Text of FL H 393 (2023)
Gay and Transgender Panic Legal Defenses
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As introduced
3,234 characters
HB 393
2023
CODING: Words stricken are deletions; words underlined are additions.
hb0393-00
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A bill to be entitled
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An act relating to gay and transgender panic legal
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defenses; creating s. 900.06, F.S.; providing a short
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title; providing legislative findings; defining terms;
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prohibiting individuals from using a nonviolent sexual
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advance or specified perceptions or beliefs about
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another individual as a defense to a criminal offense,
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to excuse or justify the conduct of an individual who
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commits a criminal offense, or to mitigate the
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severity of a criminal offense; providing an effective
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date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. Section 900.06, Florida Statutes, is created to
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read:
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900.06 Use of gay and transgender panic legal defenses
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prohibited.—
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(1) SHORT TITLE.—This act may be cited as the "Gay and
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Transgender Panic Legal Defenses Prohibition Act."
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(2) LEGISLATIVE FINDINGS.—The Legislature finds that gay
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and transgender panic legal defenses raised in criminal
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proceedings characterize sexual orientation and gender
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expression or gender identity as objectively reasonable excuses
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for a perpetrator's loss of self-control, and that these
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HB 393
2023
CODING: Words stricken are deletions; words underlined are additions.
hb0393-00
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defenses thereby illegitimately attempt to mitigate the
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responsibility of the perpetrator for harm done to lesbian, gay,
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bisexual, or transgender individuals.
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(3) DEFINITIONS.—As used in this section, the term:
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(a) "Gay and transgender panic legal defense" means a
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legal strategy that asks a judge or a jury to find that a
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victim's sexual orientation or gender identity is the cause of
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the defendant's reaction and commission of a criminal offense.
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(b) "Gender expression" or "gender identity" means gender-
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related identity, appearance, or behavior, regardless of whether
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such gender-related identity, appearance, or behavior is
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different from that traditionally associated with a person's
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physiology or assigned sex at birth.
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(c) "Sexual orientation" means an individual's actual or
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perceived heterosexuality, homosexuality, or bisexuality.
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(4) PROHIBITION ON GAY AND TRANSGENDER PANIC LEGAL
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DEFENSES.—A nonviolent sexual advance or the perception or
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belief, even if inaccurate, of the sex, sexual orientation,
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gender expression, or gender identity of an individual may not
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be used as a defense to a criminal offense, to excuse or to
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justify the conduct of an individual who commits a criminal
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offense, or to mitigate the severity of a criminal offense
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during sentencing.
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Section 2. This act shall take effect July 1, 2023.
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