Text of VT H 128 (2021)

BILL AS INTRODUCED H.128 2021 Page 1 of 3 VT LEG #351748 v.2 H.128 1 Introduced by Representatives Cordes of Lincoln, Small of Winooski, Austin 2 of Colchester, Bluemle of Burlington, Briglin of Thetford, 3 Burrows of West Windsor, Chase of Colchester, Cina of 4 Burlington, Coffey of Guilford, Colburn of Burlington, 5 Donnally of Hyde Park, James of Manchester, Killacky of 6 South Burlington, Lippert of Hinesburg, Masland of Thetford, 7 Morris of Springfield, Mrowicki of Putney, Mulvaney-Stanak 8 of Burlington, Scheu of Middlebury, Sibilia of Dover, Stebbins 9 of Burlington, Surprenant of Barnard, Till of Jericho, Toleno of 10 Brattleboro, Vyhovsky of Essex, and White of Bethel 11 Referred to Committee on 12 Date: 13 Subject: Crimes and criminal procedure; criminal defenses; victim identity 14 Statement of purpose of bill as introduced: This bill proposes to prohibit a 15 defendant in a criminal proceeding from using information about the victim’s 16 actual or perceived gender identity to justify the criminal conduct of the 17 defendant or mitigate the severity of the offense. 18 An act relating to limiting criminal defenses based on victim identity 19 BILL AS INTRODUCED H.128 2021 Page 2 of 3 VT LEG #351748 v.2 It is hereby enacted by the General Assembly of the State of Vermont: 1 Sec. 1. 13 V.S.A. § 6566 is added to read: 2 § 6566. DEFENSE BASED ON VICTIM IDENTITY PROHIBITED 3 (a) In a prosecution for any criminal offense, evidence of the defendant’s 4 discovery of, knowledge about, or the potential disclosure of the crime victim’s 5 actual or perceived sexual orientation or gender identity shall not be used: 6 (1) as a defense to defendant’s criminal conduct; 7 (2) to establish a finding that defendant suffered from diminished 8 capacity; or 9 (3) to justify defendant’s use of force against another. 10 (b) A nonviolent romantic or sexual advance by a crime victim or a 11 defendant’s perception or belief, even if inaccurate, of the gender, gender 12 identity, or sexual orientation of a crime victim shall not be used to mitigate 13 the severity of an offense. 14 (c) On or before January 1, 2022 and annually thereafter, the Attorney 15 General shall submit to the House and Senate Committees on Judiciary a report 16 that details prosecutions in the Criminal Division of crimes committed that 17 were motivated by the victim’s gender, gender identity or expression, or sexual 18 orientation. The report shall include demographic information about the 19 defendants and victims, including race, ethnicity, age, and gender. 20 BILL AS INTRODUCED H.128 2021 Page 3 of 3 VT LEG #351748 v.2 Sec. 2. EFFECTIVE DATE 1 This act shall take effect on passage. 2

No. 18 Page 1 of 1 2021 VT LEG #356334 v.1 No. 18. An act relating to limiting criminal defenses based on victim identity. (H.128) It is hereby enacted by the General Assembly of the State of Vermont: Sec. 1. 13 V.S.A. § 6566 is added to read: § 6566. DEFENSE BASED ON VICTIM IDENTITY PROHIBITED In a prosecution or sentencing for any criminal offense, the following shall not be used as a defense to the defendant’s criminal conduct, to establish a finding that the defendant suffered from diminished capacity, to justify the defendant’s use of force against another, or to otherwise mitigate the severity of the offense: (1) evidence of the defendant’s discovery of, knowledge about, or the potential disclosure of the crime victim’s actual or perceived sexual orientation or gender identity, including under circumstances in which the victim made a nonforcible, noncriminal romantic or sexual advance toward the defendant; or (2) evidence of the defendant’s perception or belief, even if inaccurate, of the gender, gender identity, or sexual orientation of a crime victim. Sec. 2. EFFECTIVE DATE This act shall take effect on passage. Date Governor signed bill: May 5, 2021