Text of UT SB 193 (2022)

S.B. 193 LEGISLATIVE GENERAL COUNSEL 6 Approved for Filing: J. Rogers 6 6 02-09-22 2:35 PM 6 S.B. 193 1 CRIMINAL DEFENSE PROHIBITION 2 2022 GENERAL SESSION 3 STATE OF UTAH 4 Chief Sponsor: Derek L. Kitchen 5 House Sponsor: ____________ 6 7 LONG TITLE 8 General Description: 9 This bill limits the use of a criminal defense based on a victim's sexual orientation or 10 gender identity. 11 Highlighted Provisions: 12 This bill: 13 < prohibits an actor from using a victim's sexual orientation or gender identity: 14 C to defend, excuse, or justify the actor's conduct in committing a criminal 15 offense; or 16 C to mitigate the severity of or sentence for an actor's criminal offense; and 17 < makes technical and conforming changes. 18 Money Appropriated in this Bill: 19 None 20 Other Special Clauses: 21 None 22 Utah Code Sections Affected: 23 ENACTS: 24 76-2-310, Utah Code Annotated 1953 25 26 Be it enacted by the Legislature of the state of Utah: 27 Section 1. Section 76-2-310 is enacted to read: *SB0193* S.B. 193 02-09-22 2:35 PM - 2 - 28 76-2-310. Limitation of defense based on victim's sexual orientation or gender 29 identity. 30 (1) As used in this section: 31 (a) "Gender identity" means the actual or perceived gender-related identity, expression, 32 appearance, behavior, or other gender-related characteristic of an individual, regardless of the 33 individual's physiology or assigned sex at birth. 34 (b) "Sexual orientation" means an individual's actual or perceived heterosexuality, 35 homosexuality, or bisexuality. 36 (2) An actor may not use the actor's perception or misperception of a victim's sexual 37 orientation or gender identity, including the actor's perception or misperception of a nonviolent 38 romantic or sexual advance made by a victim toward the actor: 39 (a) to defend, excuse, or justify the actor's conduct in committing a criminal offense; or 40 (b) to mitigate the severity of or sentence for the actor's criminal offense.