SB 97 — Prohibits use in a criminal case of certain defenses based on the sexual orientation or gender identity or expression of the victim. (BDR 15-559)

(ReprintedSenate withBill amendmentsNo. adopted on April 15, 2019) FIRST REPRINT S.B.

9797–Committee Son ENATEJudiciary BCHAPTER.......... ILLN O.

97–COMMITTEE ON JUDICIARY (ON BEHALF OF THE N EVADA YOUTH L EGISLATURE ) PREFILED JANUARY 24, 2019 ____________ Referred to Committee on Judiciary SUMMARY—Prohibits use in a criminal case of certain defenses based on the sexual orientation or gender identity or expression of the victim.

(BDR 15-559) FISCAL NOTE:

Effect on Local Government:

No.

Effect on the State:

No.

~ EXPLANATION – Matter in bolded italics is new;

matter between brackets [omitted material] is material to be omitted.

LegExistingLegislative lawCounsel’s providesDigest: that if a person commits certain crimes because of the actual or perceived sexual orientation or gender identity or expression of a victim:

(1)Existing thelaw provides that if a person whocommits committedcertain crimes because of the crimeactual isor subjectperceived tosexual anorientation additionalor penalty;gender identity or expression of a victim:

(2) unless a greater penalty is provided by law, the person who committed the crime is guilty of a gross misdemeanor;

(NRS 41.690, 193.1675, 207.185) Existing law also requires the Director of the Department of Public Safety to establish a program for reporting crimes that is designed to collect, compile and analyze statistical data about crimes that manifest evidence of prejudice based on sexualsexuThis orientationbill orprovides genderthat: identity or expression.

(NRS(1) 179A.175)for Thisthe billpurpose providesof that:determining the existence of an alleged state of passion in a defendant or the alleged provocation of a defendant by a victim, the alleged state of passion or provocation shall be deemed not to be objectively reasonable if it resulted from the discovery of, knowledge about or potential disclosure of the actual or perceived sexual orientation or gender identity another person based on the discovery of, knowledge about or potential disclosureinst of the actual or perceived sexual orientation or gender identity or expression of the victim.

(1)EXPLANATION for– theMatter purpose of determining the existence of an alleged state of passion in abolded defendantitalics oris thenew; alleged provocation of a defendant by a victim, the alleged state of passion or provocation shall be deemed not to be objectively reasonable if it resulted from the discovery of, knowledge about or or expression of the victim;

andmatter (2)between abrackets person[omitted material] is notmaterial justifiedto inbe usingomitted. force against another person based on the discovery of, knowledge about or potential disclosure of the actual or perceived sexual orientation or gender identity or expression of the victim.

- *SB97_R1* – 2 – W HEREAS , The American Bar Association has urged legislative action to curtail the availability and effectiveness of the “gay panic” and “trans panic” defenses, which seek to partially or completely excuse a defendant from full accountability for the commission of a violent crime on the grounds that the sexual orientation or gender identity or expression of the victim is sufficient to arouse a state of passion in the defendant or serve as valid provocation or justification for the violent reaction of the defendant;

and W HEREAS , “Gay panic” and “trans panic” defenses characterize sexual orientation or gender identity or expression as objectively reasonable excuses for loss of self-control and thereby illegitimately - 80th Session (2019) – 2 – mitigate the responsibility of a defendant for harm done to lesbian, gay, bisexual and transgender persons;

and W HEREAS , The use of “gay panic” and “trans panic” defenses is entirely incompatible with the express intent of Nevada law toesto is provide increased protection to victims of bias-motivated crimes, including crimes committed against lesbian, gay, bisexual and transgender persons;

anded against lesbian, gay, bisexual and W HEREAS , Continued use of these anachronistic defenses reinforces and institutionalizes prejudice at the expense of norms of self-control, tolerance and compassion, which the law should encourage, and marks an egregious lapse in the march toward a more just criminal justice system;

and W HEREAS , To end the antiquated notion that the lives of lesbian, gay, bisexual and transgender persons are worth less than the lives of other persons and to reflect a modern understanding of lesbian, gay, bisexual and transgender persons as equal to other personspersonsan, under the law, the use of “gay panic” and “trans panic” defenses must end;

now, therefore, - *SB97_R1* – 3 – THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

4 Section 1.

For the purpose of determining the existence of an alleged state of passion in a defendant or the alleged provocation of a defendant by a victim, the alleged state of passion or provocation shall be deemed not to be objectively reasonable if it resulted from the discovery of, knowledge about or potential disclosure of the actual or perceived sexual orientation or gender identity or expression of the victim, including, without limitation, under circumstances in which the victim made an unwanted nonforcible romantic or sexual advance towards the defendant, or if the defendant and victim dated or had a romantic or sexual relationship.

victim dated or had a romantic or sexual 2.

A person is not justified in using force against another person based on the discovery of, knowledge about or potential disclosure of the actual or perceived sexual orientation or gender identity or expression of the victim, including, without limitation, - 80th Session (2019) – 3 – under circumstances in which the victim made an unwanted nonforcible romantic or sexual advance towards the defendant, or if the defendant and victim dated or had a romantic or sexual relationship.

H~~~~~ 19 - *SB97_R1*80th Session (2019)