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A BILL TO BE ENTITLED
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AN ACT
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relating to the consideration of the gender identity or sexual |
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preference of certain victims, witnesses, or defendants in criminal |
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proceedings. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 36, Code of Criminal Procedure, is |
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amended by adding Article 36.155 to read as follows: |
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Art. 36.155. REQUESTED SPECIAL CHARGE: GENDER IDENTITY OR |
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SEXUAL PREFERENCE OF VICTIM, WITNESS, OR DEFENDANT. (a) In this |
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article: |
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(1) "Gender identity" means having or being perceived |
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as having a gender-related identity, appearance, expression, or |
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behavior, regardless of whether that identity, appearance, |
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expression, or behavior is different from that commonly associated |
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with the person's actual or perceived sex. |
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(2) "Sexual preference" means a preference for |
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heterosexuality, homosexuality, or bisexuality. |
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(b) Counsel on both sides may request a special charge be |
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given instructing the jury not to let bias, sympathy, prejudice, or |
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public opinion toward persons having a particular gender identity |
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or sexual preference influence the jury's ability to impartially |
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evaluate the credibility of a victim, witness, or defendant. |
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(c) If a charge described by this article is requested by |
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counsel, the court must include the special charge in the final |
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charge given to the jury. |
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SECTION 2. Article 36.19, Code of Criminal Procedure, is |
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amended to read as follows: |
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Art. 36.19. REVIEW OF CHARGE ON APPEAL. Whenever it appears |
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by the record in any criminal action upon appeal that any |
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requirement of Articles 36.14, 36.15, 36.155, 36.16, 36.17, and |
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36.18 has been disregarded, the judgment shall not be reversed |
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unless the error appearing from the record was calculated to injure |
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the rights of defendant, or unless it appears from the record that |
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the defendant has not had a fair and impartial trial. All |
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objections to the charge and to the refusal of special charges shall |
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be made at the time of the trial. |
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SECTION 3. Section 9.31(a), Penal Code, is amended to read |
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as follows: |
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(a) Except as provided in Subsection (b) and Section 9.315, |
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a person is justified in using force against another when and to the |
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degree the actor reasonably believes the force is immediately |
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necessary to protect the actor against the other's use or attempted |
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use of unlawful force. The actor's belief that the force was |
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immediately necessary as described by this subsection is presumed |
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to be reasonable if the actor: |
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(1) knew or had reason to believe that the person |
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against whom the force was used: |
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(A) unlawfully and with force entered, or was |
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attempting to enter unlawfully and with force, the actor's occupied |
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habitation, vehicle, or place of business or employment; |
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(B) unlawfully and with force removed, or was |
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attempting to remove unlawfully and with force, the actor from the |
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actor's habitation, vehicle, or place of business or employment; or |
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(C) was committing or attempting to commit |
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aggravated kidnapping, murder, sexual assault, aggravated sexual |
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assault, robbery, or aggravated robbery; |
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(2) did not provoke the person against whom the force |
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was used; and |
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(3) was not otherwise engaged in criminal activity, |
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other than a Class C misdemeanor that is a violation of a law or |
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ordinance regulating traffic at the time the force was used. |
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SECTION 4. Subchapter C, Chapter 9, Penal Code, is amended |
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by adding Section 9.315 to read as follows: |
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Sec. 9.315. GENDER IDENTITY OR SEXUAL PREFERENCE OF VICTIM |
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NOT JUSTIFICATION. (a) In this section: |
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(1) "Gender identity" means having or being perceived |
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as having a gender-related identity, appearance, expression, or |
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behavior, regardless of whether that identity, appearance, |
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expression, or behavior is different from that commonly associated |
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with the person's actual or perceived sex. |
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(2) "Sexual preference" means a preference for |
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heterosexuality, homosexuality, or bisexuality. |
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(b) The use of force against another is not justified if the |
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conduct occurs solely in response to the actor's discovery or |
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knowledge of the gender identity or sexual preference of the person |
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against whom the force is used. |
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(c) This section applies regardless of whether the actor's |
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discovery or knowledge was accurate. |
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(d) If, in the trial of an offense arising from the actor's |
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use of force against another, evidence is introduced that the actor |
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used the force in response to the actor's discovery or knowledge of |
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the gender identity or sexual preference of the person against whom |
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the force was used, the court shall charge the jury in accordance |
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with the provisions of this section. |
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SECTION 5. The change in law made by this Act applies only |
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to an offense committed on or after the effective date of this Act. |
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An offense committed before the effective date of this Act is |
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governed by the law in effect on the date the offense was committed, |
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and the former law is continued in effect for that purpose. For |
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purposes of this section, an offense was committed before the |
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effective date of this Act if any element of the offense occurred |
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before that date. |
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SECTION 6. This Act takes effect September 1, 2019. |