Arkansas Senate Bill SB60

Arkansas 2023 Regular Session

• Introduced: 1/12/23
• Refer: 1/17/23
• Failed: 5/1/23

Caption

To Abolish The Panic Defense.

Impact

If enacted, SB60 would directly amend existing state laws related to the prosecution of violent crimes. It represents a progressive step toward protecting the rights and dignity of individuals from violent acts rooted in prejudice and discrimination. The bill's proponents argue that this change will send a strong message against hate-driven violence and promote a more equitable legal framework where individuals are held accountable for their actions regardless of victim characteristics. This legislative change is anticipated to impact the legal landscape significantly, particularly for LGBTQ+ individuals who have historically been subject to additional victimization under these defenses.

Summary

Senate Bill 60 aims to abolish the so-called 'panig defense' in Arkansas, which historically allowed defendants to argue that they were provoked to commit violent acts based on the victim's sexual orientation or gender identity. The bill seeks to amend Arkansas Code Title 5, Chapter 2, Subchapter 6, adding a new section that specifically states that such 'panic' reactions will no longer be accepted as a valid defense in violent crime prosecutions. This legislative move reflects a significant shift in how the legal system addresses the motivations behind violent acts related to LGBTQ+ identities, ensuring that such aspects cannot be used to justify violence against individuals based on their sexual orientation or gender identity.

Contention

While the bill has garnered support from various advocacy groups aiming to protect LGBTQ+ rights, it may encounter opposition from certain legal groups or individuals who believe in the right to a full defense based on emotional responses to revelations about a victim's identity. The contention predominantly revolves around the balance between ensuring justice for victims of violent crimes and providing defendants with the opportunity to present their cases comprehensively. The discussions around SB60 likely focus on the need for legal protections against discrimination reduced in the courtroom, juxtaposed against arguments for the preservation of a defendant's rights to a robust defense.