Bill Text: TX HB4596 | 2023-2024 | 88th Legislature | Introduced
Bill Title: 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.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2023-04-26 - Left pending in committee [HB4596 Detail]
Download: Texas-2023-HB4596-Introduced.html
| 88R3140 MCF-F | ||
| By: Hinojosa | H.B. No. 4596 | |
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| 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. | ||
