Bill Also Bars The ‘Nonviolent Romantic Or Sexual Advance’ Defense

The text as introduced · 479 words

89R5894 MCF-F

By: Moody
H.B. No. 4624

A BILL TO BE ENTITLED

AN ACT

relating 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.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Title 2, Penal Code, is amended by adding Chapter

10 to read as follows:

CHAPTER 10. LIMITATION OF DEFENSE BASED ON VICTIM IDENTITY

Sec. 10.01. DEFINITIONS. In this chapter:

(1) "Gender identity" means the actual or perceived

gender-related identity, expression, appearance, mannerisms, or

other gender-related characteristics of an individual, regardless

of the individual's designated sex at birth.

(2) "Sexual orientation" means actual or perceived

heterosexuality, homosexuality, or bisexuality.

Sec. 10.02. LIMITATION OF DEFENSE BASED ON VICTIM IDENTITY.

(a) This section applies in the prosecution of any offense under

this code.

(b) The use of force against another is not justified and an

actor does not reasonably believe that the use of force is

immediately necessary if the use of force occurs in response to:

(1) the actor's discovery or knowledge of, or the

victim's disclosure or potential disclosure of, the gender identity

or sexual orientation of the victim; or

(2) a nonviolent romantic or sexual advance made by

the victim toward the actor.

(c) A defendant may not raise the issue that the defendant

demonstrated a lower degree of culpability than that charged if the

defendant's claim of a lower degree of culpability is based on:

(1) the defendant's discovery or knowledge of, or the

victim's disclosure or potential disclosure of, the gender identity

or sexual orientation of the victim; or

(2) a nonviolent romantic or sexual advance made by

the victim toward the defendant.

(d) When determining whether a defendant committed an

offense under the immediate influence of sudden passion arising

from an adequate cause, it is not an adequate cause that the offense

resulted from:

(1) the defendant's discovery or knowledge of, or the

victim's disclosure or potential disclosure of, the gender identity

or sexual orientation of the victim; or

(2) a nonviolent romantic or sexual advance made by

the victim toward the defendant.

(e) This section applies regardless of whether a

defendant's knowledge, discovery, or belief regarding the victim's

gender identity or sexual orientation was accurate.

SECTION 2. The change in law made by this Act applies only

to an offense committed on or after the effective date of this Act.

An offense committed before the effective date of this Act is

governed by the law in effect on the date the offense was committed,

and the former law is continued in effect for that purpose. For

purposes of this section, an offense was committed before the

effective date of this Act if any element of the offense occurred

before that date.

SECTION 3. This Act takes effect September 1, 2025.