| 1 | 1 | | 86R14471 ADM-F |
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| 2 | 2 | | By: Hinojosa H.B. No. 3281 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to a limitation on the use of a victim's gender identity or |
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| 8 | 8 | | sexual orientation as the basis for a defense in the trial of a |
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| 9 | 9 | | criminal offense. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Title 2, Penal Code, is amended by adding Chapter |
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| 12 | 12 | | 10 to read as follows: |
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| 13 | 13 | | CHAPTER 10. LIMITATION OF DEFENSE BASED ON VICTIM IDENTITY |
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| 14 | 14 | | Sec. 10.01. DEFINITIONS. In this chapter: |
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| 15 | 15 | | (1) "Gender identity" means the actual or perceived |
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| 16 | 16 | | gender-related identity, expression, appearance, mannerisms, or |
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| 17 | 17 | | other gender-related characteristics of an individual, regardless |
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| 18 | 18 | | of the individual's designated sex at birth. |
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| 19 | 19 | | (2) "Sexual orientation" means actual or perceived |
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| 20 | 20 | | heterosexuality, homosexuality, or bisexuality. |
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| 21 | 21 | | Sec. 10.02. LIMITATION OF DEFENSE BASED ON VICTIM IDENTITY. |
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| 22 | 22 | | (a) This section applies in the prosecution of any offense under |
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| 23 | 23 | | this code. |
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| 24 | 24 | | (b) The use of force against another is not justified and an |
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| 25 | 25 | | actor does not reasonably believe that the use of force is |
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| 26 | 26 | | immediately necessary if the use of force occurs in response to: |
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| 27 | 27 | | (1) the actor's discovery or knowledge of, or the |
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| 28 | 28 | | victim's disclosure or potential disclosure of, the gender identity |
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| 29 | 29 | | or sexual orientation of the victim; or |
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| 30 | 30 | | (2) a nonviolent romantic or sexual advance made by |
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| 31 | 31 | | the victim toward the actor. |
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| 32 | 32 | | (c) A defendant may not raise the issue that the defendant |
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| 33 | 33 | | demonstrated a lower degree of culpability than that charged if the |
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| 34 | 34 | | defendant's claim of a lower degree of culpability is based on: |
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| 35 | 35 | | (1) the defendant's discovery or knowledge of, or the |
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| 36 | 36 | | victim's disclosure or potential disclosure of, the gender identity |
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| 37 | 37 | | or sexual orientation of the victim; or |
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| 38 | 38 | | (2) a nonviolent romantic or sexual advance made by |
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| 39 | 39 | | the victim toward the defendant. |
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| 40 | 40 | | (d) When determining whether a defendant committed an |
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| 41 | 41 | | offense under the immediate influence of sudden passion arising |
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| 42 | 42 | | from an adequate cause, it is not an adequate cause that the offense |
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| 43 | 43 | | resulted from: |
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| 44 | 44 | | (1) the defendant's discovery or knowledge of, or the |
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| 45 | 45 | | victim's disclosure or potential disclosure of, the gender identity |
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| 46 | 46 | | or sexual orientation of the victim; or |
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| 47 | 47 | | (2) a nonviolent romantic or sexual advance made by |
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| 48 | 48 | | the victim toward the defendant. |
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| 49 | 49 | | (e) This section applies regardless of whether a |
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| 50 | 50 | | defendant's knowledge, discovery, or belief regarding the victim's |
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| 51 | 51 | | gender identity or sexual orientation was accurate. |
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| 52 | 52 | | SECTION 2. The change in law made by this Act applies only |
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| 53 | 53 | | to an offense committed on or after the effective date of this Act. |
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| 54 | 54 | | An offense committed before the effective date of this Act is |
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| 55 | 55 | | governed by the law in effect on the date the offense was committed, |
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| 56 | 56 | | and the former law is continued in effect for that purpose. For |
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| 57 | 57 | | purposes of this section, an offense was committed before the |
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| 58 | 58 | | effective date of this Act if any element of the offense occurred |
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| 59 | 59 | | before that date. |
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| 60 | 60 | | SECTION 3. This Act takes effect September 1, 2019. |
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