Wisconsin 2023-2024 Regular Session

Wisconsin Senate Bill SB307 Compare Versions

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

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1	1	LRB-3112/1
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3	3	2023 - 2024 LEGISLATURE
4	4	2023 SENATE BILL 307
5	5	May 24, 2023 - Introduced by Senators CARPENTER, SPREITZER, AGARD, HESSELBEIN,
6	6	LARSON, ROYS and SMITH, cosponsored by Representatives NEUBAUER,
7	7	CABRERA, SNODGRASS, C. ANDERSON, J. ANDERSON, ANDRACA, BARE, BILLINGS,
8	8	CLANCY, CONLEY, CONSIDINE, EMERSON, JOERS, MADISON, OHNSTAD,
9	9	ORTIZ-VELEZ, PALMERI, RATCLIFF, SHANKLAND, SHELTON, SINICKI, STUBBS,
10	10	SUBECK and VINING. Referred to Committee on Judiciary and Public Safety.
11	11	AN ACT to renumber and amend 971.15 (2); and to create 939.44 (3), 939.48
12	12	(5m) and 971.15 (2) (b) of the statutes; relating to: eliminating criminal
13	13	defenses of adequate provocation, self-defense, or not guilty by reason of
14	14	mental disease or defect if the claim is based on the victim's gender identity or
15	15	sexual orientation.
16	16	Analysis by the Legislative Reference Bureau
17	17	Current law provides specific defenses to criminal liability. For instance, a
18	18	charge of first-degree intentional homicide may be mitigated to second-degree
19	19	intentional homicide if, at the time of committing the crime, the defendant
20	20	reasonably believes the victim has done something that adequately provokes the
21	21	defendant to lack self-control completely. Another defense is the privilege of
22	22	self-defense under which a person may threaten or intentionally use force against
23	23	another for the purpose of preventing or terminating what the person reasonably
24	24	believes to be an unlawful interference with his or her person by the other person.
25	25	Under this bill, a defendant may not assert adequate provocation or self-defense as
26	26	a defense if the criminal action in question resulted from the discovery of, knowledge
27	27	about, or potential disclosure of the victim's gender identity or expression or sexual
28	28	orientation, including under circumstances in which the victim made a romantic or
29	29	sexual advance without use or threat of force or violence toward the defendant or in
30	30	which the victim dated or had a romantic or sexual relationship with the defendant.
31	31	Under current law, a person is not responsible for criminal conduct if, when the
32	32	person committed the conduct, he or she was suffering from a mental disease or
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37	37	5 - 2 -2023 - 2024 Legislature LRB-3112/1
38	38	CMH:cjs
39	39	SENATE BILL 307
40	40	defect so that he or she lacked substantial capacity either to appreciate the
41	41	wrongfulness of the conduct or to conform his or her conduct to the requirements of
42	42	law. To raise this defense, a defendant must plead not guilty by reason of mental
43	43	disease or defect. Then, at the trial, if the defendant is found guilty of the crime, the
44	44	court must determine if the person is not responsible for the crime due to mental
45	45	disease or defect. If the person is found not responsible due to mental disease or
46	46	defect, the person is committed to the Department of Heath Services for treatment
47	47	for a period that varies depending on the severity of the crime. Under this bill,
48	48	mental disease or defect does not include a state that is brought on by or results from
49	49	the discovery of, knowledge about, or potential disclosure of another's gender
50	50	identity or expression or sexual orientation, including under circumstances in which
51	51	the other person made a romantic or sexual advance without use or threat of force
52	52	or violence toward the defendant or in which the other person dated or had a
53	53	romantic or sexual relationship with the defendant.
54	54	The people of the state of Wisconsin, represented in senate and assembly, do
55	55	enact as follows:
56	56	SECTION 1. 939.44 (3) of the statutes is created to read:
57	57	939.44 (3) Provocation is not adequate under this section if it resulted from the
58	58	discovery of, knowledge about, or potential disclosure of the victim's actual or
59	59	perceived gender, gender identity, gender expression, or sexual orientation,
60	60	including under circumstances in which the victim made a romantic or sexual
61	61	advance without use or threat of force or violence towards the defendant or in which
62	62	the defendant and victim dated or had a romantic or sexual relationship.
63	63	SECTION 2. 939.48 (5m) of the statutes is created to read:
64	64	939.48 (5m) A person is not entitled to claim the privilege of self-defense based
65	65	on the discovery of, knowledge about, or potential disclosure of the victim's actual or
66	66	perceived gender, gender identity, gender expression, or sexual orientation,
67	67	including under circumstances in which the victim made a romantic or sexual
68	68	advance without use or threat of force or violence towards the person or in which the
69	69	person and victim dated or had a romantic or sexual relationship.
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86	86	SECTION 3
87	87	SENATE BILL 307
88	88	SECTION 3. 971.15 (2) of the statutes is renumbered 971.15 (2) (intro.) and
89	89	amended to read:
90	90	971.15 (2) (intro.) As used in this chapter, the terms “mental disease or defect"
91	91	do not include an any of the following:
92	92	(a) An abnormality manifested only by repeated criminal or otherwise
93	93	antisocial conduct.
94	94	SECTION 4. 971.15 (2) (b) of the statutes is created to read:
95	95	971.15 (2) (b) A state brought on by or resulting from the discovery of,
96	96	knowledge about, or potential disclosure of an individual's actual or perceived
97	97	gender, gender identity, gender expression, or sexual orientation, including under
98	98	circumstances in which an individual made a romantic or sexual advance without
99	99	use or threat of force or violence towards the actor or in which the actor and the
100	100	individual dated or had a romantic or sexual relationship.
101	101	SECTION 5.0Initial applicability.
102	102	(1) This act first applies to offenses committed on the effective date of this
103	103	subsection.
104	104	(END)
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