S2609 —

S2609 1RSJU [FirstStatement Reprint]12/12/19 SENATE JUDICIARY COMMITTEE   STATEMENT TO   SENATE, No.

2609  STATEwith OFcommittee NEWamendments JERSEY 218th LEGISLATURE   INTRODUCEDSTATE MAYOF 31,NEW 2018JERSEY    DATED: Sponsored by:

Senator  DECEMBER JOSEPH12, A.2019        The Senate Judiciary Committee reports favorably and with committee amendments Senate Bill No.

LAGANA2609. District 38 (Bergen and Passaic) Senator  VIN GOPAL District 11 (Monmouth)   Co-Sponsored by:

Senators     Singleton,This Weinbergbill, andas Gillamended,  would  prevent  a  criminal SYNOPSISdefendant     from Preventsbeing criminalable defendantto fromassert assertinga so-called “gay and transgender panic” defense to a murder charge in order to reduce that charge to manslaughter committed in the heat of passion.

      CURRENTUnder VERSIONcurrent OFlaw, TEXTa homicide which would otherwise be murder is reduced to manslaughter if the jury finds that the homicide was committed “in the heat of passion resulting from a reasonable provocation.”  N.J.S.2C:11-4, subsection b., paragraph (2).  The bill is intended to prevent a defendant from seeking the reduction of a murder charge to a charge of manslaughter committed in the heat of passion when the act was allegedly provoked by the discovery of, knowledge about, or potential disclosure of the homicide victim’s actual or perceived gender identity or expression, or affectional or sexual orientation.       AsA reportedprovoked, heat-of-passion manslaughter is graded as a crime of the second degree, punishable by five to 10 years imprisonment, a fine of up to $150,000, or both, while murder is a crime of the Senatefirst Judiciarydegree, Committeepunishable onby Decembera 12,term 2019,of withimprisonment amendments.for a period ranging from 30 years to life, depending upon the circumstances of the act (see N.J.S.2C:11-3), a fine of up to $200,000, or both.

       AnThe Actbill’s concerningprovisions homicidewould committedprevent the use of the “gay and transgender panic” defense to seek a reduction to manslaughter under any circumstances, including but not limited to circumstances in which the heathomicide ofvictim passionmade an unwanted, non-forcible romantic or sexual advance toward the actor, or if the victim and amendingactor N.J.S.2C:11-4.dated or had a romantic or sexual relationship.

       BeThis Itbill, Enactedas byamended theand Senatereported andby Generalthe Assemblycommittee, ofis theidentical Stateto ofAssembly NewBill Jersey:No.

 1796,     also  1.  amended N.J.S.2C:11-4and isreported amendedtoday toby readthe ascommittee. follows:

        2C:11-4.   The Manslaughter.committee amendments to the bill:

a.     - clarify the bill’s scope to better ensure that the “gay and transgender panic” defense would not be available to reduce a murder charge under any circumstances occurring relative to the discovery of, knowledge about, or potential disclosure of the victim’s actual or perceived gender identity or expression, or affectional or sexual orientation;

Criminal     homicide- constitutesremove aggravatedcross-references manslaughterto when:the specific subsections that define “gender identity or expression” and “affectional or sexual orientation” within the definitions section of the “Law Against Discrimination,” section 5 of P.L.1945, c.169 (C.10:5-5), but retain the more general cross-reference to that section, resulting in the meaning of those terms, as originally presented in the bill, remaining the same;

and      (1)  - Therevise actorthe recklesslybill causessynopsis deathto undermore circumstancesaccurately manifestingreflect extremethe indifferencebill’s purpose, with respect to humanboth life;the amendments and provisions of the bill as originally introduced.

or      (2)   The actor causes the death of another person while fleeing or attempting to elude a law enforcement officer in violation of subsection b.

of N.J.S.2C:29-2.  Notwithstanding the provision of any other law to the contrary, the actor shall be strictly liable for a violation of this paragraph upon proof of a violation of subsection b.

of N.J.S.2C:29-2 which resulted in the death of another person.  As used in this paragraph, "actor" shall not include a passenger in a motor vehicle.

      b.   Criminal homicide constitutes manslaughter when:

     (1)   It is committed recklessly;

or      (2)   A homicide which would otherwise be murder under [section] N.J.S.2C:11-3 is committed in the heat of passion resulting from a reasonable provocation.

     1[For purposes of determining the heat of passion under this paragraph, a provocation is not objectively reasonable if it is based on the] The1 discovery of, knowledge about, or potential disclosure of the homicide victim’s actual or perceived gender identity or expression, or affectional or sexual orientation, 1[including] which occurred1 under 1any1 circumstances 1, including but not limited to circumstances1 in which the victim made an unwanted, non-forcible romantic or sexual advance toward the actor, or if the victim and actor dated or had a romantic or sexual relationship 1, shall not be reasonable provocation pursuant to this paragraph1 .  As used herein, the 1[term] terms1 “gender identity or expression” 1and “affectional or sexual orientation”1 shall have the same meaning as in 1[subsection rr.

of]1 section 5 of P.L.1945, c.169 (C.10:5-5) 1[, and “affectional or sexual orientation” shall have the same meaning as in subsection hh.

of that section]1.

      c.    Aggravated manslaughter under paragraph (1) of subsection a.

of this section is a crime of the first degree and upon conviction thereof a person may, notwithstanding the provisions of paragraph (1) of subsection a.

of N.J.S.2C:43-6, be sentenced to an ordinary term of imprisonment between 10 and 30 years.

Aggravated manslaughter under paragraph (2) of subsection a.

of this section is a crime of the first degree.  Manslaughter is a crime of the second degree.

(cf:

P.L.2001, c.412, s.1)        2.    This act shall take effect immediately.