Text of UT HB 187 (2024)

Limitation on Special Mitigation Based on Victim Identity

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H.B. 187 LEGISLATIVE GENERAL COUNSEL 6 Approved for Filing: J. Rogers 6 6 01-05-24 4:34 PM 6 H.B. 187 1 LIMITATION ON DEFENSES BASED ON VICTIM 2 IDENTITY 3 2024 GENERAL SESSION 4 STATE OF UTAH 5 Chief Sponsor: Sahara Hayes 6 Senate Sponsor: ____________ 7 8 LONG TITLE 9 General Description: 10 This bill limits the use of a criminal defense based on a victim's sexual orientation or 11 gender identity. 12 Highlighted Provisions: 13 This bill: 14 < defines terms; 15 < prohibits an actor from using a victim's sexual orientation or gender identity: 16 C to defend, excuse, or justify an actor's conduct in committing a criminal offense; 17 or 18 C to mitigate the severity of or sentence for an actor's criminal offense; and 19 < makes technical and conforming changes. 20 Money Appropriated in this Bill: 21 None 22 Other Special Clauses: 23 None 24 Utah Code Sections Affected: 25 ENACTS: 26 76-2-310, Utah Code Annotated 1953 27 *HB0187* H.B. 187 01-05-24 4:34 PM - 2 - 28 Be it enacted by the Legislature of the state of Utah: 29 Section 1. Section 76-2-310 is enacted to read: 30 76-2-310. Limitation on defense based on victim's sexual orientation or gender 31 identity. 32 (1) As used in this section: 33 (a) "Gender identity" means the actual or perceived gender-related identity, expression, 34 appearance, behavior, or other gender-related characteristic of an individual, regardless of the 35 individual's physiology or assigned sex at birth. 36 (b) "Sexual orientation" means an individual's actual or perceived enduring pattern of 37 emotional, romantic, or sexual attraction to men, women, or both. 38 (2) An actor may not use the actor's perception or misperception of a victim's sexual 39 orientation or gender identity, including the actor's perception or misperception of a nonviolent 40 romantic or sexual advance made by a victim toward the actor: 41 (a) to defend, excuse, or justify the actor's conduct in committing a criminal offense; or 42 (b) to mitigate the severity of or sentence for the actor's criminal offense. 43 Section 2. Effective date. 44 This bill takes effect on May 1, 2024.