13 | 13 | | A BILL TO BE ENTITLED 1 |
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14 | 14 | | AN ACT TO PROHIBIT A DEFENSE TO HOMICIDE OR ASSAULT BASED ON THE 2 |
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15 | 15 | | DISCOVERY OF, PERCEPTION OF, OR BELIEF ABOUT ANOTHER PERSON 'S SEX, 3 |
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16 | 16 | | GENDER, GENDER IDENTITY, OR SEXUAL ORIENTATION . 4 |
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17 | 17 | | The General Assembly of North Carolina enacts: 5 |
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18 | 18 | | SECTION 1. Article 6 of Chapter 14 of the General Statutes is amended by adding 6 |
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19 | 19 | | a new section to read: 7 |
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20 | 20 | | "§ 14-18.3. Prohibited defense. 8 |
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21 | 21 | | (a) Prohibition. – Notwithstanding any provision of law to the contrary, the discovery of, 9 |
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22 | 22 | | perception of, or belief about another person's actual or perceived sex, gender, gender identity, 10 |
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23 | 23 | | or sexual orientation, whether or not accurate, is not a defense to a prosecution under this Article 11 |
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24 | 24 | | and is not provocation negating malice as an element of murder. 12 |
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25 | 25 | | (b) Construction. – Nothing in this section shall be construed as precluding the admission 13 |
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26 | 26 | | of evidence of a victim's or witness's conduct, behavior, or statements that is relevant and 14 |
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27 | 27 | | otherwise admissible." 15 |
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28 | 28 | | SECTION 2. Article 8 of Chapter 14 of the General Statutes is amended by adding 16 |
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29 | 29 | | a new section to read: 17 |
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30 | 30 | | "§ 14-34.11. Prohibited defense. 18 |
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31 | 31 | | (a) Prohibition. – Notwithstanding any provision of law to the contrary, the discovery of, 19 |
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32 | 32 | | perception of, or belief about another person's actual or perceived sex, gender, gender identity, 20 |
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33 | 33 | | or sexual orientation, whether or not accurate, is not a defense to a prosecution under this Article. 21 |
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34 | 34 | | (b) Construction. – Nothing in this section shall be construed as precluding the admission 22 |
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35 | 35 | | of evidence of a victim's or witness's conduct, behavior, or statements that is relevant and 23 |
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36 | 36 | | otherwise admissible." 24 |
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37 | 37 | | SECTION 3. Prosecutions for offenses committed before the effective date of this 25 |
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38 | 38 | | act are not abated or affected by this act, and the statutes that would be applicable but for this act 26 |
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39 | 39 | | remain applicable to those prosecutions. 27 |
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40 | 40 | | SECTION 4. This act becomes effective December 1, 2025, and applies to offenses 28 |
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41 | 41 | | committed on or after that date. 29 |
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