Human trafficking is a crime that happens in broad daylight as people are forced to do work or commit crimes against their will.

Lawmakers in Austin are discussing how the rules apply to victims of human trafficking who commit crimes after they've been helped out by the justice system

Hidalgo County District Attorney Terry Palacios said it's a challenge for prosecutors.

“A lot of times, it's hard to prosecute,” Palacios said. “If we can have some clarification, that would be great.”

During the most recent regular Texas Legislative session, Gov. Greg Abbott vetoed a bill that would have addressed the issue.

Senate Bill 1278 would have let victims of human trafficking claim duress as a defense against any crimes they're charged with committing on behalf of their trafficker.

Abbott vetoed the bill after saying it went too far to grant immunity to victims of trafficking for committing potentially violent crimes.

UT San Antonio Political Science Professor Jon Taylor said he believes Abbott is trying to tighten the legislation to make it more specific.

“You cannot basically claim a so-called affirmative defense simply because you were a victim of trafficking, and you committed these other crimes,” Taylor said. “You're still culpable for those crimes."

Channel 5 News reached out to all state representatives and senators that represent the Rio Grande Valley for comment on the bill.

Their responses are available at the end of the article.

Palacios said crimes committed after the fact by victims of human trafficking should not be excused.

“f you're a victim of human trafficking, and you're committing a crime at that time, and then you go on and carry on your life, and after we take care of that case, you commit another crime, we're not going to take that too lightly,” Palacios said. “We're probably going to continue prosecuting."

Watch the video above for the full story. 

State Sen. Adam Hinojosa

“The Governor has called on the Legislature to address the needs of human trafficking victims, and I fully support that mission. During the regular session, we passed a bill that offered affirmative defenses to victims who were forced into criminal acts because of their trafficking. I stand firmly with the victims of this horrific crime and support the men and women in law enforcement who work tirelessly to bring traffickers to justice. As we move forward, I will continue working closely with Senator Parker and my colleagues in the Senate to strike the right balance, ensuring protections for victims while upholding law and order across Texas.”

State Sen. Juan "Chuy" Hinojosa

"Traffickers often force their victims to carry out crimes on their behalf. I was proud to vote for SB 1278, which would have provided an affirmative defense to prosecution for survivors of human trafficking and compelling prostitution who were coerced to commit a crime, or did so under duress or threat of violence to themselves or their family. However, the language as passed was ultimately vetoed by Governor Abbott out of concern that it was too broad and extended to crimes that were unrelated to being trafficked. The Legislature will now consider legislation that is more narrowly focused and balances the need to protect survivors with the responsibility to ensure that serious offenses are prosecuted appropriately."

State Rep. R.D. "Bobby" Guerra

“SB 1278 passed the 89th legislative session with unanimous support for the bill in the House and Senate. I voted for it because victims of human trafficking deserve dignity, mercy, and a safe harbor from which to rebuild their lives. I will continue to work to prevent human trafficking, which includes punishing the perpetrators of this heinous crime and protecting the victims of human trafficking.”

State Rep. Elizabeth Gamez

“I voted for the original bill: SB 1278 during the regular session. If the version that is brought to the House floor is substantially similar, I will vote “Yea” again to make sure the victims of human trafficking are not wrongfully convicted for actions they were forced into. As your State Representative, I am committed to supporting and helping the survivors of human trafficking.”

State Rep. Terry Canales

“As a strong advocate for justice and compassion in our legal system, I welcome the Governor’s decision to revisit Senate Bill 1278 during this special session. The legislation by Senator Tan Parker and my House colleague Senfronia Thompson would have taken a critical step in recognizing the harsh reality that many individuals charged with certain offenses, who are victims of human trafficking, were coerced by their traffickers. SB 1278 would have provided an affirmative defense to a prosecution for those who were compelled to commit crimes like prostitution or other crimes as a direct result of being trafficked. This is not about excusing criminal behavior; it’s about ensuring that victims are not punished for the crimes of their traffickers. By acknowledging their victimization, we can begin to offer them a path to recovery and a chance to rebuild their lives. I look forward to working with my colleagues and the Governor to ensure this important protection becomes law.”

State Rep. Sergio Munoz

“To further victimize survivors of human trafficking by prosecuting them for acts they were forced to commit is not justice. If passed, this bill would let the justice system focus on real criminals, the human traffickers that have no place in our communities.”