Michigan House Bill HB4718

Michigan 2023-2024 Regular Session

• Introduced: 6/8/23
• Refer: 6/8/23
• Report Pass: 10/3/23
• Engrossed: 10/19/23
• Refer: 10/24/23
• Report Pass: 4/23/24
• Refer: 4/23/24
• Report Pass: 6/18/24
• Enrolled: 6/27/24
• Chaptered: 7/30/24
• Passed: 7/30/24

Caption

Criminal procedure: defenses; sexual orientation or gender identity of a victim as a defense to a crime; prohibit. Amends 1927 PA 175 (MCL 760.1 - 777.69) by adding sec. 21d to ch. VIII.

Impact

If passed, this bill would reinforce Michigan's legal framework by explicitly prohibiting defenses that rely on a victim's sexual orientation or gender identity. It would add a new section (21d) to Chapter VIII of the criminal procedure laws, fundamentally altering how such cases are approached by the judiciary. The law aims to reduce biases within legal defenses that can lead to unjust outcomes in cases involving LGBTQ+ individuals, signaling a commitment towards equitable treatment within the legal system.

Summary

House Bill 4718 seeks to amend existing criminal procedure laws in Michigan, specifically by making provisions surrounding the use of a victim's sexual orientation or gender identity as a defense in criminal cases inadmissible in court. This amendment aims to ensure that evidence related to an individual's sex, gender identity, gender expression, or sexual orientation cannot be used to justify acts of violence or to mitigate the responsibility of the accused. The act signifies a progressive step in protecting the rights of individuals affected by crimes based on hate and discrimination.

Sentiment

The sentiment surrounding HB 4718 appears largely supportive among advocacy groups and individuals concerned with civil rights and equality. Proponents argue that legislation like this is essential for ensuring justice for marginalized populations and is an important step towards broader societal acceptance. However, there may also be pockets of opposition focused on concerns about the implications for defendants' rights, with arguments centering on the integrity and fairness of the legal process in terms of allowing all possible defenses.

Contention

Notable points of contention surrounding HB 4718 include debates over individual rights versus community protections, and the broader implications of excluding certain defenses. Critics might argue that such prohibitions could hinder the ability of a defendant to present a complete case, thereby undermining the fair trial principle. The discussions around this bill stress the importance of balancing protections against discrimination with the rights of accused individuals to defend themselves in court.