Text of ME LD 1632 (2019)

Printed on recycled paper 129th MAINE LEGISLATURE FIRST REGULAR SESSION-2019 Legislative Document No. 1632 H.P. 1175 House of Representatives, April 25, 2019 An Act Regarding Criminal Procedure with Respect to Allowable Defenses Reference to the Committee on Criminal Justice and Public Safety suggested and ordered printed. ROBERT B. HUNT Clerk Presented by Representative WARREN of Hallowell. Cosponsored by Senator CHENETTE of York and Representatives: FECTEAU of Biddeford, HICKMAN of Winthrop, HOBBS of Wells, McLEAN of Gorham, MOONEN of Portland, PEBWORTH of Blue Hill, RECKITT of South Portland. Page 1 - 129LR2136(01)-1 1 Be it enacted by the People of the State of Maine as follows: 2 Sec. 1. 17-A MRSA §38, as enacted by PL 1981, c. 324, §14, is amended by 3 adding at the end a new paragraph to read: 4 An actor does not suffer from an abnormal condition of the mind based solely on the 5 discovery of, knowledge about or potential disclosure of the victim's actual or perceived 6 gender, gender identity, gender expression or sexual orientation, including under 7 circumstances in which the victim made an unwanted nonforcible romantic or sexual 8 advance toward the actor or in which the actor and victim dated or had a romantic or 9 sexual relationship. 10 Sec. 2. 17-A MRSA §108, sub-§3 is enacted to read: 11 3. A person is not justified in using force against another based solely on the 12 discovery of, knowledge about or potential disclosure of the victim's actual or perceived 13 gender, gender identity, gender expression or sexual orientation, including under 14 circumstances in which the victim made an unwanted nonforcible romantic or sexual 15 advance toward the person or in which the person and victim dated or had a romantic or 16 sexual relationship. 17 Sec. 3. 17-A MRSA §201, sub-§4, as amended by PL 2001, c. 383, §8 and 18 affected by §156, is further amended to read: 19 4. For purposes of subsection 3, provocation is adequate if: 20 A. It is not induced by the person; and 21 B. It is reasonable for the person to react to the provocation with extreme anger or 22 extreme fear, provided that evidence demonstrating only that the person has a 23 tendency towards extreme anger or extreme fear is not sufficient, in and of itself, to 24 establish the reasonableness of the person's reaction. 25 For purposes of determining whether extreme anger or extreme fear was brought about by 26 adequate provocation, the provocation was not adequate if it resulted solely from the 27 discovery of, knowledge about or potential disclosure of the victim's actual or perceived 28 gender, gender identity, gender expression or sexual orientation, including under 29 circumstances in which the victim made an unwanted nonforcible romantic or sexual 30 advance toward the person or in which the person and victim dated or had a romantic or 31 sexual relationship. 32 SUMMARY 33 This bill prohibits the use of what is referred to as the "gay and trans panic defense." 34 The bill provides that when considering whether a defendant has an abnormal 35 condition of the mind in determining whether a requisite culpable mental state exists in 36 the defendant, a determination of abnormal condition of the mind may not be based on 37 the defendant's discovery of, knowledge about or potential disclosure of the victim's 38 actual or perceived gender, gender identity, gender expression or sexual orientation, Page 2 - 129LR2136(01)-1 1 including under circumstances in which the victim made an unwanted nonforcible 2 romantic or sexual advance toward the defendant or under circumstances in which the 3 defendant and victim dated or had a romantic or sexual relationship. 4 The bill excludes from the affirmative defense for murder that the defendant acted on 5 the basis of extreme anger or extreme fear based on provocation by prohibiting the 6 alleged cause of provocation from being solely from the discovery of, knowledge about 7 or potential disclosure of the victim's actual or perceived gender, gender identity, gender 8 expression or sexual orientation, including under circumstances in which the victim made 9 an unwanted nonforcible romantic or sexual advance toward the defendant or under 10 circumstances in which the defendant and victim dated or had a romantic or sexual 11 relationship. 12 The bill provides that a person's discovery of, knowledge about or potential 13 disclosure of the victim's actual or perceived gender, gender identity, gender expression 14 or sexual orientation, including under circumstances in which the victim made an 15 unwanted nonforcible romantic or sexual advance toward the defendant or under 16 circumstances in which the defendant and victim dated or had a romantic or sexual 17 relationship, may not be used as the sole justification for the use of force against the 18 victim.

Page 1 - 129LR2136(03)-1 STATE OF MAINE _____ IN THE YEAR OF OUR LORD TWO THOUSAND NINETEEN _____ H.P. 1175 - L.D. 1632 An Act Regarding Criminal Procedure with Respect to Allowable Defenses Be it enacted by the People of the State of Maine as follows: Sec. 1. 17-A MRSA §38, as enacted by PL 1981, c. 324, §14, is amended by adding at the end a new paragraph to read: An actor does not suffer from an abnormal condition of the mind based solely on the discovery of, knowledge about or potential disclosure of the victim's actual or perceived gender, gender identity, gender expression or sexual orientation, including under circumstances in which the victim made an unwanted nonforcible romantic or sexual advance toward the actor or in which the actor and victim dated or had a romantic or sexual relationship. Sec. 2. 17-A MRSA §108, sub-§3 is enacted to read: 3. A person is not justified in using force against another based solely on the discovery of, knowledge about or potential disclosure of the victim's actual or perceived gender, gender identity, gender expression or sexual orientation, including under circumstances in which the victim made an unwanted nonforcible romantic or sexual advance toward the person or in which the person and victim dated or had a romantic or sexual relationship. Sec. 3. 17-A MRSA §201, sub-§4, as amended by PL 2001, c. 383, §8 and affected by §156, is further amended to read: 4. For purposes of subsection 3, provocation is adequate if: A. It is not induced by the person; and B. It is reasonable for the person to react to the provocation with extreme anger or extreme fear, provided that evidence demonstrating only that the person has a tendency towards extreme anger or extreme fear is not sufficient, in and of itself, to establish the reasonableness of the person's reaction. APPROVED JUNE 21, 2019 BY GOVERNOR CHAPTER 462 PUBLIC LAW Page 2 - 129LR2136(03)-1 For purposes of determining whether extreme anger or extreme fear was brought about by adequate provocation, the provocation was not adequate if it resulted solely from the discovery of, knowledge about or potential disclosure of the victim's actual or perceived gender, gender identity, gender expression or sexual orientation, including under circumstances in which the victim made an unwanted nonforcible romantic or sexual advance toward the person or in which the person and victim dated or had a romantic or sexual relationship.