Text of MA H 1470 (2022)

1 of 2 HOUSE DOCKET, NO. 2275 FILED ON: 2/17/2021 HOUSE . . . . . . . . . . . . . . . No. 1470 The Commonwealth of Massachusetts _________________ PRESENTED BY: Natalie M. Blais _________________ To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General Court assembled: The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill: An Act protecting LGBTQ victims. _______________ PETITION OF: NAME: DISTRICT/ADDRESS: DATE ADDED: Natalie M. Blais 1st Franklin 2/17/2021 Jack Patrick Lewis 7th Middlesex 2/17/2021 Mindy Domb 3rd Hampshire 2/17/2021 Patricia A. Duffy 5th Hampden 2/24/2021 Steven C. Owens 29th Middlesex 2/24/2021 Lindsay N. Sabadosa 1st Hampshire 2/25/2021 Paul F. Tucker 7th Essex 2/25/2021 Kate Lipper-Garabedian 32nd Middlesex 2/26/2021 Carlos González 10th Hampden 2/26/2021 Sarah K. Peake 4th Barnstable 2/26/2021 David M. Rogers 24th Middlesex 2/26/2021 Patrick Joseph Kearney 4th Plymouth 2/26/2021 Vanna Howard 17th Middlesex 2/26/2021 Danillo A. Sena 37th Middlesex 3/8/2021 Mike Connolly 26th Middlesex 3/16/2021 Walter F. Timilty Norfolk, Bristol and Plymouth 3/17/2021 Tommy Vitolo 15th Norfolk 3/23/2021 Jessica Ann Giannino 16th Suffolk 3/25/2021 2 of 2 1 of 2 HOUSE DOCKET, NO. 2275 FILED ON: 2/17/2021 HOUSE . . . . . . . . . . . . . . . No. 1470 By Ms. Blais of Sunderland, a petition (accompanied by bill, House, No. 1470) of Natalie M. Blais and others for legislation to protect persons victimized due to perceived sex, sexual orientation, gender, gender identity, gender expression, or sex assigned at birth. The Judiciary. The Commonwealth of Massachusetts _______________ In the One Hundred and Ninety-Second General Court (2021-2022) _______________ An Act protecting LGBTQ victims. Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows: 1 Chapter 265 of the General Laws is hereby amended by adding the following section:- 2 Section 60. (a) In any prosecution for an offense under this chapter, a defendant is not 3 justified in using force against another based on the discovery of, knowledge or belief about, or 4 the potential disclosure of the victim’s actual or perceived sex, sexual orientation, gender, gender 5 identity, gender expression, or sex assigned at birth, including, but not limited to, under 6 circumstances in which the victim made a nonviolent romantic or sexual advance toward the 7 defendant or in which the defendant and the victim dated or had a romantic or sexual 8 relationship. 9 (b) In any prosecution for an offense under this chapter, for the purposes of determining 10 sudden transport of passion, heat of blood, sudden combat or other similar, asserted mitigating 11 factor, any alleged provocation of the defendant by the victim is not objectively reasonable if it is 12 based on the discovery of, knowledge or belief about, or the potential disclosure of the victim’s 2 of 2 13 actual or perceived sex, sexual orientation, gender, gender identity, gender expression, or sex 14 assigned at birth, including, but not limited to, under circumstances in which the victim made a 15 nonviolent romantic or sexual advance toward the defendant or in which the defendant and the 16 victim dated or had a romantic or sexual relationship. 17 (c) In any prosecution for an offense under this chapter, a defendant does not suffer from 18 a mental impairment affecting or impacting the defendant’s mental state relating to any questions 19 of intent or knowledge based on the discovery of, knowledge or belief about, or the potential 20 disclosure of the victim’s actual or perceived sex, sexual orientation, gender, gender identity, 21 gender expression, or sex assigned at birth, including, but not limited to, under circumstances in 22 which the victim made a nonviolent romantic or sexual advance toward the defendant or in 23 which the defendant and the victim dated or had a romantic or sexual relationship. 24 (d) In any prosecution for an offense under this chapter, if the defendant offers evidence 25 of the defendant’s discovery of the victim’s actual or perceived sex, sexual orientation, gender, 26 gender identity, gender expression or sex assigned at birth, the court shall instruct the jury to 27 disregard biases or prejudices regarding a person’s actual or perceived sex, sexual orientation, 28 gender, gender identity, gender expression or sex assigned at birth in reaching a verdict. 29 (e) Notwithstanding the prohibitions in subsections (a) through (c), a court may admit 30 evidence, in accordance with Massachusetts law, of prior trauma to the defendant for the purpose 31 of excusing or justifying the conduct of the defendant or mitigating the severity of an offense.