Bill Text: IA SF407 | 2019-2020 | 88th General Assembly | Introduced
Bill Title: A bill for an act relating to restrictions on the criminal defenses of provocation, diminished capacity, and self-defense.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2019-02-28 - Subcommittee: Sinclair, Petersen, and Schultz. S.J. 433. [SF407 Detail]
Download: Iowa-2019-SF407-Introduced.html
Senate
File
407
-
Introduced
SENATE
FILE
407
BY
CELSI
and
WAHLS
A
BILL
FOR
An
Act
relating
to
restrictions
on
the
criminal
defenses
of
1
provocation,
diminished
capacity,
and
self-defense.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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407
Section
1.
NEW
SECTION
.
704A.1
Restriction
on
the
defense
1
of
provocation.
2
For
purposes
of
determining
sudden,
violent,
and
3
irresistible
passion
resulting
from
serious
provocation
4
sufficient
to
excite
such
passion
in
a
person,
the
provocation
5
was
not
objectively
reasonable
if
it
resulted
from
the
6
discovery
of,
knowledge
about,
or
potential
disclosure
of
7
another
person’s
actual
or
perceived
gender,
gender
identity,
8
gender
expression,
or
sexual
orientation,
including
under
9
circumstances
in
which
the
other
person
made
an
unwanted,
10
nonforcible,
romantic
or
sexual
advance
towards
the
person,
or
11
if
the
person
and
the
other
person
dated
or
had
a
romantic
or
12
sexual
relationship.
This
section
shall
not
preclude
a
jury
13
from
considering
all
relevant
facts
to
determine
whether
the
14
person
was
in
fact
provoked
for
purposes
of
establishing
a
15
provocation
defense.
16
Sec.
2.
NEW
SECTION
.
704A.2
Restriction
on
the
defense
of
17
diminished
capacity.
18
A
person
does
not
suffer
from
reduced
mental
capacity
based
19
on
the
discovery
of,
knowledge
about,
or
potential
disclosure
20
of
another
person’s
actual
or
perceived
gender,
gender
21
identity,
gender
expression,
or
sexual
orientation,
including
22
under
circumstances
in
which
the
other
person
made
an
unwanted,
23
nonforcible,
romantic
or
sexual
advance
towards
the
person,
or
24
if
the
person
and
the
other
person
dated
or
had
a
romantic
or
25
sexual
relationship.
26
Sec.
3.
NEW
SECTION
.
704A.3
Restriction
on
the
defense
of
27
self-defense.
28
A
person
is
not
justified
in
using
force
against
another
29
person
based
upon
the
discovery
of,
knowledge
about,
or
30
potential
disclosure
of
another
person’s
actual
or
perceived
31
gender,
gender
identity,
gender
expression,
or
sexual
32
orientation,
including
under
circumstances
in
which
the
other
33
person
made
an
unwanted,
nonforcible,
romantic
or
sexual
34
advance
towards
the
person,
or
if
the
person
and
the
other
35
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407
person
dated
or
had
a
romantic
or
sexual
relationship.
1
EXPLANATION
2
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
3
the
explanation’s
substance
by
the
members
of
the
general
assembly.
4
This
bill
relates
to
restrictions
on
criminal
defenses
of
5
provocation,
diminished
capacity,
and
self-defense.
6
The
bill
provides
that
for
purposes
of
determining
sudden,
7
violent,
and
irresistible
passion
resulting
from
serious
8
provocation
sufficient
to
excite
such
passion
in
a
person,
the
9
provocation
is
not
objectively
reasonable
if
it
results
from
10
the
discovery
of,
knowledge
about,
or
potential
disclosure
of
11
another
person’s
actual
or
perceived
gender,
gender
identity,
12
gender
expression,
or
sexual
orientation,
including
under
13
circumstances
in
which
the
other
person
made
an
unwanted,
14
nonforcible,
romantic
or
sexual
advance
towards
the
person,
or
15
if
the
person
and
the
other
person
dated
or
had
a
romantic
or
16
sexual
relationship.
The
restriction
shall
not
preclude
a
jury
17
from
considering
all
relevant
facts
to
determine
whether
the
18
defendant
was
in
fact
provoked
for
purposes
of
establishing
a
19
provocation
defense.
20
The
bill
provides
that
a
person
does
not
suffer
from
reduced
21
mental
capacity,
nor
is
a
person
justified
in
using
force
22
against
another
person,
based
on
the
discovery
of,
knowledge
23
about,
or
potential
disclosure
of
the
other
person’s
actual
or
24
perceived
gender,
gender
identity,
gender
expression,
or
sexual
25
orientation,
including
under
circumstances
in
which
another
26
person
made
an
unwanted,
nonforcible,
romantic
or
sexual
27
advance
towards
the
person,
or
if
the
person
and
the
other
28
person
dated
or
had
a
romantic
or
sexual
relationship.
29
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