HB2761 - Relating to the prosecution of the offenses of trafficking of persons, continuous trafficking of persons, and compelling prostitution.

      H.B. No. 2761         AN ACT   relating to the prosecution of the offenses of trafficking of   persons, continuous trafficking of persons, and compelling   prostitution.          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   act of prostitution; or                 (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   individual:                 (1)     lacks the culpable mental state to engage in the   act of prostitution; or                 (2)  did not complete the act of prostitution.          SECTION 3.  Section 43.05, Penal Code, is amended by adding   Subsection (e) to read as follows:           (e)     It is not a defense to prosecution under Subsection   (a)(2) or (3) that the child or disabled individual:                 (1)     lacks the culpable mental state to engage in the   act of prostitution; or                 (2)  did not complete the act of prostitution.          SECTION 4.  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   committed before that date.          SECTION 5.  This Act takes effect September 1, 2025.       ______________________________ ______________________________      President of the Senate Speaker of the House                   I certify that H.B. No. 2761 was passed by the House on May   12, 2025, by the following vote:  Yeas 145, Nays 0, 1 present, not   voting.     ______________________________   Chief Clerk of the House                 I certify that H.B. No. 2761 was passed by the Senate on May   26, 2025, by the following vote:  Yeas 31, Nays 0.     ______________________________   Secretary of the Senate       APPROVED:  _____________________                      Date                           _____________________                    Governor