Texas has expanded its criminal code and penalties related to human trafficking, sexual abuse, and dangerous offenders. These new statutes increase prosecutorial authority, remove early release options in certain cases, and restrict the use of confidentiality agreements in trauma-related litigation.
Here’s what’s changing, and what these updates could mean if you or someone you love is facing serious criminal charges in Texas.
Senate Bill 9 (SB 9) significantly changes how bail works in serious criminal cases across Texas. Prosecutors now have the right to appeal bail decisions they believe are too low or unsafe, especially in cases involving violent felonies, repeat offenders, or human trafficking.
If a judge grants bail that prosecutors believe risks public safety, they can file a direct appeal, and the court of appeals must review it within 20 days.
The new law also limits who can reduce bail amounts. Only elected judges may lower or modify bail set by another elected judge. Magistrates and appointed officers no longer have the authority to make those reductions, ensuring greater accountability for high-risk decisions.
For anyone facing serious charges, this change narrows the window for pretrial release.
Prosecutors can now actively block or delay bail if they argue the amount endangers public safety, and judges have less flexibility to adjust bail once it’s set.
That means a misstep early in your case, even before indictment, could determine whether you wait for trial at home or in custody.
Under House Bill 2306 (HB 2306), anyone convicted of human trafficking involving a child or a disabled individual is now ineligible for parole in Texas.
This means that once sentenced, the individual must serve the full term of imprisonment, no early release, no parole hearings, and no time off through standard parole eligibility rules.
This is a significant change in sentencing for trafficking offenses.
Previously, certain offenders could qualify for parole review after serving a portion of their sentence; that option is now eliminated for the most serious cases involving vulnerable victims.
Texas has made it clear that human trafficking crimes involving children or disabled individuals will be treated with zero leniency.
If you are under investigation or charged in a trafficking case, the sentencing exposure is now absolute; parole is off the table. This means plea negotiations, trial strategy, and mitigation efforts must be handled with precision from the outset.
Senate Bill 1212 (SB 1212) every human-trafficking offense in Texas is now classified as a first-degree felony, the state’s most serious category of crime.
That means any trafficking conviction, even without aggravating factors, now carries a potential sentence of 5 to 99 years or life in prison.
In certain cases, such as when the trafficking occurs near a school, youth center, shelter, or similar protected location, the minimum sentence increases to 25 years to life.
This law eliminates nearly all flexibility in how trafficking cases are charged or punished. Prosecutors no longer need to prove aggravating elements to pursue first-degree penalties, and judges have limited discretion to impose lighter sentences.
If you’re under investigation for any form of trafficking, early and specialized legal counsel is a must, because once charged, exposure now begins at the highest felony level.
Named in memory of Trey Carlock, a survivor who was silenced by a nondisclosure agreement after enduring sexual abuse, Senate Bill 835 (SB 835), known as Trey’s Law, makes it illegal to enforce confidentiality agreements that prevent someone from disclosing sexual abuse or related facts.
The law applies to sexual assault, child indecency, sexual performance of a child, human trafficking, and compelling prostitution.
Any NDA, settlement clause, or employment contract provision that restricts a survivor (or anyone else) from speaking about the abuse is now void and unenforceable as a matter of public policy.
Parties may still agree to keep financial or payment terms confidential, but not the facts of the abuse itself.
The rule applies to new and existing agreements, though enforcing an older NDA now requires a court declaration confirming it’s valid, a high bar to meet.
For survivors, this law removes a major barrier to justice and transparency.
For defendants, civil attorneys, and organizations, it changes how confidentiality and settlement discussions must be handled.
NDAs can no longer be used to suppress reports of sexual abuse or trafficking, and any attempt to do so could backfire in both civil and criminal proceedings.
These new laws aren’t just symbolic; they reshape the entire framework around serious felony charges, particularly trafficking and abuse-related offenses.
If you or a loved one is accused, here’s what to do:
Texas’s new laws signal a shift in how serious offenses, especially trafficking and abuse-related cases, are handled. Bail is tighter, parole opportunities are dwindling, and confidentiality protections are changing. That means earlier, stronger action from the defense side is all the more important.
If you or a loved one is under investigation, charged, or navigating a related case, don’t wait to see how the law develops; the changes are already here.
At The Law Office of Brett A. Podolsky, we monitor every new statute and court interpretation to make sure our clients are protected under the law as it stands today.
Contact us for a confidential consultation to understand how these updates may affect your case and how to respond strategically.
