Text of RI H 7066 (2018)

2018 -- H 7066 ======== LC003288 ======== S T A T E O F R H O D E I S L A N D IN GENERAL ASSEMBLY JANUARY SESSION, A.D. 2018 ____________ A N A C T RELATING TO CRIMINAL PROCEDURE -- TRIALS Introduced By: Representatives Marshall, Bennett, Blazejewski, Mendonca, and Costantino Date Introduced: January 03, 2018 Referred To: House Judiciary It is enacted by the General Assembly as follows: SECTION 1. Chapter 12-17 of the General Laws entitled "Trial" is hereby amended by 1 adding thereto the following sections: 2 12-17-17. Restrictions on the defense of provocation. 3 For purposes of determining sudden quarrel or heat of passion, the provocation was not 4 objectively reasonable if it resulted from the discovery of, knowledge about, or potential 5 disclosure of the victim's actual or perceived gender, gender identity, gender expression, or sexual 6 orientation, including under circumstances in which the victim made an unwanted non-forcible 7 romantic or sexual advance toward the defendant, or if the defendant and victim dated or had a 8 romantic relationship. 9 12-17-18. Restrictions on the defense of diminished capacity. 10 A defendant does not suffer from reduced mental capacity based on the discovery of, 11 knowledge about, or potential disclosure of the victim's actual or perceived gender, gender 12 identity, gender expression, or sexual orientation, including under circumstances in which the 13 victim made an unwanted non-forcible romantic or sexual advance toward the defendant, or if the 14 defendant and victim dated or had a romantic or sexual relationship. 15 12-17-19. Restrictions on the defense of self-defense. 16 A person is not justified in using force against another based on the discovery of, 17 knowledge about, or potential disclosure of the victim's actual or perceived gender, gender 18 identity, gender expression, or sexual orientation, including under circumstances in which the 19 LC003288 - Page 2 of 3 victim made an unwanted non-forcible romantic or sexual advance toward the defendant, or if the 1 defendant and victim dated or had a romantic or sexual relationship. 2 SECTION 2. This act shall take effect upon passage. 3 ======== LC003288 ======== LC003288 - Page 3 of 3 EXPLANATION BY THE LEGISLATIVE COUNCIL OF A N A C T RELATING TO CRIMINAL PROCEDURE -- TRIALS *** This act would restrict the use of a victim's gender or sexual orientation as a defense by 1 any defendant claiming provocation, diminished capacity or self-defense and would prohibit the 2 court from allowing such information into evidence. 3 This act would take effect upon passage. 4 ======== LC003288 ========

2018 -- H 7066 AS AMENDED ======== LC003288 ======== S T A T E O F R H O D E I S L A N D IN GENERAL ASSEMBLY JANUARY SESSION, A.D. 2018 ____________ A N A C T RELATING TO CRIMINAL PROCEDURE -- TRIALS Introduced By: Representatives Marshall, Bennett, Blazejewski, Mendonca, and Costantino Date Introduced: January 03, 2018 Referred To: House Judiciary It is enacted by the General Assembly as follows: SECTION 1. Chapter 12-17 of the General Laws entitled "Trial" is hereby amended by 1 adding thereto the following sections: 2 12-17-17. Restrictions on the defense of provocation. 3 For purposes of determining sudden quarrel or heat of passion, the provocation was not 4 objectively reasonable if it resulted solely from the discovery of, knowledge about, or potential 5 disclosure of the victim's actual or perceived gender, gender identity, gender expression, or sexual 6 orientation, including under circumstances in which the victim made an unwanted non-forcible 7 romantic or sexual advance toward the defendant, or if the defendant and victim dated or had a 8 romantic relationship. 9 12-17-18. Restrictions on the defense of diminished capacity. 10 A defendant does not suffer from reduced mental capacity based solely on the discovery 11 of, knowledge about, or potential disclosure of the victim's actual or perceived gender, gender 12 identity, gender expression, or sexual orientation, including under circumstances in which the 13 victim made an unwanted non-forcible romantic or sexual advance toward the defendant, or if the 14 defendant and victim dated or had a romantic or sexual relationship. 15 12-17-19. Restrictions on the defense of self-defense. 16 A person is not justified in using force against another based solely on the discovery of, 17 knowledge about, or potential disclosure of the victim's actual or perceived gender, gender 18 identity, gender expression, or sexual orientation, including under circumstances in which the 19 LC003288 - Page 2 of 3 victim made an unwanted non-forcible romantic or sexual advance toward the defendant, or if the 1 defendant and victim dated or had a romantic or sexual relationship. 2 SECTION 2. This act shall take effect upon passage. 3 ======== LC003288 ======== LC003288 - Page 3 of 3 EXPLANATION BY THE LEGISLATIVE COUNCIL OF A N A C T RELATING TO CRIMINAL PROCEDURE -- TRIALS *** This act would restrict the use of a victim's gender or sexual orientation as a defense by 1 any defendant claiming provocation, diminished capacity or self-defense and would prohibit the 2 court from allowing such information into evidence. 3 This act would take effect upon passage. 4 ======== LC003288 ========