The provisions of the bill addressed by this analysis would amend the Penal Code as it relates 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.  Under the provisions of the bill, certain limitations would be placed on a defendant's use of a victim's sexual orientation, gender identity, or the fact that the victim made a nonviolent sexual or romantic advance toward the actor as the basis for a defense to prosecution of a criminal offense.

Reducing the number of circumstances, which provide for a defense to the prosecution of a criminal offense, is expected to result in additional demands upon the correctional resources of the counties or of the State due to an increase in the number of individuals placed under supervision in the community or sentenced to terms of confinement within state correctional institutions.  The bill may have a negative population impact by increasing the number of people placed under felony community supervision or incarcerated within state correctional institutions.  Whether the bill would have a significant impact on correctional populations is indeterminate due to a lack of statewide data which could be used to determine what role, if any, was played by an actor's perceptions of a victim's gender identity or sexual orientation, or by any nonviolent sexual or romantic advances made by the victim toward the actor.