Wisconsin Assembly Bill AB307

Wisconsin 2023-2024 Regular Session

• Introduced: 6/9/23
• Refer: 6/9/23
• Failed: 4/15/24

Caption

Eliminating criminal defenses of adequate provocation, self-defense, or not guilty by reason of mental disease or defect if the claim is based on the victim's gender identity or sexual orientation.

Impact

If enacted, AB307 would significantly impact state law by reinforcing the legal protections for individuals based on their gender identity and sexual orientation. Defendants would be unable to use arguments tied to these aspects of a victim's identity to mitigate their criminal responsibilities, which may lead to more severe legal consequences for defendants in cases involving violent acts. The bill also aims to send a strong message regarding the state's stance on discrimination and violence against the LGBTQ+ community.

Summary

Assembly Bill 307 seeks to amend current legislative statutes by eliminating specific defenses in criminal cases when the defendant's claim relates to the victim's gender identity or sexual orientation. The bill stipulates that adequate provocation or self-defense cannot be asserted if the criminal act was provoked by the victim's actual or perceived gender identity, expression, or sexual orientation. This includes scenarios where the victim may have made a romantic advance without any threat of force, effectively altering how the courts handle cases involving these identities.

Contention

Debate surrounding AB307 is likely to address issues of legal defense and personal accountability. Critics of the bill may argue that removing these defenses undermines the rights of defendants and limits their ability to present comprehensive defenses in trials. Furthermore, concerns could be raised that the legislation might result in injustices within the criminal justice system, particularly in instances where defendants have claims involving complicated mental health issues or prior victimization. Proponents, on the other hand, will emphasize the need to protect marginalized communities from violence and to prevent the misuse of the legal system to justify harmful actions based on bias against a person's identity.