explaining that SB 11 was a more “narrowly tailored” piece of legislation, as it it excludes “more serious ‘3G’ offenses such as murder, kidnapping, sexual assault, and robbery, while still protecting victims who were convicted under the law of parties since they were not the primary perpetrators.”
“I urge you to support Senate Bill 11 and send a clear message in Texas: we protect the victims, not punish them,” he concluded, moving the bill forward to third reading.
Cook received little pushback except from state Rep. Nicole Collier (D-Fort Worth), who pointedly noted that in previous sessions, state Rep. Senfronia Thompson (D-Houston) carried this identical legislation through the House via her own filed bill. The override of Thompson is indicative of the heightened tensions between members after the quorum bust and increased unity within the GOP.
SB 11 will now be sent to Gov. Greg Abbott’s desk where it may be signed into law, take effect through his nonaction, or be vetoed yet again.