HB 118 — The definition of coercion

90R2149 JDB-D By: Collier H.B. No. 118 relating to the definition of coercion for purposes of trafficking of persons.

SECTION 1. Section 20A.01(1-a), Penal Code, is amended to read as follows: (1-a) "Coercion" as defined by Section 1.07 includes: (A) destroying, concealing, confiscating, or withholding from a trafficked person, or threatening to destroy, conceal, confiscate, or withhold from a trafficked person, the person's actual or purported: (i) government records; or (ii) identifying information or documents; (B) causing a trafficked person, without the person's consent, to become intoxicated, as defined by Section 49.01, to a degree that impairs the person's ability to appraise the nature of or resist engaging in any conduct, including performing or providing labor or services; [ or ] (C) withholding alcohol or a controlled substance to a degree that impairs the ability of a trafficked person with a chemical dependency, as defined by Section 462.001, Health and Safety Code, to appraise the nature of or resist engaging in any conduct, including performing or providing labor or services ; (D) manipulating a trafficked person, through emotional or psychological means, to: (i) create a reasonable fear of abandonment, isolation, or nonphysical harm, including psychological, emotional, reputational, relational, or financial harm; (ii) exploit a trafficked person's known emotional, financial, familial, or relational vulnerabilities or dependencies; or (iii) impair a trafficked person's judgment or ability to resist through intimidation, degradation, conditioning, or trauma-related pressure; (E) abusing or exploiting a position of trust, authority, guardianship, caregiving responsibility, or intimate relationship to compel or maintain a trafficked person's compliance; or (F) engaging in a pattern or course of conduct directed at a trafficked person that would cause a reasonable person in the position of the trafficked person to believe that failure to comply would result in physical, psychological, emotional, reputational, relational, or financial harm, even if no single act independently constitutes coercion .

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, 2027.