Text of VA HB 2132 (2021)

21102483D HOUSE BILL NO. 2132 Offered January 13, 2021 Prefiled January 12, 2021 A BILL to amend the Code of Virginia by adding in Article 1 of Chapter 4 of Title 18.2 a section numbered 18.2-37.1 and by adding in Article 4 of Chapter 4 of Title 18.2 a section numbered 18.2-57.5, relating to homicides and assaults and bodily woundings; certain matters not to constitute defenses. ---------- Patrons-- Roem, Adams, D.M., Levine, Mullin, Sickles, Ayala, Carr, Carter, Cole, J.G., Convirs-Fowler, Helmer, Hope, Hudson, Hurst, Keam, Kory, Krizek, Lopez, Mugler, Murphy, Price, Rasoul, Reid, Samirah, Simon, Simonds and Subramanyam; Senator: McClellan ---------- Referred to Committee for Courts of Justice ---------- Be it enacted by the General Assembly of Virginia: 1. That the Code of Virginia is amended by adding in Article 1 of Chapter 4 of Title 18.2 a section numbered 18.2-37.1 and by adding in Article 4 of Chapter 4 of Title 18.2 a section numbered 18.2-57.5 as follows: §18.2-37.1. Certain matters not to constitute defenses. A. Notwithstanding any other provision of law, the discovery of, perception of, or belief about another person's actual or perceived sex, gender, gender identity, or sexual orientation, whether or not accurate, is not a defense to any charge of capital murder, murder in the first degree, murder in the second degree, or voluntary manslaughter and is not provocation negating malice as an element of murder. B. Nothing in this section shall preclude the admission of evidence of a victim or witness's conduct, behavior, or statements that is relevant and otherwise admissible. §18.2-57.5. Certain matters not to constitute defenses. A. Notwithstanding any other provision of law, the discovery of, perception of, or belief about another person's actual or perceived sex, gender, gender identity, or sexual orientation, whether or not accurate, is not a defense to any charge brought under this article. B. Nothing in this section shall preclude admission of evidence of a victim or witness's conduct, behavior, or statements that is relevant and otherwise admissible. 2. That the provisions of this act may result in a net increase in periods of imprisonment or commitment. Pursuant to §30-19.1:4 of the Code of Virginia, the estimated amount of the necessary appropriation cannot be determined for periods of imprisonment in state adult correctional facilities; therefore, Chapter 1289 of the Acts of Assembly of 2020 requires the Virginia Criminal Sentencing Commission to assign a minimum fiscal impact of $50,000. Pursuant to §30-19.1:4 of the Code of Virginia, the estimated amount of the necessary appropriation cannot be determined for periods of commitment to the custody of the Department of Juvenile Justice.

CHAPTER 460 An Act to amend the Code of Virginia by adding in Article 1 of Chapter 4 of Title 18.2 a section numbered 18.2-37.1 and by adding in Article 4 of Chapter 4 of Title 18.2 a section numbered 18.2-57.5, relating to homicides and assaults and bodily woundings; certain matters not to constitute defenses. [H 2132] Approved March 31, 2021 Be it enacted by the General Assembly of Virginia: 1. That the Code of Virginia is amended by adding in Article 1 of Chapter 4 of Title 18.2 a section numbered 18.2-37.1 and by adding in Article 4 of Chapter 4 of Title 18.2 a section numbered 18.2-57.5 as follows: §18.2-37.1. Certain matters not to constitute defenses. A. Another person's actual or perceived sex, gender, gender identity, or sexual orientation is not in and of itself, or together with an oral solicitation, a defense to any charge of capital murder, murder in the first degree, murder in the second degree, or voluntary manslaughter and is not in and of itself, or together with an oral solicitation, provocation negating or excluding malice as an element of murder. B. Nothing in this section shall be construed to prevent a defendant from exercising his constitutionally protected rights, including his right to call for evidence in his favor that is relevant and otherwise admissible in a criminal prosecution. §18.2-57.5. Certain matters not to constitute defenses. A. Another person's actual or perceived sex, gender, gender identity, or sexual orientation is not in and of itself, or together with an oral solicitation, a defense to any charge brought under this article. B. Nothing in this section shall be construed to prevent a defendant from exercising his constitutionally protected rights, including his right to call for evidence in his favor that is relevant and otherwise admissible in a criminal prosecution. 2. That the provisions of this act may result in a net increase in periods of imprisonment or commitment. Pursuant to §30-19.1:4 of the Code of Virginia, the estimated amount of the necessary appropriation cannot be determined for periods of imprisonment in state adult correctional facilities; therefore, Chapter 1289 of the Acts of Assembly of 2020 requires the Virginia Criminal Sentencing Commission to assign a minimum fiscal impact of $50,000. Pursuant to §30-19.1:4 of the Code of Virginia, the estimated amount of the necessary appropriation cannot be determined for periods of commitment to the custody of the Department of Juvenile Justice.

21102483D HOUSE BILL NO. 2132 Offered January 13, 2021 Prefiled January 12, 2021 A BILL to amend the Code of Virginia by adding in Article 1 of Chapter 4 of Title 18.2 a section numbered 18.2-37.1 and by adding in Article 4 of Chapter 4 of Title 18.2 a section numbered 18.2-57.5, relating to homicides and assaults and bodily woundings; certain matters not to constitute defenses. ---------- Patron-- Roem ---------- Committee Referral Pending ---------- Be it enacted by the General Assembly of Virginia: 1. That the Code of Virginia is amended by adding in Article 1 of Chapter 4 of Title 18.2 a section numbered 18.2-37.1 and by adding in Article 4 of Chapter 4 of Title 18.2 a section numbered 18.2-57.5 as follows: §18.2-37.1. Certain matters not to constitute defenses. A. Notwithstanding any other provision of law, the discovery of, perception of, or belief about another person's actual or perceived sex, gender, gender identity, or sexual orientation, whether or not accurate, is not a defense to any charge of capital murder, murder in the first degree, murder in the second degree, or voluntary manslaughter and is not provocation negating malice as an element of murder. B. Nothing in this section shall preclude the admission of evidence of a victim or witness's conduct, behavior, or statements that is relevant and otherwise admissible. §18.2-57.5. Certain matters not to constitute defenses. A. Notwithstanding any other provision of law, the discovery of, perception of, or belief about another person's actual or perceived sex, gender, gender identity, or sexual orientation, whether or not accurate, is not a defense to any charge brought under this article. B. Nothing in this section shall preclude admission of evidence of a victim or witness's conduct, behavior, or statements that is relevant and otherwise admissible. 2. That the provisions of this act may result in a net increase in periods of imprisonment or commitment. Pursuant to §30-19.1:4 of the Code of Virginia, the estimated amount of the necessary appropriation cannot be determined for periods of imprisonment in state adult correctional facilities; therefore, Chapter 1289 of the Acts of Assembly of 2020 requires the Virginia Criminal Sentencing Commission to assign a minimum fiscal impact of $50,000. Pursuant to §30-19.1:4 of the Code of Virginia, the estimated amount of the necessary appropriation cannot be determined for periods of commitment to the custody of the Department of Juvenile Justice.