86R14471 ADM-F
 
  By: Hinojosa H.B. No. 3281
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to a limitation on the use of a victim's gender identity or
  sexual orientation as the basis for a defense in the trial of a
  criminal offense.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Title 2, Penal Code, is amended by adding Chapter
  10 to read as follows:
  CHAPTER 10. LIMITATION OF DEFENSE BASED ON VICTIM IDENTITY
         Sec. 10.01.  DEFINITIONS. In this chapter:
               (1)  "Gender identity" means the actual or perceived
  gender-related identity, expression, appearance, mannerisms, or
  other gender-related characteristics of an individual, regardless
  of the individual's designated sex at birth.
               (2)  "Sexual orientation" means actual or perceived
  heterosexuality, homosexuality, or bisexuality.
         Sec. 10.02.  LIMITATION OF DEFENSE BASED ON VICTIM IDENTITY.
  (a) This section applies in the prosecution of any offense under
  this code.
         (b)  The use of force against another is not justified and an
  actor does not reasonably believe that the use of force is
  immediately necessary if the use of force occurs in response to:
               (1)  the actor's discovery or knowledge of, or the
  victim's disclosure or potential disclosure of, the gender identity
  or sexual orientation of the victim; or
               (2)  a nonviolent romantic or sexual advance made by
  the victim toward the actor.
         (c)  A defendant may not raise the issue that the defendant
  demonstrated a lower degree of culpability than that charged if the
  defendant's claim of a lower degree of culpability is based on:
               (1)  the defendant's discovery or knowledge of, or the
  victim's disclosure or potential disclosure of, the gender identity
  or sexual orientation of the victim; or
               (2)  a nonviolent romantic or sexual advance made by
  the victim toward the defendant.
         (d)  When determining whether a defendant committed an
  offense under the immediate influence of sudden passion arising
  from an adequate cause, it is not an adequate cause that the offense
  resulted from: 
               (1)  the defendant's discovery or knowledge of, or the
  victim's disclosure or potential disclosure of, the gender identity
  or sexual orientation of the victim; or
               (2)  a nonviolent romantic or sexual advance made by
  the victim toward the defendant.
         (e)  This section applies regardless of whether a
  defendant's knowledge, discovery, or belief regarding the victim's
  gender identity or sexual orientation was accurate.
         SECTION 2.  The change in law made by this Act applies only
  to an offense committed on or after the effective date of this Act.
  An offense committed before the effective date of this Act is
  governed by the law in effect on the date the offense was committed,
  and the former law is continued in effect for that purpose. For
  purposes of this section, an offense was committed before the
  effective date of this Act if any element of the offense occurred
  before that date.
         SECTION 3.  This Act takes effect September 1, 2019.