86R2541 ADM-D
By: Menéndez S.B. No. 887
A BILL TO BE ENTITLED
AN ACT
relating to the consideration of the gender identity or sexual
preference of certain victims, witnesses, or defendants in criminal
proceedings.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 36, Code of Criminal Procedure, is
amended by adding Article 36.155 to read as follows:
Art. 36.155. REQUESTED SPECIAL CHARGE: GENDER IDENTITY OR
SEXUAL PREFERENCE OF VICTIM, WITNESS, OR DEFENDANT. (a) In this
article:
(1) "Gender identity" means having or being perceived
as having a gender-related identity, appearance, expression, or
behavior, regardless of whether that identity, appearance,
expression, or behavior is different from that commonly associated
with the person's actual or perceived sex.
(2) "Sexual preference" means a preference for
heterosexuality, homosexuality, or bisexuality.
(b) Counsel on both sides may request a special charge be
given instructing the jury not to let bias, sympathy, prejudice, or
public opinion toward persons having a particular gender identity
or sexual preference influence the jury's ability to impartially
evaluate the credibility of a victim, witness, or defendant.
(c) If a charge described by this article is requested by
counsel, the court must include the special charge in the final
charge given to the jury.
SECTION 2. Article 36.19, Code of Criminal Procedure, is
amended to read as follows:
Art. 36.19. REVIEW OF CHARGE ON APPEAL. Whenever it appears
by the record in any criminal action upon appeal that any
requirement of Articles 36.14, 36.15, 36.155, 36.16, 36.17, and
36.18 has been disregarded, the judgment shall not be reversed
unless the error appearing from the record was calculated to injure
the rights of defendant, or unless it appears from the record that
the defendant has not had a fair and impartial trial. All
objections to the charge and to the refusal of special charges shall
be made at the time of the trial.
SECTION 3. Section 9.31(a), Penal Code, is amended to read
as follows:
(a) Except as provided in Subsection (b) and Section 9.315,
a person is justified in using force against another when and to the
degree the actor reasonably believes the force is immediately
necessary to protect the actor against the other's use or attempted
use of unlawful force. The actor's belief that the force was
immediately necessary as described by this subsection is presumed
to be reasonable if the actor:
(1) knew or had reason to believe that the person
against whom the force was used:
(A) unlawfully and with force entered, or was
attempting to enter unlawfully and with force, the actor's occupied
habitation, vehicle, or place of business or employment;
(B) unlawfully and with force removed, or was
attempting to remove unlawfully and with force, the actor from the
actor's habitation, vehicle, or place of business or employment; or
(C) was committing or attempting to commit
aggravated kidnapping, murder, sexual assault, aggravated sexual
assault, robbery, or aggravated robbery;
(2) did not provoke the person against whom the force
was used; and
(3) was not otherwise engaged in criminal activity,
other than a Class C misdemeanor that is a violation of a law or
ordinance regulating traffic at the time the force was used.
SECTION 4. Subchapter C, Chapter 9, Penal Code, is amended
by adding Section 9.315 to read as follows:
Sec. 9.315. GENDER IDENTITY OR SEXUAL PREFERENCE OF VICTIM
NOT JUSTIFICATION. (a) In this section:
(1) "Gender identity" means having or being perceived
as having a gender-related identity, appearance, expression, or
behavior, regardless of whether that identity, appearance,
expression, or behavior is different from that commonly associated
with the person's actual or perceived sex.
(2) "Sexual preference" means a preference for
heterosexuality, homosexuality, or bisexuality.
(b) The use of force against another is not justified if the
conduct occurs solely in response to the actor's discovery or
knowledge of the gender identity or sexual preference of the person
against whom the force is used.
(c) This section applies regardless of whether the actor's
discovery or knowledge was accurate.
(d) If, in the trial of an offense arising from the actor's
use of force against another, evidence is introduced that the actor
used the force in response to the actor's discovery or knowledge of
the gender identity or sexual preference of the person against whom
the force was used, the court shall charge the jury in accordance
with the provisions of this section.
SECTION 5. The change in law made by this Act applies only
to an offense committed on or after the effective date of this Act.
An offense committed before the effective date of this Act is
governed by the law in effect on the date the offense was committed,
and the former law is continued in effect for that purpose. For
purposes of this section, an offense was committed before the
effective date of this Act if any element of the offense occurred
before that date.
SECTION 6. This Act takes effect September 1, 2019.