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HB 20-1307 - Prohibits the "Gay Panic" Murder Defense - Colorado Key Vote

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Title: Prohibits the "Gay Panic" Murder Defense

Vote Smart's Synopsis:

Vote to pass a bill that prohibits the use of the "gay panic defense" in criminal proceedings.

Highlights:

 

  • Prohibits people from justifying their use of physical force in an encounter if (Sec 3):

    • He or she is the initial aggressor, except if his or her use of physical force is justifiable or if he or she withdraws from the encounter and effectively communicates to the other person their intent to do so but nevertheless continues or threatens the use of unlawful physical force; 

    • The physical force involved is the product of a combat by agreement not specifically authorized by law; or

    • The use of physical force against the other person is based on the knowledge about or potential disclosure of the victim’s actual or perceived gender, gender identity, gender expression, or sexual orientation, including but not limited to under circumstances in which the victim made an unwanted non-forcible romantic or sexual advance toward the defendant.

  • Authorizes evidence of a victim, defendant, or witness’s actual or perceived gender identity, expression, or sexual orientation only to be admissible at trial and should not be admitted at any other preceding (Sec 4).

  • Prohibits defendants from constituting second-degree murder, first-degree assault, or second-degree assault as an act of a sudden heat of the moment passion if the act results solely from the discovery of, knowledge about, or potential disclosure of the victim’s actual or perceived gender, gender identity, gender expression, or sexual orientation, including but not limited to under circumstances in which the victim made an unwanted nonforcible romantic or sexual advance toward the defendant (Sec 6).

Title: Prohibits the "Gay Panic" Murder Defense

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