Pennsylvania 2025-2026 Regular Session

Pennsylvania Senate Bill SB212

Introduced
3/21/25  

Caption

In general provisions relating to offenses involving danger to the person, further providing for definitions.

Impact

If enacted, SB 212 will significantly impact how cases of violence are adjudicated in relation to provocation defenses. By explicitly excluding aspects of a victim's sexual orientation and gender identity from the provocation considerations, the bill seeks to uphold protections for individuals against acts of violence that could be unjustifiably mitigated by defendants claiming provocation based on these attributes. This legislative move is seen as crucial in reinforcing the legal stance that a victim's identity should not be used to justify violent actions against them.

Summary

Senate Bill 212 aims to amend the definitions within Title 18 of the Pennsylvania Consolidated Statutes, specifically relating to provisions that pertain to offenses involving danger to the person. The key change introduced by this bill is the clarification regarding the term 'serious provocation,' which will specify that such provocation does not include actions surrounding the discovery or potential disclosure of a victim's sexual orientation or gender identity. This modification is intended to help prevent the use of provocation defenses that can unfairly leverage a victim's identity in cases of violence.

Sentiment

The overall sentiment regarding SB 212 appears to be positive among advocacy groups focused on LGBTQ+ rights and protections. Supporters argue that the bill strengthens the legal framework against discrimination and violence targeted at individuals based on their identity. However, opposition may arise from groups concerned about changes to self-defense claims and the implications for defendants in violent crime cases, who may feel their arguments for provocation are being limited.

Contention

A notable point of contention surrounding SB 212 will likely be its potential effect on self-defense cases and interpretations of provocation. Critics may argue that by limiting the definition of serious provocation, the bill could impact defendants' rights to present their full context in court. This highlights a broader debate on how laws can balance the rights of victims against those of defendants, particularly in cases involving sensitive issues around identity and relationships.

Companion Bills

No companion bills found.

Previously Filed As

PA HB637

In general provisions relating to offenses involving danger to the person, further providing for definitions.

PA SB902

In general provisions relating to offenses involving danger to the person, further providing for definitions.

PA SB166

In general provisions, further providing for definitions.

PA HB2004

In general provisions, further providing for definitions.

PA HB1503

In sentencing, further providing for sentencing generally.

PA SB1111

In sentencing, further providing for definitions and for sexual offenses and tier system.

PA HB1187

In authorized disposition of offenders, further providing for Accelerated Rehabilitative Disposition prohibited; in criminal homicide, further providing for the offense of murder; in assault, further providing for the offense of stalking and for the offense of unauthorized administration of intoxicant; in sexual offenses, further providing for definitions and for the offense of rape, repealing provisions relating to the offense of involuntary deviate sexual intercourse and further providing for the offense of sexual assault, for the offense of institutional sexual assault, for the offense of sexual assault by sports official, volunteer or employee of nonprofit association, for the offense of aggravated indecent assault and for general rule relating to loss of property rights; in wiretapping and electronic surveillance, further providing for definitions and for order authorizing interception of wire, electronic or oral communications; in public indecency, further providing for the offense of prostitution and related offenses; in firearms and other dangerous articles, further providing for persons not to possess, use, manufacture, control, sell or transfer firearms; in minors, further providing for transmission of sexually explicit images by minor; in criminal history record information, further providing for expungement and for juvenile records; in child custody, further providing for consideration of criminal conviction; in protection from abuse, further providing for definitions; in child protective services, further providing for definitions, for exclusions from child abuse and for employees having contact with children and adoptive and foster parents; in domestic and sexual violence victim address confidentiality, further providing for penalties; in limitation of time, further providing for infancy, insanity or imprisonment, for no limitation applicable and for other offenses; in depositions and witnesses, further providing for spouses as witnesses against each other and for hearsay; in juvenile matters, further providing for definitions, for inspection of court files and records, for law enforcement records, for conduct of hearings, for transfer to criminal proceedings and for assessment of delinquent children by the State Sexual Offenders Assessment Board; in court-ordered involuntary treatment of certain sexually violent persons, further providing for definitions and for court-ordered involuntary treatment; in sentencing, further providing for sentences for second or subsequent offenses, for sentences for offenses against elderly persons, for sentences for offenses against infant persons, for sentences for offenses committed while impersonating a law enforcement officer, for sentencing for trafficking of persons, for definitions, for sexual offenses and tier system, for termination of period of registration for juvenile offenders, for assessments, for registration and for assessments; in judicial change of name, further providing for change by order of court; in Pennsylvania Board of Probation and Parole, further providing for parole procedure; and, in interstate compacts, further providing for supervision of persons paroled by other states.

PA SB983

In general provisions, further providing for classes of offenses; in authorized disposition of offenders, providing for sentence for trafficking in minors to sexual servitude; in human trafficking, further providing for trafficking in individuals; and, in sentencing authority, providing for sentencing procedure for trafficking in minors to sexual servitude.

PA SB49

In firearms and other dangerous articles, further providing for definitions.

PA HB894

In general provisions relating to video gaming, further providing for definitions.

Similar Bills

No similar bills found.