New Hampshire House Bill HB238

New Hampshire 2022 Regular Session

• Introduced: 1/9/21
• Refer: 1/9/21
• Report Pass: 11/16/21
• Report DNP: 11/16/21
• Engrossed: 1/18/22
• Refer: 1/18/22
• Refer: 4/27/22

Caption

Prohibiting provocations based on a victims actual or perceived gender, gender identity, gender expression, or sexual orientation from being used as a defense in manslaughter cases.

Impact

The enactment of HB 238 will reform existing laws related to manslaughter by explicitly contextualizing what constitutes appropriate provocation. The revision makes it clear that provocation becomes objectively unreasonable if it originates from a victim's attributes related to gender or sexual identity. This change aims to diminish the potential for defenses that rely on prejudice or bias against marginalized groups, enhancing legal protections for victims who identify as members of the LGBTQ+ community. Additionally, this bill reinforces the notion that emotional disturbance as a defense cannot be based on discriminatory impulses.

Summary

House Bill 238 seeks to enhance the protection of victims in manslaughter cases by prohibiting the use of provocations based on a victim’s actual or perceived gender, gender identity, gender expression, or sexual orientation as a legal defense. This legislative initiative aims to ensure that discrimination or bias related to these aspects cannot be used to justify violent actions against another individual. By making this change, the bill aligns the legal framework with contemporary understandings of gender and sexual orientation, emphasizing the importance of treating all individuals with dignity and respect under the law.

Contention

While HB 238 received bipartisan sponsorship, discussions surrounding the bill highlighted some contentious points. Supporters argued that the existing legal framework allows for damaging stereotypes to influence legal defenses, which could lead to unjust outcomes in manslaughter cases. Conversely, opponents expressed concerns that the proposed changes might limit the rights of defendants to present their full range of defenses based on personal experiences. This tension between victim protection and defendant rights is emblematic of the broader societal debates surrounding gender, identity, and violence, rendering HB 238 a focal point in discussions about justice and equity in criminal law.