Wisconsin Senate Bill SB307

Wisconsin 2023-2024 Regular Session

• Introduced: 5/24/23
• Refer: 5/24/23
• Failed: 4/15/24

Caption

Eliminating criminal defenses of adequate provocation, self-defense, or not guilty by reason of mental disease or defect if the claim is based on the victim's gender identity or sexual orientation.

Impact

If enacted, SB307 would significantly impact the statutes governing criminal liability in Wisconsin by eliminating certain justifications for violent acts that arise from gender-related contexts. The bill is presented as a measure to protect individuals from violence related to biases against their gender identity or sexual orientation, thereby reinforcing social equity and legal accountability. Notably, the adjustments aim to ensure that biases do not provide an escape route for violent perpetrators, which can foster a safer environment for marginalized groups.

Summary

Senate Bill 307 aims to amend existing laws related to criminal defenses, specifically targeting claims of adequate provocation and self-defense that are based on the victim's gender identity or sexual orientation. Under current law, defendants can assert these defenses when charged with crimes such as homicide; however, this bill would prohibit such defenses if they relate to the discovery or knowledge of the victim's gender identity or expression. This includes scenarios where the victim made advances towards the defendant without any force or violence, or in cases where there was a prior romantic relationship between the defendant and the victim.

Contention

The topic surrounding SB307 has sparked considerable debate within the legislature. Proponents of the bill argue that it is essential for protecting the rights and lives of LGBTQ+ individuals, who may be particularly vulnerable to violence. They believe that allowing defenses based on gender identity or sexual orientation could perpetuate discrimination and violence. Conversely, opponents raise concerns about the implications for self-defense rights, emphasizing that individuals should have the opportunity to defend themselves, regardless of the context involving gender identity. This contention highlights the tension between protecting marginalized communities and ensuring comprehensive self-defense rights.

Summary_stmt

Ultimately, SB307 seeks to redefine the parameters of criminal defense in relation to gender identity and sexual orientation in Wisconsin, with implications for both legal precedents and societal norms.