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A BILL TO BE ENTITLED
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AN ACT
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relating to a limitation on the use of a victim's gender identity or |
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sexual orientation as the basis for a defense in the trial of a |
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criminal offense. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Title 2, Penal Code, is amended by adding Chapter |
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10 to read as follows: |
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CHAPTER 10. LIMITATION OF DEFENSE BASED ON VICTIM IDENTITY |
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Sec. 10.01. DEFINITIONS. In this chapter: |
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(1) "Gender identity" means the actual or perceived |
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gender-related identity, expression, appearance, mannerisms, or |
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other gender-related characteristics of an individual, regardless |
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of the individual's designated sex at birth. |
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(2) "Sexual orientation" means actual or perceived |
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heterosexuality, homosexuality, or bisexuality. |
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Sec. 10.02. LIMITATION OF DEFENSE BASED ON VICTIM IDENTITY. |
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(a) This section applies in the prosecution of any offense under |
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this code. |
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(b) The use of force against another is not justified and an |
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actor does not reasonably believe that the use of force is |
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immediately necessary if the use of force occurs in response to: |
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(1) the actor's discovery or knowledge of, or the |
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victim's disclosure or potential disclosure of, the gender identity |
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or sexual orientation of the victim; or |
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(2) a nonviolent romantic or sexual advance made by |
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the victim toward the actor. |
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(c) A defendant may not raise the issue that the defendant |
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demonstrated a lower degree of culpability than that charged if the |
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defendant's claim of a lower degree of culpability is based on: |
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(1) the defendant's discovery or knowledge of, or the |
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victim's disclosure or potential disclosure of, the gender identity |
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or sexual orientation of the victim; or |
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(2) a nonviolent romantic or sexual advance made by |
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the victim toward the defendant. |
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(d) When determining whether a defendant committed an |
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offense under the immediate influence of sudden passion arising |
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from an adequate cause, it is not an adequate cause that the offense |
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resulted from: |
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(1) the defendant's discovery or knowledge of, or the |
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victim's disclosure or potential disclosure of, the gender identity |
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or sexual orientation of the victim; or |
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(2) a nonviolent romantic or sexual advance made by |
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the victim toward the defendant. |
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(e) This section applies regardless of whether a |
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defendant's knowledge, discovery, or belief regarding the victim's |
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gender identity or sexual orientation was accurate. |
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SECTION 2. 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 3. This Act takes effect September 1, 2023. |