Texas Senate Bill SB887

Texas 2019 - 86th Regular

Caption

Relating to the consideration of the gender identity or sexual preference of certain victims, witnesses, or defendants in criminal proceedings.

Impact

The proposed legislation seeks to mitigate the potential biases that may arise during legal proceedings. By introducing a special charge for jurors, the bill aims to ensure that personal biases towards a person’s gender identity or sexual preference do not unduly influence the jury’s assessment of credibility. This marks a significant step toward inclusivity within the justice system, emphasizing the need for fair trial rights for all individuals, regardless of their identity.

Summary

Senate Bill 887 (SB887) addresses the treatment of gender identity and sexual preference in criminal proceedings in Texas. The bill amends the Code of Criminal Procedure to include provisions that encourage juries to consider the evidence impartially, without the influence of bias or prejudice against individuals based on their gender identity or sexual preference. This is particularly relevant in cases involving victims, witnesses, or defendants who identify differently than the traditional gender roles or norms.

Contention

While the intent of SB887 is to promote fairness and reduce discrimination, there may be concerns about the applicability of the special charge and how effectively it can be implemented in real court situations. Critics might argue that the effectiveness of such charges is uncertain, and there could be resistance from traditionalist perspectives about altering jury instructions, which may not resonate with all members of the legal community. Nonetheless, the bill's proponents argue that it counters existing prejudices and fosters a more equitable legal framework.

Implementation

If enacted, SB887 would reinforce the judicial principle that a person's gender identity or sexual preference should not influence the legal process. It would require trial judges to instruct jurors explicitly about these considerations, potentially setting a precedent for future legislation aimed at protecting the rights of marginalized groups in Texas. Overall, the bill signifies ongoing efforts to address the complexities surrounding identity within criminal justice systems.