88R3140 MCF-F
By: Hinojosa H.B. No. 4596
A BILL TO BE ENTITLED
AN ACT
relating to a limitation on the use of a victim's gender identity or
sexual orientation as the basis for a defense in the trial of a
criminal offense.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Title 2, Penal Code, is amended by adding Chapter
10 to read as follows:
CHAPTER 10. LIMITATION OF DEFENSE BASED ON VICTIM IDENTITY
Sec. 10.01. DEFINITIONS. In this chapter:
(1) "Gender identity" means the actual or perceived
gender-related identity, expression, appearance, mannerisms, or
other gender-related characteristics of an individual, regardless
of the individual's designated sex at birth.
(2) "Sexual orientation" means actual or perceived
heterosexuality, homosexuality, or bisexuality.
Sec. 10.02. LIMITATION OF DEFENSE BASED ON VICTIM IDENTITY.
(a) This section applies in the prosecution of any offense under
this code.
(b) The use of force against another is not justified and an
actor does not reasonably believe that the use of force is
immediately necessary if the use of force occurs in response to:
(1) the actor's discovery or knowledge of, or the
victim's disclosure or potential disclosure of, the gender identity
or sexual orientation of the victim; or
(2) a nonviolent romantic or sexual advance made by
the victim toward the actor.
(c) A defendant may not raise the issue that the defendant
demonstrated a lower degree of culpability than that charged if the
defendant's claim of a lower degree of culpability is based on:
(1) the defendant's discovery or knowledge of, or the
victim's disclosure or potential disclosure of, the gender identity
or sexual orientation of the victim; or
(2) a nonviolent romantic or sexual advance made by
the victim toward the defendant.
(d) When determining whether a defendant committed an
offense under the immediate influence of sudden passion arising
from an adequate cause, it is not an adequate cause that the offense
resulted from:
(1) the defendant's discovery or knowledge of, or the
victim's disclosure or potential disclosure of, the gender identity
or sexual orientation of the victim; or
(2) a nonviolent romantic or sexual advance made by
the victim toward the defendant.
(e) This section applies regardless of whether a
defendant's knowledge, discovery, or belief regarding the victim's
gender identity or sexual orientation was accurate.
SECTION 2. 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 3. This Act takes effect September 1, 2023.