Text of NM SB 59 (2019)

underscored material = new [bracketed material] = delete 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 SENATE BILL 59 54TH LEGISLATURE - STATE OF NEW MEXICO - FIRST SESSION, 2019 INTRODUCED BY Cisco McSorley AN ACT RELATING TO CRIME; PROHIBITING A DEFENSE BASED ON A DEFENDANT'S DISCOVERY OF OR KNOWLEDGE ABOUT OR THE POTENTIAL DISCLOSURE OF A VICTIM'S GENDER, GENDER IDENTITY, GENDER EXPRESSION OR SEXUAL ORIENTATION. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: SECTION 1. A new section of Chapter 30, Article 1 NMSA 1978 is enacted to read: "[NEW MATERIAL] DEFENSE BASED ON VICTIM'S GENDER, GENDER IDENTITY, GENDER EXPRESSION OR SEXUAL ORIENTATION PROHIBITED.-- A. In any prosecution for a criminal offense provided in Chapter 30 NMSA 1978, the defendant's discovery of or knowledge about, or the potential disclosure of, the victim's actual or perceived gender, gender identity, gender expression or sexual orientation, including under circumstances .210876.1 underscored material = new [bracketed material] = delete 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 in which the victim made an unwanted non-forcible romantic or sexual advance toward the defendant or the defendant and victim were engaged in a personal, romantic or sexual relationship: (1) may not be submitted as a justification for the conduct of the defendant; and (2) does not constitute: (a) sufficient provocation with respect to the conduct for which the defendant is being prosecuted; (b) evidence of the defendant's diminished responsibility for the offense by reason of mental disease or defect; or (c) evidence that the defendant acted in defense of the defendant's self or of another person. B. For the purposes of this section: (1) "gender expression" means the external appearance of a person's gender identity, often expressed through the person's behavior, physical appearance or voice, which expression may or may not conform to socially defined behaviors and characteristics typically associated with masculinity or femininity; (2) "gender identity" means a person's self- perception of the person's gender, whether that perception aligns with the sex assigned to the person at birth; and (3) "sexual orientation" means actual or perceived heterosexuality, homosexuality or bisexuality." .210876.1 - 2 -