Texas 2019 - 86th Regular

Texas Senate Bill SB887 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	86R2541 ADM-D
2	2	By: Menéndez S.B. No. 887
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the consideration of the gender identity or sexual
8	8	preference of certain victims, witnesses, or defendants in criminal
9	9	proceedings.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Chapter 36, Code of Criminal Procedure, is
12	12	amended by adding Article 36.155 to read as follows:
13	13	Art. 36.155. REQUESTED SPECIAL CHARGE: GENDER IDENTITY OR
14	14	SEXUAL PREFERENCE OF VICTIM, WITNESS, OR DEFENDANT. (a) In this
15	15	article:
16	16	(1) "Gender identity" means having or being perceived
17	17	as having a gender-related identity, appearance, expression, or
18	18	behavior, regardless of whether that identity, appearance,
19	19	expression, or behavior is different from that commonly associated
20	20	with the person's actual or perceived sex.
21	21	(2) "Sexual preference" means a preference for
22	22	heterosexuality, homosexuality, or bisexuality.
23	23	(b) Counsel on both sides may request a special charge be
24	24	given instructing the jury not to let bias, sympathy, prejudice, or
25	25	public opinion toward persons having a particular gender identity
26	26	or sexual preference influence the jury's ability to impartially
27	27	evaluate the credibility of a victim, witness, or defendant.
28	28	(c) If a charge described by this article is requested by
29	29	counsel, the court must include the special charge in the final
30	30	charge given to the jury.
31	31	SECTION 2. Article 36.19, Code of Criminal Procedure, is
32	32	amended to read as follows:
33	33	Art. 36.19. REVIEW OF CHARGE ON APPEAL. Whenever it appears
34	34	by the record in any criminal action upon appeal that any
35	35	requirement of Articles 36.14, 36.15, 36.155, 36.16, 36.17, and
36	36	36.18 has been disregarded, the judgment shall not be reversed
37	37	unless the error appearing from the record was calculated to injure
38	38	the rights of defendant, or unless it appears from the record that
39	39	the defendant has not had a fair and impartial trial. All
40	40	objections to the charge and to the refusal of special charges shall
41	41	be made at the time of the trial.
42	42	SECTION 3. Section 9.31(a), Penal Code, is amended to read
43	43	as follows:
44	44	(a) Except as provided in Subsection (b) and Section 9.315,
45	45	a person is justified in using force against another when and to the
46	46	degree the actor reasonably believes the force is immediately
47	47	necessary to protect the actor against the other's use or attempted
48	48	use of unlawful force. The actor's belief that the force was
49	49	immediately necessary as described by this subsection is presumed
50	50	to be reasonable if the actor:
51	51	(1) knew or had reason to believe that the person
52	52	against whom the force was used:
53	53	(A) unlawfully and with force entered, or was
54	54	attempting to enter unlawfully and with force, the actor's occupied
55	55	habitation, vehicle, or place of business or employment;
56	56	(B) unlawfully and with force removed, or was
57	57	attempting to remove unlawfully and with force, the actor from the
58	58	actor's habitation, vehicle, or place of business or employment; or
59	59	(C) was committing or attempting to commit
60	60	aggravated kidnapping, murder, sexual assault, aggravated sexual
61	61	assault, robbery, or aggravated robbery;
62	62	(2) did not provoke the person against whom the force
63	63	was used; and
64	64	(3) was not otherwise engaged in criminal activity,
65	65	other than a Class C misdemeanor that is a violation of a law or
66	66	ordinance regulating traffic at the time the force was used.
67	67	SECTION 4. Subchapter C, Chapter 9, Penal Code, is amended
68	68	by adding Section 9.315 to read as follows:
69	69	Sec. 9.315. GENDER IDENTITY OR SEXUAL PREFERENCE OF VICTIM
70	70	NOT JUSTIFICATION. (a) In this section:
71	71	(1) "Gender identity" means having or being perceived
72	72	as having a gender-related identity, appearance, expression, or
73	73	behavior, regardless of whether that identity, appearance,
74	74	expression, or behavior is different from that commonly associated
75	75	with the person's actual or perceived sex.
76	76	(2) "Sexual preference" means a preference for
77	77	heterosexuality, homosexuality, or bisexuality.
78	78	(b) The use of force against another is not justified if the
79	79	conduct occurs solely in response to the actor's discovery or
80	80	knowledge of the gender identity or sexual preference of the person
81	81	against whom the force is used.
82	82	(c) This section applies regardless of whether the actor's
83	83	discovery or knowledge was accurate.
84	84	(d) If, in the trial of an offense arising from the actor's
85	85	use of force against another, evidence is introduced that the actor
86	86	used the force in response to the actor's discovery or knowledge of
87	87	the gender identity or sexual preference of the person against whom
88	88	the force was used, the court shall charge the jury in accordance
89	89	with the provisions of this section.
90	90	SECTION 5. The change in law made by this Act applies only
91	91	to an offense committed on or after the effective date of this Act.
92	92	An offense committed before the effective date of this Act is
93	93	governed by the law in effect on the date the offense was committed,
94	94	and the former law is continued in effect for that purpose. For
95	95	purposes of this section, an offense was committed before the
96	96	effective date of this Act if any element of the offense occurred
97	97	before that date.
98	98	SECTION 6. This Act takes effect September 1, 2019.