Texas 2025 - 89th Regular

Texas House Bill HB4624 Compare Versions

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

Old	New	Differences
1	1	89R5894 MCF-F
2	2	By: Moody H.B. No. 4624
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to a limitation on the use of a victim's gender identity or
10	10	sexual orientation as the basis for a defense in the trial of a
11	11	criminal offense.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Title 2, Penal Code, is amended by adding Chapter
14	14	10 to read as follows:
15	15	CHAPTER 10. LIMITATION OF DEFENSE BASED ON VICTIM IDENTITY
16	16	Sec. 10.01. DEFINITIONS. In this chapter:
17	17	(1) "Gender identity" means the actual or perceived
18	18	gender-related identity, expression, appearance, mannerisms, or
19	19	other gender-related characteristics of an individual, regardless
20	20	of the individual's designated sex at birth.
21	21	(2) "Sexual orientation" means actual or perceived
22	22	heterosexuality, homosexuality, or bisexuality.
23	23	Sec. 10.02. LIMITATION OF DEFENSE BASED ON VICTIM IDENTITY.
24	24	(a) This section applies in the prosecution of any offense under
25	25	this code.
26	26	(b) The use of force against another is not justified and an
27	27	actor does not reasonably believe that the use of force is
28	28	immediately necessary if the use of force occurs in response to:
29	29	(1) the actor's discovery or knowledge of, or the
30	30	victim's disclosure or potential disclosure of, the gender identity
31	31	or sexual orientation of the victim; or
32	32	(2) a nonviolent romantic or sexual advance made by
33	33	the victim toward the actor.
34	34	(c) A defendant may not raise the issue that the defendant
35	35	demonstrated a lower degree of culpability than that charged if the
36	36	defendant's claim of a lower degree of culpability is based on:
37	37	(1) the defendant's discovery or knowledge of, or the
38	38	victim's disclosure or potential disclosure of, the gender identity
39	39	or sexual orientation of the victim; or
40	40	(2) a nonviolent romantic or sexual advance made by
41	41	the victim toward the defendant.
42	42	(d) When determining whether a defendant committed an
43	43	offense under the immediate influence of sudden passion arising
44	44	from an adequate cause, it is not an adequate cause that the offense
45	45	resulted from:
46	46	(1) the defendant's discovery or knowledge of, or the
47	47	victim's disclosure or potential disclosure of, the gender identity
48	48	or sexual orientation of the victim; or
49	49	(2) a nonviolent romantic or sexual advance made by
50	50	the victim toward the defendant.
51	51	(e) This section applies regardless of whether a
52	52	defendant's knowledge, discovery, or belief regarding the victim's
53	53	gender identity or sexual orientation was accurate.
54	54	SECTION 2. The change in law made by this Act applies only
55	55	to an offense committed on or after the effective date of this Act.
56	56	An offense committed before the effective date of this Act is
57	57	governed by the law in effect on the date the offense was committed,
58	58	and the former law is continued in effect for that purpose. For
59	59	purposes of this section, an offense was committed before the
60	60	effective date of this Act if any element of the offense occurred
61	61	before that date.
62	62	SECTION 3. This Act takes effect September 1, 2025.