According to the Legislative Budget Board (LBB), SB 11 may lead to a reduction in demand on both state and local correctional resources. By adding a narrowly tailored affirmative defense for victims of human trafficking or compelling prostitution, the bill could result in fewer individuals being sentenced to incarceration or community supervision. However, the LBB notes that the full fiscal implications cannot be accurately estimated at this time due to the absence of comprehensive data on how often these circumstances occur in criminal cases statewide.

While the potential exists for decreased costs related to incarceration, probation, and related judicial proceedings, this impact is speculative because it hinges on how frequently courts accept the defense and the prevalence of eligible defendants. Thus, the bill introduces potential savings to the criminal justice system, but the magnitude of those savings is currently indeterminate.

At the local level, similar fiscal dynamics apply. Counties and municipalities could see cost reductions if fewer individuals are housed in local jails or supervised under local probation departments. Still, just as with the state-level implications, the precise fiscal effect at the local level cannot be quantified due to the lack of case-specific data.

SB 11 represents a necessary and just refinement of Texas criminal law by establishing an affirmative defense for victims of human trafficking or compelling prostitution who engage in criminal conduct as a direct result of force, fraud, or coercion. Under existing law, the only available duress defense requires an imminent threat of death or serious bodily injury. This high threshold excludes many trafficking victims whose exploitation does not always involve immediate physical threats but instead involves long-term psychological manipulation, financial control, and fear-inducing tactics. SB 11 modernizes the law to recognize the complex realities of trafficking, offering a path to justice for those unfairly criminalized for acts committed under coercive control.

The bill is carefully crafted to avoid abuse. It does not offer blanket immunity to trafficking victims. Instead, it sets clear evidentiary thresholds: the accused must prove they would not have committed the offense but for the coercion, that a reasonable person in their position would have felt compelled to act, and that they were not merely afforded the opportunity to commit the crime. Moreover, SB 11 explicitly excludes from this defense the most serious violent offenses listed under Article 42A.054(a) of the Code of Criminal Procedure, unless the accused is charged only as a party to the offense. This carve-out ensures that public safety remains paramount while still protecting vulnerable individuals from unjust punishment.

In practice, SB 11 does not expand the size or power of government, impose new costs on taxpayers, or create additional bureaucratic programs. It simply adjusts the scope of criminal liability within the existing judicial process to better align with due process and proportionality. Defendants must still meet the burden of proof, and prosecutors retain full discretion to contest the defense. The bill allows relevant evidence of victim status to be presented but does not require that the trafficker be arrested or convicted, a vital provision, given the often-elusive nature of trafficking networks.

From a fiscal perspective, the Legislative Budget Board (LBB) states that while the precise impact of SB 11 is indeterminate, it could reduce demands on the state and local correctional systems. If fewer trafficking victims are incarcerated or placed on supervision, correctional costs could decrease. However, due to the difficulty of estimating how many cases the defense would affect, no specific savings projection is available. Nonetheless, any downward pressure on incarceration and supervision costs, combined with reduced burdens on courts, represents a positive fiscal outlook.

SB 11 aligns with all five core liberty principles. Ultimately, SB 11 is a narrowly tailored, well-calibrated bill that closes a significant justice gap in Texas law without compromising public safety, expanding government power, or creating fiscal burdens. It honors the principles of due process and reflects a compassionate, practical response to the complex issue of human trafficking. For these reasons, Texas Policy Research recommends that lawmakers vote YES on SB 11.

• Senate Committee on State Affairs: 11Y/0N
• House Committee on Criminal Jurisprudence: 7Y/0N (4 Absent)

• HB 10 (Same As)