A broadly supported effort to shield human trafficking victims from prosecution for crimes they were coerced into committing is set to return to the Texas Legislature in a special session, following a veto by Gov. Greg Abbott last month.
Senate Bill 1278, authored by Sen. Tan Parker (R-Flower Mound), aimed to create an affirmative legal defense for individuals who could prove they were forced to commit crimes under the threat of serious harm while being trafficked. The bill passed unanimously in both the Texas House and Senate during the regular legislative session — a rare show of bipartisan agreement.
But on June 22, just hours before the veto deadline, Abbott rejected the bill, citing concerns it could be too broad in its protections, potentially giving legal cover to criminals who later claim they were once victims of coercion.
“SB 1278 does more than aid and support victims of human trafficking,” Abbott wrote in his veto statement. “It goes beyond that and creates an affirmative defense that could excuse a crime if a defendant claims to be a victim... and claims to have acted in response to coercion or threats.”
The Governor emphasized that Texas remains firmly committed to combatting human trafficking and supporting victims, pointing to the state’s clemency program launched in 2020. That program allows survivors who have been convicted of crimes related to their victimization to seek a pardon — a process that involves applying through the Texas Board of Pardons and Paroles and often takes years.
Critics of the veto, including criminal justice reform groups and witnesses during legislative testimony, argued that the clemency process is slow, limited in scope, and insufficient for addressing the legal burdens many survivors face.
“These individuals deserve every opportunity to rebuild their lives and pursue a path toward healing,” said Parker, who vowed to reintroduce legislation during the special session.
Abbott, in his statement, also warned that the bill’s language could be misused, potentially allowing defendants to escape justice for severe crimes such as rape, murder, or terrorism, if they claimed to have previously been trafficked.
“Legal responsibility cannot always be passed off to someone else,” Abbott wrote. “Some who started off as victims later make a choice to perpetrate similar crimes against others.”
Despite the veto, momentum to protect trafficking victims remains strong. Shortly after rejecting SB 1278, Abbott added a revised version of the bill to the agenda for the 89th Legislature’s first special session, indicating his willingness to support a more narrowly tailored law.
Lt. Gov. Dan Patrick confirmed this week that Parker will sponsor Senate Bill 10, which has not yet been filed but will address similar protections for trafficking survivors.
Groups like the Texas Public Policy Foundation (TPPF) continue to advocate for legislative reform. In a recent post through its “Right on Crime” initiative, TPPF highlighted that more than 1,700 trafficking victims are identified in Texas each year, many of whom are criminalized for actions taken under duress.
Legal experts and advocates say the heart of the issue lies in recognizing the complex realities of trafficking victims, who are often forced to commit crimes ranging from theft to drug offenses and even acts of violence — all under the control of their traffickers.
While acknowledging Abbott’s concerns, Parker and his allies appear committed to striking a balance between justice and accountability.
“I look forward to working with the Governor’s Office and my legislative colleagues to further strengthen this legislation and deliver the justice and compassion these survivors so rightfully deserve,” Parker said.
