Text of MD HB 488 (2020)
Crimes – Mitigation – Race, Color, National Origin, Sex, Gender Identity, or Sexual Orientation
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As introduced
3,364 characters
EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
*hb0488*
HOUSE BILL 488
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By: Delegates Palakovich Carr, Moon, Acevero, Attar, Bartlett, Barve, Bridges,
Cardin,
Carr,
Charkoudian,
Cullison,
D.M. Davis,
Feldmark,
Fraser–Hidalgo, Guyton, Kerr, R. Lewis, Lopez, Love, Mosby, Pena–Melnyk,
Qi, Queen, Reznik, Shetty, Smith, Stewart, Terrasa, C. Watson, and Wilkins
Introduced and read first time: January 24, 2020
Assigned to: Judiciary
A BILL ENTITLED
AN ACT concerning
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Crimes – Mitigation – Sex, Gender Identity, or Sexual Orientation
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FOR the purpose of establishing that a certain discovery or perception of, or belief about,
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another person’s sex, gender identity, or sexual orientation does not constitute
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certain provocation to mitigate a killing from the crime of murder to manslaughter;
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establishing that a certain discovery or perception of, or belief about, another
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person’s sex, gender identity, or sexual orientation does not constitute certain
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provocation to mitigate an assault from the crime of assault in the first degree to
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assault in the second degree or another lesser crime; and generally relating to
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homicide and assault.
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BY repealing and reenacting, with amendments,
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Article – Criminal Law
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Section 2–207 and 3–209
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Annotated Code of Maryland
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(2012 Replacement Volume and 2019 Supplement)
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SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
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That the Laws of Maryland read as follows:
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Article – Criminal Law
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2–207.
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(a)
A person who commits manslaughter is guilty of a felony and on conviction is
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subject to:
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(1)
imprisonment not exceeding 10 years; or
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HOUSE BILL 488
(2)
imprisonment in a local correctional facility not exceeding 2 years or a
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fine not exceeding $500 or both.
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(b)
The discovery of one’s spouse engaged in sexual intercourse with another does
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not constitute legally adequate provocation for the purpose of mitigating a killing from the
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crime of murder to voluntary manslaughter even though the killing was provoked by that
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discovery.
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(C)
THE DISCOVERY OR PERCEPTION OF, OR BELIEF ABOUT, ANOTHER
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PERSON’S SEX, GENDER IDENTITY, OR SEXUAL ORIENTATION, WHETHER OR NOT
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ACCURATE, DOES NOT CONSTITUTE LEGALLY ADEQUATE PROVOCATION TO
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MITIGATE A KILLING FROM THE CRIME OF MURDER TO MANSLAUGHTER.
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3–209.
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(A)
[A] SUBJECT TO SUBSECTION (B) OF THIS SECTION, A person charged with
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a crime under § 3–202, § 3–203, § 3–204, or § 3–205 of this subtitle may assert any judicially
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recognized defense.
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(B)
THE DISCOVERY OR PERCEPTION OF, OR BELIEF ABOUT, ANOTHER
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PERSON’S SEX, GENDER IDENTITY, OR SEXUAL ORIENTATION, WHETHER OR NOT
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ACCURATE, DOES NOT CONSTITUTE LEGALLY ADEQUATE PROVOCATION TO
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MITIGATE AN ASSAULT FROM THE CRIME OF ASSAULT IN THE FIRST DEGREE TO
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ASSAULT IN THE SECOND DEGREE OR ANOTHER LESSER CRIME.
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SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
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October 1, 2020.
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