According to the Legislative Budget Board (LBB), SB 10 could lead to a reduction in demands on state correctional resources. By allowing certain trafficking or compelling prostitution victims to avoid conviction when the defense applies, the bill could decrease the number of individuals placed on community supervision or sentenced to prison or jail.

However, the fiscal impact on the state cannot be precisely determined. There is insufficient data on how often the circumstances qualifying for the affirmative defense would occur, making it impossible to reliably estimate the reduction in correctional populations or related costs. While the bill is expected to have at least some downward pressure on incarceration and supervision numbers, the scale is unknown.

Similarly, the local government impact is indeterminate but may mirror the state effect, potentially lowering the demand on county jails and community supervision resources. Fewer applicable convictions would reduce local expenditures associated with housing inmates or supervising defendants, but again, the magnitude is uncertain due to the lack of relevant prevalence data.

SB 10 closes a gap in Texas criminal law by giving certain victims of human trafficking or compelling prostitution an affirmative defense when they can show their criminal conduct was directly caused by force, fraud, or coercion. Current duress laws require an imminent threat of death or serious bodily injury, which excludes the prolonged, non-physical control and manipulation traffickers often use. This bill modernizes the defense to reflect those realities while preserving accountability. Serious “3g” violent offenses remain excluded unless the person is charged only as a party to the crime.

The legislation is narrowly tailored, limited in application, and comes with safeguards to prevent misuse. It does not grow the size or scope of government, create new programs, or impose new taxes or fees. It also places no additional regulatory burden on individuals or businesses. The only operational impact is within the existing judicial process, where defendants may present evidence to support the defense. The Legislative Budget Board notes the fiscal effect is indeterminate but could reduce incarceration or supervision costs for qualifying cases.

Given its targeted nature, strong protections against abuse, alignment with due process principles, and the fact that it neither expands government authority nor burdens taxpayers, SB 10 represents a balanced reform that protects vulnerable trafficking survivors without weakening public safety. For these reasons, Texas Policy Research recommends that lawmakers vote YES on SB 10.

• Senate Committee on State Affairs: 11Y/0N