Text of MA S 956 (2022)

1 of 1 SENATE DOCKET, NO. 1183 FILED ON: 2/12/2021 SENATE . . . . . . . . . . . . . . No. 956 The Commonwealth of Massachusetts _________________ PRESENTED BY: Joanne M. Comerford _________________ 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: Joanne M. Comerford Hampshire, Franklin and Worcester Adam Gomez Hampden 2/12/2021 Brendan P. Crighton Third Essex 3/1/2021 Julian Cyr Cape and Islands 3/3/2021 Mark C. Montigny Second Bristol and Plymouth 3/5/2021 Jason M. Lewis Fifth Middlesex 3/5/2021 Michael O. Moore Second Worcester 3/9/2021 Elizabeth A. Malia 11th Suffolk 3/16/2021 Walter F. Timilty Norfolk, Bristol and Plymouth 3/19/2021 1 of 3 SENATE DOCKET, NO. 1183 FILED ON: 2/12/2021 SENATE . . . . . . . . . . . . . . No. 956 By Ms. Comerford, a petition (accompanied by bill, Senate, No. 956) of Joanne M. Comerford, Adam Gomez, Brendan P. Crighton, Julian Cyr and other members of the Senate for legislation to protect LGBTQ victims. The Judiciary. [SIMILAR MATTER FILED IN PREVIOUS SESSION SEE SENATE, NO. 870 OF 2019-2020.] 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. 2 of 3 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 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. 3 of 3 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.