Text of FL H 205 (2022)

HB 205 2022 CODING: Words stricken are deletions; words underlined are additions. hb0205-00 Page 1 of 2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S A bill to be entitled 1 An act relating to gay and transgender panic legal 2 defenses; providing a short title; creating s. 900.06, 3 F.S.; providing legislative findings; providing 4 definitions; prohibiting individuals from using a 5 nonviolent sexual advance or specified perceptions or 6 beliefs about another individual as a defense to a 7 criminal offense, to excuse or justify the conduct of 8 the individual who commits a criminal offense, or to 9 mitigate the severity of a criminal offense; providing 10 an effective date. 11 12 Be It Enacted by the Legislature of the State of Florida: 13 14 Section 1. This act may be cited as the "Gay and 15 Transgender Panic Legal Defense Prohibition Act." 16 Section 2. Section 900.06, Florida Statutes, is created to 17 read: 18 900.06 Use of gay and transgender panic legal defense 19 prohibited.— 20 (1) LEGISLATIVE FINDINGS.—The Legislature finds that gay 21 and transgender panic legal defenses, which continue to be 22 raised in criminal proceedings, characterize sexual orientation 23 and gender expression or gender identity as objectively 24 reasonable excuses for the loss of self-control, and thereby 25 HB 205 2022 CODING: Words stricken are deletions; words underlined are additions. hb0205-00 Page 2 of 2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S illegitimately attempt to mitigate the responsibility of a 26 perpetrator for harm done to a lesbian, gay, bisexual, or 27 transgender individual. 28 (2) DEFINITIONS.—As used in this section, the term: 29 (a) "Gay and transgender panic legal defense" means a 30 legal strategy that asks a judge or a jury to find that a 31 victim's sexual orientation or gender identity is the cause of 32 the defendant's reaction and commission of a criminal offense. 33 (b) "Gender expression" or "gender identity" means gender- 34 related identity, appearance, or behavior, regardless of whether 35 such gender-related identity, appearance, or behavior is 36 different from that traditionally associated with a person's 37 physiology or assigned sex at birth. 38 (c) "Sexual orientation" means an individual's actual or 39 perceived heterosexuality, homosexuality, or bisexuality. 40 (3) PROHIBITION ON GAY AND TRANSGENDER PANIC LEGAL 41 DEFENSE.—A nonviolent sexual advance or the perception or 42 belief, even if inaccurate, of the sex, sexual orientation, 43 gender identity, or gender expression of an individual may not 44 be used as a defense to a criminal offense, to excuse or to 45 justify the conduct of an individual who commits a criminal 46 offense, or to mitigate the severity of a criminal offense 47 during sentencing. 48 Section 3. This act shall take effect July 1, 2022. 49