Text of MI HB 4718 (2024)

HOUSE BILL NO. 4718 A bill to amend 1927 PA 175, entitled "The code of criminal procedure," (MCL 760.1 to 777.69) by adding section 21d to chapter VIII. the people of the state of michigan enact: CHAPTER VIII Sec. 21d. (1) For purposes of determining if a crime was committed because of a sudden quarrel or in a heat of passion, 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 defendant, or if the person and victim had a dating relationship or sexual relationship, is not objectively reasonable provocation. (2) A person does not suffer from reduced mental capacity and shall not assert a defense under section 20a of this chapter based 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 defendant, or if the person and victim had a dating relationship or sexual relationship. (3) Notwithstanding the provisions of any other law of this state, a person is not justified in using force against another person based 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 defendant, or if the person and victim had a dating relationship or sexual relationship. (4) As used in this section, "dating relationship" means frequent, intimate associations primarily characterized by the expectation of affectional involvement. This term does not include a casual relationship or an ordinary fraternization between 2 individuals in a business or social context.

Act No. 87 Public Acts of 2024 Approved by the Governor July 23, 2024 Filed with the Secretary of State July 23, 2024 EFFECTIVE DATE: Sine Die (91st day after final adjournment of the 2024 Regular Session) state of michigan 102nd Legislature Regular session of 2024 Introduced by Reps. Pohutsky, Dievendorf, Morgan, Arbit, McFall, Hoskins, Brenda Carter, McKinney, Paiz, Haadsma, Byrnes, Wegela, Wilson, Glanville, Tyrone Carter, Weiss, MacDonell, Koleszar, Steckloff, Price, Morse, Martus, Brabec, Rheingans, Aiyash, Coffia, Fitzgerald, Hope and Hill ENROLLED HOUSE BILL No. 4718 AN ACT to amend 1927 PA 175, entitled “An act to revise, consolidate, and codify the laws relating to criminal procedure and to define the jurisdiction, powers, and duties of courts, judges, and other officers of the court under the provisions of this act; to provide laws relative to the rights of persons accused of criminal offenses and ordinance violations; to provide for the arrest of persons charged with or suspected of criminal offenses and ordinance violations; to provide for bail of persons arrested for or accused of criminal offenses and ordinance violations; to provide for the examination of persons accused of criminal offenses; to regulate the procedure relative to grand juries, indictments, informations, and proceedings before trial; to provide for trials of persons complained of or indicted for criminal offenses and ordinance violations and to provide for the procedure in those trials; to provide for judgments and sentences of persons convicted of criminal offenses and ordinance violations; to establish a sentencing commission and to prescribe its powers and duties; to provide for procedure relating to new trials and appeals in criminal and ordinance violation cases; to provide a uniform system of probation throughout this state and the appointment of probation officers; to prescribe the powers, duties, and compensation of probation officers; to provide penalties for the violation of the duties of probation officers; to provide for procedure governing proceedings to prevent crime and proceedings for the discovery of crime; to provide for fees of officers, witnesses, and others in criminal and ordinance violation cases; to set forth miscellaneous provisions as to criminal procedure in certain cases; to provide penalties for the violation of certain provisions of this act; and to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act,” (MCL 760.1 to 777.69) by adding section 21d to chapter VIII. The People of the State of Michigan enact: CHAPTER VIII Sec. 21d. (1) Evidence of the discovery of, knowledge about, or potential disclosure of an individual’s actual or perceived sex, gender identity, gender expression, or sexual orientation is not admissible for any of the following purposes: (a) To demonstrate reasonable provocation. (b) To show that an act was committed in a heat of passion. (c) To support a defense of reduced mental capacity under section 20a of this chapter. (2) Notwithstanding the provisions of any other law of this state, an individual is not justified in using force against another individual based on the discovery of, knowledge about, or potential disclosure of the victim’s actual or perceived sex, gender identity, gender expression, or sexual orientation. Clerk of the House of Representatives Secretary of the Senate Approved___________________________________________ ____________________________________________________ Governor